20 USC 76k. Trust funds, officers and employees, review of Board
actions
TITLE 20 -- EDUCATION
(a) Solicitation, acceptance, holding, administering of gifts,
bequests, devises; sale, exchange, investment of trust fund property;
deposit and expenditure of income
The Board is authorized to solicit and accept for the Smithsonian
Institution and to hold and administer gifts, bequests, or devises of
money, securities, or other property of whatsoever character for the
benefit of the John F. Kennedy Center for the Performing Arts. Unless
otherwise restricted by the terms of the gift, bequest, or devise, the
Board is authorized to sell or exchange and to invest or reinvest in
such investments as it may determine from time to time the moneys,
securities, or other property composing trust funds given, bequeathed,
or devised to or for the benefit of the John F. Kennedy Center for the
Performing Arts. The income as and when collected shall be placed in
such depositaries as the Board shall determine and shall be subject to
expenditure by the Board.
(b) Appointment and fixing compensation and duties of officers and
employees; qualifications of director, assistant director, and
secretary
The Board shall appoint and fix the compensation and duties of a
director, an assistant director, and a secretary of the John F. Kennedy
Center for the Performing Arts and of such other officers and employees
of the John F. Kennedy Center for the Performing Arts as may be
necessary for the efficient administration of the functions of the
Board. The director, assistant director, and secretary shall be well
qualified by experience and training to perform the duties of their
office.
(c) Judicial review
The actions of the Board, including any payment made or directed to
be made by it from any trust funds, shall not be subject to review by
any officer or agency other than a court of law.
(Pub. L. 85-874, 5, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88-260,
1(2), Jan. 23, 1964, 78 Stat. 4.)
1964 -- Subsecs. (a), (b). Pub. L. 88-260 substituted ''John F.
Kennedy Center for the Performing Arts'' for ''National Cultural
Center'' wherever appearing.
20 USC 76l. Official seal, Board vacancies and quorum, trustee powers
and obligations, reports, support services, and review and audit
TITLE 20 -- EDUCATION
(a) Adoption of seal; Board function notwithstanding vacancies;
quorum
The Board is authorized to adopt an official seal which shall be
judicially noticed and to make such bylaws, rules, and regulations, as
it deems necessary for the administration of its functions under this
subchapter, including, among other matters, bylaws, rules, and
regulations relating to the administration of its trust funds and the
organization and procedure of the Board. The Board may function
notwithstanding vacancies and twelve members of the Board shall
constitute a quorum for the transaction of business.
(b) Powers and obligations of Board in respect of trust funds
The Board shall have all the usual powers and obligations of a
trustee in respect of all trust funds administered by it.
(c) Annual report of operations and finances
The Board shall submit to the Smithsonian Institution and to Congress
an annual report of its operations under this subchapter, including a
detailed statement of all public and private moneys received and
disbursed by it.
(d) Repealed. Pub. L. 101-449, 3, Oct. 22, 1990, 104 Stat. 1050
(e) Maintenance, repair, alteration, security, information and other
services
(1) Provision of services
The Secretary of the Interior, acting through the National Park
Service, and the Board shall provide for maintenance, repair, and
alteration of the building and security, information, interpretation,
janitorial, and all other services necessary for operating the building.
(2) Agreement
The Secretary and the Board shall enter into a cooperative agreement
setting forth their respective responsibilities under paragraph (1) of
this subsection.
(3) Authorization of appropriations
There is authorized to be appropriated to the Secretary of the
Interior to carry out this subsection --
(A) for fiscal year 1993, not more than --
(i) $8,000,000 for annual maintenance, repairs, alterations, and
operating services; and
(ii) $12,806,000 for deferred maintenance, repairs, and alterations;
and
(B) for fiscal year 1994, not more than --
(i) $12,000,000 for annual maintenance, repairs, alterations, and
operating services; and
(ii) $15,000,000 for deferred maintenance, repairs, and alterations.
(f) Audits
The General Accounting Office shall review and audit, at least every
3 years, the accounts of the John F. Kennedy Center for the Performing
Arts for the purpose of --
(1) examining expenditures made under the cooperative agreement
entered into under subsection (c)(2) of this section; and
(2) determining the continuing ability of the Center to pay its share
of future expenditures under such agreement.
(Pub. L. 85-874, 6, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88-100,
3, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88-260, 1(4), (5), Jan. 23,
1964, 78 Stat. 4; Pub. L. 92-313, 10, June 16, 1972, 86 Stat. 222;
Pub. L. 93-67, July 10, 1973, 87 Stat. 161; Pub. L. 94-119, 1, 2,
Oct. 21, 1975, 89 Stat. 608; Pub. L. 94-578, title III, 314, Oct. 21,
1976, 90 Stat. 2737; Pub. L. 95-50, 2, June 20, 1977, 91 Stat. 232;
Pub. L. 95-305, June 29, 1978, 92 Stat. 348; Pub. L. 96-587, 1, Dec.
23, 1980, 94 Stat. 3387; Pub. L. 97-73, Nov. 3, 1981, 95 Stat. 1064;
Pub. L. 97-202, June 24, 1982, 96 Stat. 128; Pub. L. 101-449, 1-3,
Oct. 22, 1990, 104 Stat. 1050; Pub. L. 102-500, 1, Oct. 24, 1992, 106
Stat. 3267.)
1992 -- Subsec. (e)(3). Pub. L. 102-500 amended par. (3) generally.
Prior to amendment, par. (3) read as follows: ''There is authorized
to be appropriated to the Secretary of the Interior to carry out this
subsection --
''(A) for fiscal year 1991, not more than --
''(i) $6,750,000 for annual maintenance, repairs, alterations, and
operating services; and
''(ii) $15,000,000 for deferred maintenance, repairs, and
alterations; and
''(B) for fiscal year 1992, not more than --
''(i) $9,850,000 for annual maintenance, repairs, alterations, and
operating services; and
''(ii) $15,512,000 for deferred maintenance, repairs, and
alterations.''
1990 -- Subsec. (d). Pub. L. 101-449, 3, struck out subsec. (d)
which read as follows: ''The Board shall transmit to Congress a
detailed report of any memorial which it proposes to provide within the
John F. Kennedy Center for the Performing Arts under authority of
paragraph (5) of section 76j of this title, and no such memorial shall
be provided until the Board of Regents of the Smithsonian Institution
shall have approved such memorial.''
Subsec. (e). Pub. L. 101-449, 1, amended subsec. (e) generally.
Prior to amendment, subsec. (e) read as follows: ''The Secretary of
the Interior, acting through the National Park Service, shall provide
maintenance, security, information, interpretation, janitorial and all
other services necessary to the nonperforming arts functions of the John
F. Kennedy Center for the Performing Arts. There is authorized to be
appropriated to carry out this subsection not to exceed $2,800,000 for
the fiscal year ending June 30, 1976, $741,000 for the transition period
ending September 30, 1976, $3,100,000 for the fiscal year ending
September 30, 1977, and $4,000,000 for the fiscal year ending September
30, 1978. There is authorized to be appropriated to carry out this
subsection not to exceed $4,200,000 for the fiscal year ending September
30, 1979. There is authorized to be appropriated to carry out this
subsection not to exceed $4,287,000 for the fiscal year ending September
30, 1980, and not to exceed $4,400,000 for the fiscal year ending
September 30, 1981, and not to exceed $4,544,000 for the fiscal year
ending September 30, 1982, and not to exceed $4,247,000 for the fiscal
year ending September 30, 1983.''
Subsec. (f). Pub. L. 101-449, 2, amended subsec. (f) generally.
Prior to amendment, subsec. (f) read as follows: ''The General
Accounting Office is authorized and directed to review and audit,
regularly, the accounts of the Kennedy Center for the Performing Arts,
for the purpose of determining the continuing ability of the Center to
pay its share of future operating costs, and for the purpose of assuring
that the cost-of-living formula fairly and accurately reflects the use
of the building.''
1982 -- Subsec. (e). Pub. L. 97-202 inserted provisions authorizing
an appropriation of not to exceed $4,247,000 for fiscal year ending
Sept. 30, 1983.
1981 -- Subsec. (e). Pub. L. 97-73 inserted provision authorizing an
appropriation of not to exceed $4,544,000 for fiscal year ending Sept.
30, 1982.
1980 -- Subsec. (e). Pub. L. 96-587 inserted provisions authorizing
appropriations for fiscal years ending Sept. 30, 1980, and Sept. 30,
1981.
1978 -- Subsec. (e). Pub. L. 95-305 inserted provisions authorizing
appropriations for fiscal year ending Sept. 30, 1979.
1977 -- Subsec. (e). Pub. L. 95-50 substituted provisions
authorizing an appropriation of $4,000,000 for fiscal year ending Sept.
30, 1978, for provisions authorizing appropriations of $4,000,000 for
fiscal year ending Sept. 30, 1978, and not to exceed $4,300,000 for the
fiscal year ending Sept. 30, 1979.
1976 -- Subsec. (e). Pub. L. 94-578 substituted provisions
authorizing appropriations for fiscal years ending Sept. 30, 1978, and
Sept. 30, 1979, for provisions covering fiscal years ending Sept. 30,
1976, Sept. 30, 1977, and transitional period ending Sept. 30, 1976.
1975 -- Subsec. (e). Pub. L. 94-119, 1, inserted provisions
authorizing appropriations for fiscal year ending June 30, 1976, for the
transitional period ending Sept. 30, 1976, and for fiscal year ending
Sept. 30, 1977.
Subsec. (f). Pub. L. 94-119, 2, added subsec. (f).
1973 -- Subsec. (e). Pub. L. 93-67 substituted provisions
authorizing appropriations not to exceed $2,400,000 for fiscal year
ending June 30, 1974, and $2,500,000 for fiscal year ending June 30,
1975, for provision granting general authorization of appropriation for
fiscal year ending June 30, 1973.
1972 -- Subsec. (e). Pub. L. 92-313 added subsec. (e).
1964 -- Subsec. (c). Pub. L. 88-260, 1(4), inserted ''and to
Congress'' after ''Smithsonian Institution''.
Subsec. (d). Pub. L. 88-260, 1(5), added subsec. (d).
1963 -- Subsec. (a). Pub. L. 88-100 substituted ''twelve'' for
''eight'' after ''vacancies and''.
Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1782, provided:
''That contracts hereafter awarded for environmental systems,
housekeeping, protection systems, and repair or renovation of buildings
of the John F. Kennedy Center for the Performing Arts may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.''
20 USC 76m, 76n. Repealed. Pub. L. 101-449, 3, Oct. 22, 1990, 104
Stat. 1050
TITLE 20 -- EDUCATION
Section 76m, Pub. L. 85-874, 7, Sept. 2, 1958, 72 Stat. 1700;
Pub. L. 86-297, Sept. 21, 1959, 73 Stat. 573; Pub. L. 88-100, 4,
Aug. 19, 1963, 77 Stat. 128; Pub. L. 88-260, 1(2), Jan. 23, 1964,
78 Stat. 4; Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095,
related to termination of offices created and appointments made in
connection with John F. Kennedy Center for the Performing Arts if
moneys were not found to construct the Center within eight years after
Sept. 2, 1958.
Section 76n, Pub. L. 85-874, 8, as added Pub. L. 88-260, 1(6),
Jan. 23, 1964, 78 Stat. 4; amended Pub. L. 91-90, 1(a), Oct. 17,
1969, 83 Stat. 135; Pub. L. 92-313, 9, June 16, 1972, 86 Stat. 222;
Pub. L. 95-50, 1, June 20, 1977, 91 Stat. 232, authorized
appropriations for construction, repair, renovation, and reconstruction
of John F. Kennedy Center for the Performing Arts.
20 USC 76o. Borrowing authority to finance parking facilities
TITLE 20 -- EDUCATION
(a) Revenue bonds
To finance necessary parking facilities for the Center, the Board may
issue revenue bonds to the Secretary of the Treasury payable from
revenues accruing to the Board. The total face value of all bonds so
issued shall not be greater than $20,400,000. Such obligations shall
have maturities agreed upon by the Board and the Secretary of the
Treasury but not in excess of fifty years. Such obligations may be
redeemable at the option of the Board before maturity in such manner as
may be stipulated in such obligations, but the obligations thus redeemed
shall not be refinanced by the Board. The Secretary of the Treasury is
authorized and directed to purchase any obligations of the Board to be
issued under this section and for such purpose the Secretary of the
Treasury is authorized to use as a public debt transaction the proceeds
from the sale of any securities issued under chapter 31 of title 31 and
the purposes for which securities may be issued under chapter 31 of
title 31 are extended to include any purchases of the Board's
obligations under this section.
(b) Interest
Effective as of October 12, 1984, the obligations of the Board
incurred under subsection (a) of this section shall bear no interest,
and the requirement of the Board to pay the unpaid interest which has
accrued on such obligations is terminated.
(c) Kennedy Center Revenue Bond Sinking Fund
There is hereby established in the Treasury of the United States a
sinking fund, the Kennedy Center Revenue Bond Sinking Fund (hereinafter
referred to as the ''Fund''), which shall be used to retire the
obligations of the Board incurred under subsection (a) of this section
upon the respective maturities of such obligations. The Board shall pay
into the Fund, beginning on January 1, 1987 and ending on January 1,
2016, the annual sum of $200,000 in amortization of the principal amount
of the obligations. Such sums shall be invested by the Secretary of the
Treasury in public debt securities with maturities suitable for the
needs of the Fund and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration the current average
market yield on outstanding marketable obligations of the United States
of comparable maturities. The interest on such investments shall be
credited to and form a part of the Fund. Moneys in the Fund shall be
used exclusively to retire the obligations of the Board incurred under
subsection (a) of this section. Adjustments of not greater than plus or
minus 5 per centum may be made from time to time in the annual payments
to the Fund in order to correct any gains or deficiencies as a result of
fluctuations in interest rates over the life of the investments:
Provided, however, That a final adjustment shall be made between the
Board and the Secretary of the Treasury at the end of the amortization
period to correct any overall gain or deficiency in the Fund. The terms
of this adjustment shall be covered by a memorandum of understanding
between the Board and the Secretary of the Treasury to be consummated on
or before the time the initial payment into the Fund is made.
(Pub. L. 85-874, 9, as added Pub. L. 88-260, 1(6), Jan. 23, 1964,
78 Stat. 5; amended Pub. L. 91-90, 1(b), Oct. 17, 1969, 83 Stat. 135;
Pub. L. 98-473, title I, 101(c), Oct. 12, 1984, 98 Stat. 1837, 1876;
Pub. L. 101-449, 4, Oct. 22, 1990, 104 Stat. 1051.)
1990 -- Subsec. (a). Pub. L. 101-449 substituted ''chapter 31 of
title 31'' for ''the Second Liberty Bond Act, as amended,'' in two
places.
1984 -- Pub. L. 98-473 designated existing provisions as subsec.
(a), struck out provisions relating to interest on bonds, and added
subsecs. (b) and (c).
1969 -- Pub. L. 91-90 substituted ''$20,400,000'' for
''$15,400,000'' in two places.
20 USC 76p. Acceptance and disposition of gifts to the United States
contributed in honor or memory of the late President John F. Kennedy
TITLE 20 -- EDUCATION
The Secretary of the Treasury is authorized to accept on behalf of
the United States any gift to the United States which he finds has been
contributed in honor of or in memory of the late President John F.
Kennedy and to pay the money to such appropriation or other accounts,
including the appropriation accounts established pursuant to
appropriations authorized by this subchapter, as in his judgment will
best effectuate the intent of the donor.
(Pub. L. 85-874, 10, as added Pub. L. 88-260, 1(6), Jan. 23, 1964,
78 Stat. 5.)
20 USC 76q. Sole national memorial to the late John F. Kennedy within
the city of Washington and environs
TITLE 20 -- EDUCATION
The John F. Kennedy Center for the Performing Arts, designated by
this subchapter, shall be the sole national memorial to the late John
Fitzgerald Kennedy within the city of Washington and its environs.
(Pub. L. 85-874, 11, as added Pub. L. 88-260, 1(6), Jan. 23, 1964,
78 Stat. 5.)
20 USC SUBCHAPTER VI -- JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN
TITLE 20 -- EDUCATION
20 USC 76aa. Site for museum and sculpture garden
TITLE 20 -- EDUCATION
(a) Appropriation and availability
The area bounded by Seventh Street, Independence Avenue, Ninth
Street, and Jefferson Drive, in the District of Columbia, is hereby
appropriated to the Smithsonian Institution as the permanent site of a
museum and the area bounded by Seventh Street, Jefferson Drive, Ninth
Street, and Madison Drive, in the District of Columbia is hereby made
available to the Smithsonian Institution as the permanent site of a
sculpture garden, both areas to be used for the exhibition of works of
art.
(b) Powers and duties of Board of Regents
The Board of Regents of the Smithsonian Institution is authorized to
remove any existing structure, to prepare architectural and engineering
designs, plans, and specifications, and to construct a suitable museum
within said area lying south of Jefferson Drive and to provide a
sculpture garden for the use of the Smithsonian Institution within the
areas designated in subsection (a) of this section.
(Pub. L. 89-788, 1, Nov. 7, 1966, 80 Stat. 1403.)
20 USC 76bb. Joseph H. Hirshhorn Museum and Sculpture Garden
TITLE 20 -- EDUCATION
(a) Designation; administration by Board of Regents; cooperation of
Board with Secretary of Interior
The museum and sculpture garden provided for by this subchapter shall
be designated and known in perpetuity as the Joseph H. Hirshhorn Museum
and Sculpture Garden, and shall be a free public museum and sculpture
garden under the administration of the Board of Regents of the
Smithsonian Institution. In administering the sculpture garden the
Board shall cooperate with the Secretary of Interior so that the
development and use of the Garden is consistent with the open-space
concept of the Mall, for which the Secretary of Interior is responsible,
and with related development regarding underground garages and street
development.
(b) Federal funds
The faith of the United States is pledged that the United States
shall provide such funds as may be necessary for the upkeep, operation,
and administration of the Joseph H. Hirshhorn Museum and Sculpture
Garden.
(c) Uses
The Joseph H. Hirshhorn Museum and Sculpture Garden shall be the
permanent home of the collections of art of Joseph H. Hirshhorn and the
Joseph H. Hirshhorn Foundation, and shall be used for the storage,
exhibition, and study of works of art, and for the administration of the
affairs of the Joseph H. Hirshhorn Museum and Sculpture Garden.
(Pub. L. 89-788, 2, Nov. 7, 1966, 80 Stat. 1403.)
20 USC 76cc. Board of Trustees
TITLE 20 -- EDUCATION
(a) Establishment; powers and duties
There is established in the Smithsonian Institution a Board of
Trustees to be known as the Trustees of the Joseph H. Hirshhorn Museum
and Sculpture Garden, which shall provide advice and assistance to the
Board of Regents of the Smithsonian Institution on all matters relating
to the administration, operation, maintenance, and preservation of the
Joseph H. Hirshhorn Museum and Sculpture Garden; and which shall have
the sole authority (i) to purchase or otherwise acquire (whether by
gift, exchange, or other means) works of art for the Joseph H.
Hirshhorn Museum and Sculpture Garden, (ii) to loan, exchange, sell, or
otherwise dispose of said works of art, and (iii) to determine policy as
to the method of display of the works of art contained in said museum
and sculpture garden.
(b) Membership; appointment; terms of office; vacancies
The Board of Trustees shall be composed of the Chief Justice of the
United States and the Secretary of the Smithsonian Institution, who
shall serve as ex officio members, and eight general members to be
appointed as follows: Four of the general members first taking office
shall be appointed by the President of the United States from among
nominations submitted by Joseph H. Hirshhorn and four shall be
appointed by the President from among nominations submitted by the Board
of Regents of the Smithsonian Institution. The general members so
appointed by the President shall have terms expiring one each on July 1,
1968, 1969, 1970, 1971, 1972, 1973, 1974, and 1975, as designated by the
President. Successor general members (who may be elected from among
members whose terms have expired) shall serve for a term of six years,
except that a successor chosen to fill a vacancy occurring prior to the
expiration of the term of office of his predecessor shall be chosen only
for the remainder of such term. Vacancies occurring among general
members of the Board of Trustees of the Joseph H. Hirshhorn Museum and
Sculpture Garden shall be filled by a vote of not less than four-fifths
of the then acting members of the Board of Trustees.
(Pub. L. 89-788, 3, Nov. 7, 1966, 80 Stat. 1404.)
20 USC 76dd. Director, administrator, curators, and other personnel;
appointment, compensation, and duties
TITLE 20 -- EDUCATION
The Board of Regents of the Smithsonian Institution may appoint and
fix the compensation and duties of a director and, subject to his
supervision, an administrator and two curators of the Joseph H.
Hirshhorn Museum and Sculpture Garden, none of whose appointment,
compensation, or duties shall be subject to the civil service laws or
chapter 51 and subchapter III of chapter 53 of title 5. The Board of
Regents may employ such other officers and employees as may be necessary
for the efficient administration, operation, and maintenance of the
Joseph H. Hirshhorn Museum and Sculpture Garden.
(Pub. L. 89-788, 4, Nov. 7, 1966, 80 Stat. 1404.)
The civil service laws, referred to in text, are set out in Title 5,
Government Organization and Employees. See, particularly, section 3301
et seq. of Title 5.
''Chapter 51 and subchapter III of chapter 53 of title 5''
substituted in text for ''the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
20 USC 76ee. Authorization of appropriations
TITLE 20 -- EDUCATION
There is authorized to be appropriated not to exceed $15,000,000 for
the planning and construction of the Joseph H. Hirshhorn Museum and
Sculpture Garden, and such additional sums as may be necessary for the
maintenance and operation of such museum and sculpture garden.
(Pub. L. 89-788, 5, Nov. 7, 1966, 80 Stat. 1404.)
20 USC SUBCHAPTER VII -- NATIONAL AIR AND SPACE MUSEUM
TITLE 20 -- EDUCATION
20 USC 77. National Air and Space Museum
TITLE 20 -- EDUCATION
(a) Establishment; board; administration; reimbursement of
expenses
There is hereby established under the Smithsonian Institution a
bureau to be known as a National Air and Space Museum, which shall be
administered by the Smithsonian Institution with the advice of a board
to be composed of the Chief of Staff of the Air Force, or his designee,
the Chief of Naval Operations, or his designee, the Chief of Staff of
the Army, or his designee, the Commandant of the Marine Corps, or his
designee, the Commandant of the Coast Guard, or his designee, the
Administrator of the National Aeronautics and Space Administration, or
his designee, the Administrator of the Federal Aviation Administration,
or his designee, the Secretary of the Smithsonian Institution, and three
citizens of the United States appointed by the President from civilian
life who shall serve at the pleasure of the President. The members of
the board shall serve as such members without compensation but shall be
reimbursed for travel, subsistence, and other necessary expenses
incurred by them in the performance of their duties as members of the
board.
(b) Appointment and compensation of head of museum
The Secretary of the Smithsonian Institution, with the advice of the
board, may appoint and fix the compensation and duties of the head of a
national air and space museum whose appointment shall not be subject to
the civil service laws.
(Aug. 12, 1946, ch. 955, 1, 60 Stat. 997; July 26, 1947, ch. 343,
title II, 208(b), 61 Stat. 503; July 19, 1966, Pub. L. 89-509, pt. I,
2, 3, 80 Stat. 310; Oct. 15, 1966, Pub. L. 89-670, 3(e), 6(c)(1), 80
Stat. 932, 938.)
The civil service laws, referred to in subsec. (b), are set out in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
1966 -- Subsec. (a). Pub. L. 89-509, 2, changed the name of the
museum from the National Air Museum to the National Air and Space
Museum, expanded the advisory board to include additional members
including the Chief of Staff of the Army, the Commandant of the Marine
Corps, the Commandant of the Coast Guard, the Administrator of the
National Aeronautics and Space Administration, the Administrator of the
Federal Aviation Agency, and an additional member appointed from
civilian life to serve at the pleasure of the President, and provided
for reimbursement for travel, subsistence, and other necessary expenses
incurred by them in the performance of their duties as members of the
Board.
Subsec. (b). Pub. L. 89-509, 3, substituted ''national air and space
museum'' for ''national air museum'' and struck out provision that the
salary of the head of the museum shall not be subject to the
Classification Act of 1923, as amended.
Section 1 of Pub. L. 89-509 provided: ''That this Act (amending
this section, sections 77a, 77c, and 77d of this title, and provisions
set out as notes under this section and sections 77b and 77d of this
title, and repealing section 77b of this title) may be cited as 'the
National Air Museum Amendments Act of 1965'.''
''Chief of Staff of the Air Force'' substituted in subsec. (a) for
''Commanding General of the Army Air Forces'' pursuant to act July 26,
1947, ch. 343, title II, 208(b), 61 Stat. 503, which transferred
functions of Commanding General of the Army Air Forces to Chief of
Staff, United States Air Force. Section 208(b) of act July 26, 1947 was
repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.
See sections 8031 and 8034 of Title 10, Armed Forces.
''Federal Aviation Administration'' substituted in subsec. (a) for
''Federal Aviation Agency'' pursuant to Pub. L. 89-670, 3(e),
6(c)(1), Oct. 15, 1966, 80 Stat. 932, 938, which transferred all
functions, powers, and duties of Federal Aviation Agency and of
Administrator and other offices and officers thereof to Secretary of
Transportation and established a Federal Aviation Administration in
Department of Transportation. See section 106 of Title 49,
Transportation.
Section 6 of act Aug. 12, 1946, as amended by section 10 of Pub. L.
89-509, provided that: ''There is hereby authorized to be appropriated
the sum of $50,000 for the purposes of this Act (this subchapter) and
there are hereby authorized to be appropriated annually hereafter such
sums as may be necessary to maintain and administer said national air
and space museum including salaries and all other necessary expenses.''
Section 11 of Pub. L. 89-509 provided that: ''Payments of
compensation heretofore made to the head of the National Air Museum at
rates fixed by the Secretary of the Smithsonian Institution without
regard to the Classification Act of 1949, as amended (chapter 51 and
subchapter III of chapter 53 of Title 5, Government Organization and
Employees) are hereby ratified and affirmed.''
National Armed Forces Museum Advisory Board establishment provisions
as not rescinding National Air Museum provisions, see section 80a of
this title.
20 USC 77a. Functions of museum
TITLE 20 -- EDUCATION
The national air and space museum shall memorialize the national
development of aviation and space flight; collect, preserve, and
display aeronautical and space flight equipment of historical interest
and significance; serve as a repository for scientific equipment and
data pertaining to the development of aviation and space flight; and
provide educational material for the historical study of aviation and
space flight.
(Aug. 12, 1946, ch. 955, 2, 60 Stat. 998; July 19, 1966, Pub. L.
89-509, pt. I, 4, 80 Stat. 310.)
1966 -- Pub. L. 89-509 substituted ''national air and space museum''
for ''national air museum'', inserted ''and space flight'' after
''aviation'' wherever appearing, and substituted ''aeronautical and
space flight equipment'' for ''aeronautical equipment''.
20 USC 77b. Repealed. Pub. L. 89-509, pt. I, 5, July 19, 1966, 80
Stat. 310
TITLE 20 -- EDUCATION
Section, act Aug. 12, 1946, ch. 955, 3, 60 Stat. 998, directed
Secretary of the Smithsonian Institution to investigate and survey
suitable lands and buildings for selection as a site for national air
museum and to make recommendations to Congress.
Drawings and Specifications; Construction;
Authorization and Transfer of Appropriations
Pub. L. 85-935, Sept. 6, 1958, 72 Stat. 1794, as amended by Pub.
L. 89-509, 12, 13, July 19, 1966, 80 Stat. 311, 312, authorized and
directed the Regents of the Smithsonian Institution to prepare plans and
to construct a building for a National Air and Space Museum at a certain
site with the exact location to be approved by the National Capital
Planning Commission and the design to be approved by the Commission of
Fine Arts and with the supervision of the work to be by the
Administrator of the General Services Administration and also
appropriated such sums as were necessary to carry out the work.
20 USC 77c. Museum board
TITLE 20 -- EDUCATION
(a) Seal; regulations; vacancies
The board is authorized to adopt an official seal which shall be
judicially noticed and to make such bylaws, rules, and regulations as it
deems necessary for the administration of its functions. The board may
function notwithstanding vacancies and six members of the board shall
constitute a quorum for the transaction of business.
(b) Annual report
The Smithsonian Institution shall include in its annual report of its
operations to Congress a statement of the operations of said national
air and space museum, including all public and private moneys received
and disbursed.
(Aug. 12, 1946, ch. 955, 4, 60 Stat. 998; July 19, 1966, Pub. L.
89-509, pt. I, 6, 7, 80 Stat. 310, 311.)
1966 -- Subsec. (a). Pub. L. 89-509, 6, raised from three to six
the number of board members required to constitute a quorum.
Subsec. (b). Pub. L. 89-509, 7, substituted ''national air and space
museum'' for ''national air museum''.
20 USC 77d. Transfer or loan of aeronautical or space flight equipment
to museum
TITLE 20 -- EDUCATION
The heads of executive departments and independent agencies of the
Government are authorized to transfer or loan to said national air and
space museum without charge therefor, aircraft, spacecraft, aircraft and
spacecraft parts, instruments, engines, or other aeronautical and space
flight equipment or records for exhibition, historical, or educational
purposes.
(Aug. 12, 1946, ch. 955, 5(a), 60 Stat. 998; July 19, 1966, Pub.
L. 89-509, pt. I, 8, 80 Stat. 311.)
Section consists of subsec. (a) of section 5 of act Aug. 12, 1946.
Subsec. (b) of said section is set out as a note below.
1966 -- Pub. L. 89-509 inserted ''and independent agencies'' after
''departments'', ''and space'' after ''national air'', ''spacecraft,''
after ''aircraft,'', ''and spacecraft'' after ''aircraft'' in phrase
''aircraft parts'', and ''and space flight'' after ''aeronautical''.
Section 5(b) of act Aug. 12, 1946, as amended by section 9 of Pub.
L. 89-509, provided that: ''The Secretary of the Smithsonian
Institution, with the advice of the Commission of Fine Arts, is
authorized (1) to accept as a gift to the Smithsonian Institution from
George H. Stephenson, of Philadelphia, Pennsylvania, a statue of
Brigadier General William L. Mitchell of such character as may be
deemed appropriate, and (2) without expense to the United States, to
cause such statue to be erected at a suitable location on the grounds of
the national air and space museum.''
20 USC SUBCHAPTER VIII -- PALEONTOLOGICAL INVESTIGATIONS
TITLE 20 -- EDUCATION
20 USC 78. Cooperation of Smithsonian Institution with State
institutions for continuing paleontological investigations
TITLE 20 -- EDUCATION
The Secretary of the Smithsonian Institution is authorized to
cooperate with any State, educational institution, or scientific
organization in the United States for continuing paleontological
investigations, and the excavation and preservation of fossil remains,
in areas which will be flooded by the construction of Government dams or
otherwise be made unavailable for such investigations because of such
construction: Provided, That such investigations and activities shall
not duplicate nor affect adversely similar operations being conducted by
the Department of Interior in cooperation with the Smithsonian
Institution.
(Aug. 15, 1949, ch. 427, 1, 63 Stat. 606.)
20 USC 78a. Authorization of appropriations; availability of funds;
limit on use of funds during fiscal year; supervision; rules and
regulations
TITLE 20 -- EDUCATION
There is authorized to be appropriated, out of any money in the
Treasury not otherwise appropriated, the sum of $65,000, which shall be
available until expended for the above purposes: Provided, That at such
time as the Smithsonian Institution is satisfied that any State agency,
or any educational institution or scientific organization in any of the
United States, is prepared to contribute to such investigation and when
in its judgment such investigation shall appear meritorious, the
Secretary of the Smithsonian Institution may make available for such
investigation such amounts from this sum as shall be equal to the
amounts contributed respectively by each such State agency, or
educational institution or scientific organization: Provided further,
That the amount to be made available from this sum for such
investigation in cooperation with each such State agency, or educational
institution or scientific organization, shall not exceed $10,000 in any
fiscal year: Provided further, That all such cooperative work and
division of the result thereof shall be under the direction of the
Secretary of the Smithsonian Institution: Provided further, That where
lands are involved which are controlled by the Government of the United
States, cooperative work thereon shall be under the provisions of the
Act of June 8, 1906 (16 U.S.C. 432, 433), and rules and regulations
pertaining thereto.
(Aug. 15, 1949, ch. 427, 2, 63 Stat. 606.)
20 USC SUBCHAPTER IX -- CANAL ZONE BIOLOGICAL AREA
TITLE 20 -- EDUCATION
20 USC 79. Barro Colorado Island in Gatun Lake to be set aside
TITLE 20 -- EDUCATION
The President is authorized and directed to set aside within the
Canal Zone an area in Gatun Lake known as Barro Colorado Island in which
the natural features shall, except in event of declared national
emergency, be left in their natural state for scientific observation and
investigation.
(July 2, 1940, ch. 516, 1, 54 Stat. 724.)
For definition of Canal Zone, referred to in text, see section
3602(b) of Title 22, Foreign Relations and Intercourse.
Section was formerly classified to section 1381 of Title 48,
Territories and Insular Possessions.
Joint Res. July 25, 1947, ch. 327, 3, 61 Stat. 451, provided that
in the interpretation of this section, the date July 25, 1947, shall be
deemed to be the date of termination of any state of war theretofore
declared by Congress and of the national emergencies proclaimed by the
President on Sept. 8, 1939, and May 27, 1941.
20 USC 79a. Preservation of natural features for scientific
observation and investigation
TITLE 20 -- EDUCATION
The purpose of setting aside such an area is to preserve and conserve
its natural features, including existing flora and fauna, in as nearly a
natural condition as possible, thus providing a place where duly
qualified students can make observations and scientific investigations
for increase of knowledge, under such conditions and regulations as may
be prescribed by the Smithsonian Institution.
(July 2, 1940, ch. 516, 2, 54 Stat. 724; 1946 Reorg. Plan No. 3,
801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)
Section was formerly classified to section 1382 of Title 48,
Territories and Insular Possessions.
''Smithsonian Institution'' substituted in text for ''Board of
Directors of the Canal Zone Biological Area'' by Reorg. Plan No. 3 of
1946, set out in the Appendix to Title 5, Government Organization and
Employees.
20 USC 79b. Functions of Smithsonian Institution
TITLE 20 -- EDUCATION
The Smithsonian Institution shall (a) determine the policy, prescribe
conditions under which studies may be pursued within the area, and
promulgate regulations for carrying out the purposes of this subchapter;
(b) be responsible for the construction and maintenance of laboratory
and other facilities on the area provided for the use of students
authorized to carry on studies within the confines of the area; (c)
deposit into the Treasury of the United States sums donated or
subscribed or collected to be expended for carrying out the purposes of
this subchapter; (d) in its discretion, fixed /1/ charges that may be
made for use of laboratory or other facilities provided students
authorized to make observations and investigations within the prescribed
area and provide for the collection of such sums for deposit into the
Treasury of the United States; (e) make such disposal of any moneys
donated, subscribed, collected, or otherwise provided as in its judgment
is to the best interest in carrying out the purpose of this subchapter:
Provided, That sums contributed or appropriated for specific purposes
shall be used for such purpose only; and (f) include in its annual
report of its operations to Congress a statement of activities and
operations during the preceding year.
(July 2, 1940, ch. 516, 4, 54 Stat. 724; 1946 Reorg. Plan No. 3,
801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101; Oct. 20, 1965,
Pub. L. 89-280, 2, 79 Stat. 1012.)
Section was formerly classified to section 1384 of Title 48,
Territories and Insular Possessions.
1965 -- Pub. L. 89-280 substituted provisions in cl. (f) requiring
the Smithsonian Institution to include in its annual report of its
operations to Congress a statement of activities and operations during
the preceding year for provisions which required the Smithsonian
Institution to submit to the Congress of the United States not later
than the 15th day of each January a report of activities and operations
during the preceding year.
''Smithsonian Institution'' substituted in text for ''Board of
Directors of the Canal Zone Biological Area'' and former clause (a)
which provided for annual meetings of Board was superseded by Reorg.
Plan No. 3 of 1946, set out in the Appendix to Title 5, Government
Organization and Employees.
/1/ So in original. Probably should be ''fix''.
20 USC 79c. Resident manager; powers and duties; compensation
TITLE 20 -- EDUCATION
The Smithsonian Institution may select and designate a resident
manager to assist in carrying out the policy, conditions, and
regulations approved by it in compliance with the purposes of this
subchapter. The resident manager shall receive such compensation for
his services as may be allowed by the Smithsonian Institution.
(July 2, 1940, ch. 516, 5, 54 Stat. 725; 1946 Reorg. Plan No. 3,
801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)
Section was formerly classified to section 1385 of Title 48,
Territories and Insular Possessions.
References to the ''Board of Directors of the Canal Zone Biological
Area'' and its ''executive officer'' changed to ''Smithsonian
Institution'' and provisions for the appointment and compensation of
said executive officer were superseded by Reorg. Plan No. 3 of 1946,
set out in the Appendix to Title 5, Government Organization and
Employees.
20 USC 79d. Deposit of receipts into Treasury; disbursements
TITLE 20 -- EDUCATION
All moneys received by donation, subscription, fees, or otherwise,
except the moneys appropriated pursuant to section 79e of this title,
for carrying out the purposes of this subchapter shall be deposited into
the Treasury as trust funds and are appropriated for such purposes.
Disbursements of such funds shall be made by the Secretary of the
Treasury through the Fiscal Service on requisitions or vouchers signed
by or on authority of the Smithsonian Institution.
(July 2, 1940, ch. 516, 6, 54 Stat. 725; 1940 Reorg. Plan No. III,
1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; 1946 Reorg.
Plan No. 3, 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)
Section was formerly classified to section 1386 of Title 48,
Territories and Insular Possessions.
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees.
''Smithsonian Institution'' substituted in text for ''executive
officer of the Board of Directors of the Canal Zone Biological Area'' by
Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5.
''Fiscal Service'' substituted in text for ''Division of
Disbursement'' on authority of section 1(a)(1) of Reorg. Plan No. III
of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in
the Appendix to Title 5, which consolidated such division into Fiscal
Service of Department of the Treasury. See section 306 of Title 31,
Money and Finance.
20 USC 79e. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated annually, from money in the
Treasury of the United States not otherwise appropriated, such sums as
are necessary for the administration of this subchapter and for the
maintenance of laboratory or other facilities provided for carrying out
the purposes of this subchapter.
(July 2, 1940, ch. 516, 7, 54 Stat. 725; Oct. 20, 1965, Pub. L.
89-280, 1, 79 Stat. 1012; Oct. 19, 1979, Pub. L. 96-89, 1, 93 Stat.
697; July 22, 1983, Pub. L. 98-57, 1, 97 Stat. 293.)
Section was formerly classified to section 1387 of Title 48,
Territories and Insular Possessions.
1983 -- Pub. L. 98-57 struck out '', not to exceed $750,000'' after
''such sums''.
1979 -- Pub. L. 96-89 substituted ''$750,000'' for ''$350,000''.
1965 -- Pub. L. 89-280 substituted ''$350,000'' for ''$10,000''.
Section 2 of Pub. L. 98-57 provided that: ''The provision in the
first section of this Act (amending this section) shall take effect on
October 1, 1983.''
Section 2 of Pub. L. 96-89 provided that: ''The provision in
section 1 of this Act (amending this section) shall take effect on
October 1, 1979.''
20 USC SUBCHAPTER X -- NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD
TITLE 20 -- EDUCATION
20 USC 80. National Armed Forces Museum Advisory Board
TITLE 20 -- EDUCATION
(a) Establishment; functions
There is established in the Smithsonian Institution a National Armed
Forces Museum Advisory Board (hereinafter referred to as the Board),
which shall provide advice and assistance to the Regents of the
Smithsonian Institution on matters concerned with the portrayal of the
contributions which the Armed Forces of the United States have made to
American society and culture.
(b) Membership
The Board shall be composed of eleven members, as follows:
(1) The Secretary of Defense, who shall serve as an ex officio
member;
(2) The Secretary of the Smithsonian Institution, who shall serve as
an ex officio member;
(3) Nine members appointed by the President, (A) three of whom shall
be appointed from persons recommended by the Secretary of Defense to
represent the Armed Forces, and (B) two of whom shall be appointed from
among persons recommended by the Regents of the Smithsonian Institution.
Not less than two members appointed by the President shall be from
civilian life.
(c) Term of office; vacancies
Members of the Board appointed by the President shall be appointed to
serve for a period of six years; except that any member appointed to
fill a vacancy occurring prior to the expiration of the term for which
his predecessor was appointed shall be appointed for the remainder of
such term and the terms of office of the members first appointed shall
expire, as designated by the President at the time of appointment, three
at the end of two years, three at the end of four years, and three at
the end of six years.
(d) Quorum
Five members of the Board shall constitute a quorum and any vacancy
in the Board shall not affect its power to function.
(e) Compensation, travel and other expenses
The members of the Board shall serve without compensation but shall
be reimbursed for travel, subsistence, and other necessary expenses
incurred by them in the performance of their duties as members of the
Board.
(f) Biennial organization; rules and regulations
The Board shall select officers from among its members biennially and
shall make such bylaws, rules, and regulations as it deems necessary for
the furtherance of its business.
(Pub. L. 87-186, 1, Aug. 30, 1961, 75 Stat. 414.)
20 USC 80a. Display of contributions of Armed Forces
TITLE 20 -- EDUCATION
(a) Study center; historical collections
The Smithsonian Institution shall commemorate and display the
contributions made by the military forces of the Nation toward creating,
developing, and maintaining a free, peaceful, and independent society
and culture in the United States of America. The valor and sacrificial
service of the men and women of the Armed Forces shall be portrayed as
an inspiration to the present and future generations of America. The
demands placed upon the full energies of our people, the hardships
endured, and the sacrifice demanded in our constant search for world
peace shall be clearly demonstrated. The extensive peacetime
contributions the Armed Forces have made to the advance of human
knowledge in science, nuclear energy, polar and space exploration,
electronics, engineering, aeronautics, and medicine shall be graphically
described. The Smithsonian Institution shall interpret through dramatic
display significant current problems affecting the Nation's security.
It shall be equipped with a study center for scholarly research into the
meaning of war, its effect on civilization, and the role of the Armed
Forces in maintaining a just and lasting peace by providing a powerful
deterrent to war. In fulfilling its purposes, the Smithsonian
Institution shall collect, preserve, and exhibit military objects of
historical interest and significance.
(b) National Air and Space Museum provisions unaffected
The provisions of this subchapter in no way rescind subchapter VII of
this chapter, which established the National Air and Space Museum of the
Smithsonian Institution, or any other authority of the Smithsonian
Institution.
(Pub. L. 87-186, 2, Aug. 30, 1961, 75 Stat. 414; Pub. L. 89-509,
pt. I, 2, July 19, 1966, 80 Stat. 310.)
''National Air and Space Museum'' substituted for ''National Air
Museum'' in subsec. (b) pursuant to section 2 of Pub. L. 89-509, which
is classified to section 77 of this title.
20 USC 80b. Selection of site
TITLE 20 -- EDUCATION
(a) Authorization of Board of Regents; submission of recommendations
to Congress
The Board of Regents of the Smithsonian Institution is authorized and
directed, with the advice and assistance of the Board, to investigate
and survey lands and buildings in and near the District of Columbia
suitable for the display of military collections. The Board of Regents
of the Smithsonian Institution shall, after consulting with and seeking
the advice of the Commission on Fine Arts, the National Capital Planning
Commission, and the General Services Administration, submit
recommendations to the Congress with respect to the acquisition of lands
and buildings for such purpose.
(b) Public exhibits and study collections; exhibits of military and
naval operations
Buildings acquired pursuant to recommendations made under subsection
(a) of this section shall be used to house public exhibits and study
collections that are not appropriate for the military exhibits of the
Smithsonian Institution on the Mall in the District of Columbia.
Facilities shall be provided for the display of large military objects
and for the reconstruction, in an appropriate way, on lands acquired
pursuant to recommendations made under subsection (a) of this section,
of exhibits showing the nature of fortifications, trenches, and other
military and naval facilities characteristic of the American colonial
period, the War of the Revolution, and subsequent American military and
naval operations.
(Pub. L. 87-186, 3, Aug. 30, 1961, 75 Stat. 415.)
20 USC 80c. Transfer or loan of objects, equipment and records to
Smithsonian Institution
TITLE 20 -- EDUCATION
The heads of executive departments and independent agencies of the
Government are authorized to transfer or loan to the Smithsonian
Institution for its use without charge therefor military, naval,
aeronautical, and space objects, equipment and records for exhibition,
historical, or other appropriate purposes.
(Pub. L. 87-186, 4, Aug. 30, 1961, 75 Stat. 415.)
20 USC 80d. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated to the Smithsonian
Institution such sums as may be necessary for the purposes of this
subchapter.
(Pub. L. 87-186, 5, Aug. 30, 1961, 75 Stat. 415.)
20 USC 80e. Congressional declaration of policy
TITLE 20 -- EDUCATION
The Congress hereby finds and declares --
(1) that a living institution expressing the ideals and concerns of
Woodrow Wilson would be an appropriate memorial to his accomplishments
as the twenty-eighth President of the United States, a distinguished
scholar, an outstanding university president, and a brilliant advocate
of international understanding;
(2) that the Woodrow Wilson Memorial Commission, created by joint
resolution of Congress, recommended that an International Center for
Scholars be constructed in the District of Columbia in the area north of
the proposed Market Square as part of the Nation's memorial to Woodrow
Wilson;
(3) that such a center, symbolizing and strengthening the fruitful
relation between the world of learning and the world of public affairs,
would be a suitable memorial to the spirit of Woodrow Wilson; and
(4) that the establishment of such a center would be consonant with
the purposes of the Smithsonian Institution, created by Congress in 1846
''for the increase and diffusion of knowledge among men.''
(Pub. L. 90-637, 2, Oct. 24, 1968, 82 Stat. 1357.)
Section 1 of Pub. L. 90-637 provided: ''That this Act (enacting
this subchapter) may be cited as the 'Woodrow Wilson Memorial Act of
1968'.''
20 USC 80f. Woodrow Wilson International Center for Scholars; Board
of Trustees of the Center
TITLE 20 -- EDUCATION
(a) Establishment
There is hereby established in the Smithsonian Institution a Woodrow
Wilson International Center for Scholars and a Board of Trustees of the
Center (hereinafter referred to as the ''Center'' and the ''Board''),
whose duties it shall be to maintain and administer the Center and site
thereof and to execute such other functions as are vested in the Board
by this subchapter.
(b) Composition of Board
The Board of Trustees shall be composed of 19 members as follows:
(1) the Secretary of State;
(2) the Secretary of Health and Human Services;
(3) the Secretary of Education;
(4) the Chairman of the National Endowment for the Humanities;
(5) the Secretary of the Smithsonian Institution;
(6) the Librarian of Congress;
(7) the Director of the United States Information Agency;
(8) the Archivist of the United States;
(9) one member appointed by the President from time to time from
within the Federal Government; and
(10) 10 members appointed by the President from private life.
(c) Appointment of alternate members by members of Board
Each member of the Board of Trustees specified in paragraphs (1)
through (9) of subsection (b) of this section may designate another
official to serve on the Board of Trustees in his stead.
(d) Terms of office; vacancies; reappointment
Each member of the Board of Trustees appointed under paragraph (10)
of subsection (b) of this section shall serve for a term of six years
from the expiration of his predecessor's term; except that (1) any
trustee appointed to fill a vacancy occurring prior to the expiration of
the term for which his predecessor was appointed shall be appointed for
the remainder of such term, and (2) the terms of office of the trustees
first taking office shall begin on October 24, 1968, and shall expire as
designated at the time of appointment, two at the end of two years,
three at the end of four years, and three at the end of six years. No
trustee of the Board chosen from private life shall be eligible to serve
in excess of two consecutive terms, except that a trustee whose term has
expired may serve until his successor has qualified.
(e) Chairman and Vice Chairman of Board
The President shall designate a Chairman and a Vice Chairman from
among the members of the Board chosen from private life.
(Pub. L. 90-637, 3, Oct. 24, 1968, 82 Stat. 1357; Pub. L. 95-426,
title II, 206, Oct. 7, 1978, 92 Stat. 975; Pub. L. 101-268, Apr. 9,
1990, 104 Stat. 132.)
1990 -- Subsec. (b). Pub. L. 101-268, 1, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''The
Board of Trustees shall be composed of sixteen members as follows:
''(1) the Secretary of State;
''(2) the Director of the United States Information Agency;
''(3) the Secretary of Health and Human Services;
''(4) the Chairman of the National Endowment for the Humanities;
''(5) the Secretary of the Smithsonian Institution;
''(6) the Librarian of Congress;
''(7) the Archivist of the United States;
''(8) one appointed by the President from time to time from within
the Federal Government; and
''(9) eight appointed by the President from private life.''
Subsec. (c). Pub. L. 101-268, 2(1), substituted ''(9)'' for ''(8)''.
Subsec. (d). Pub. L. 101-268, 2(2), substituted ''(10)'' for
''(9)''.
1978 -- Subsec. (b). Pub. L. 95-426, 206(a)(1), substituted
''sixteen'' for ''fifteen''.
Subsec. (b)(2) to (9). Pub. L. 95-426, 206(a)(2), (3), designated
pars. (2) to (8) as (3) to (9), respectively, and added a new par. (2)
''the Director of the International Communication Agency''.
Subsec. (c). Pub. L. 95-426, 206(b)(1), substituted ''(8)'' for
''(7)''.
Subsec. (d). Pub. L. 95-426, 206(b)(2), substituted ''(9)'' for
''(8)''.
20 USC 80g. Powers and duties of Board
TITLE 20 -- EDUCATION
(a) Appointment of scholars; gifts, bequests, etc.; grants;
location of Center; physical facilities; compensation of officers;
plans and specifications for Center
In administering the Center, the Board shall have all necessary and
proper powers, which shall include but not be limited to the power to --
(1) appoint scholars, from the United States and abroad, and, where
appropriate, provide stipends, grants, and fellowships to such scholars,
and to hire or accept the voluntary services of consultants, advisory
boards, and panels to aid the Board in carrying out its
responsibilities;
(2) solicit, accept, and dispose of gifts, bequests, and devises of
money, securities, and other property of whatsoever character for the
benefit of the Center; any such money, securities, or other property
shall, upon receipt, be deposited with the Smithsonian Institution, and
unless otherwise restricted by the terms of the gift, expenditures shall
be in the discretion of the Board for the purposes of the Center;
(3) obtain grants from, and make contracts with, State, Federal,
local, and private agencies, organizations, institutions, and
individuals;
(4) acquire such site as a location for the Center as may
subsequently be authorized by the Congress;
(5) acquire, hold, maintain, use, operate, and dispose of any
physical facilities, including equipment, necessary for the operation of
the Center;
(6) appoint and fix the compensation and duties of the director and
such other officers of the Center as may be necessary for the efficient
administration of the Center; the director and two other officers of
the Center may be appointed and compensated without regard to the
provisions of title 5 governing appointments in the competitive service
and chapter 51 and subchapter III of chapter 53 of title 5; and
(7) prepare plans and specifications for the Center, including the
design and development of all buildings, facilities, open spaces, and
other structures on the site in consultation with the President's
Temporary Commission on Pennsylvania Avenue, or its successor, and with
other appropriate Federal and local agencies, such plans to include an
exterior classic frieze memorial to Woodrow Wilson.
(b) Relocation assistance and programs
The Board shall, in connection with acquisition of any site
authorized by Congress, as provided for in paragraph (4) of subsection
(a) of this section, provide, to businesses and residents displaced from
any such site, relocation assistance, including payments and other
benefits, equivalent to that authorized to displace businesses and
residents under the Housing Act of 1949, as amended (42 U.S.C. 1441 et
seq.). The Board shall develop a relocation program for existing
businesses and residents within the site and submit such program to the
government of the District of Columbia for a determination as to its
adequacy and feasibility. In providing such relocation assistance and
developing such relocation program the Board shall utilize to the
maximum extent the services and facilities of the appropriate Federal
and local agencies.
(Pub. L. 90-637, 4, Oct. 24, 1968, 82 Stat. 1358; Pub. L. 95-286,
2, May 26, 1978, 92 Stat. 279.)
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (a)(6), are classified to section 3301
et seq. of Title 5, Government Organization and Employees.
The Housing Act of 1949, as amended, referred to in subsec. (b), is
act July 15, 1949, ch. 338, 63 Stat. 413, as amended, which is
classified principally to chapter 8A ( 1441 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 1441 of Title 42
and Tables.
1978 -- Subsec. (a)(2). Pub. L. 95-286 substituted ''devises'' for
''devices''.
20 USC 80g-1. Hubert H. Humphrey Fellowship in Social and Political
Thought
TITLE 20 -- EDUCATION
(a) Establishment in Center
There is hereby established in the Center a Hubert H. Humphrey
Fellowship in Social and Political Thought.
(b) Selection of Humphrey Fellow; term; compensation
Each year the Board shall select a distinguished scholar, statesman,
or cultural figure, from the United States or abroad, to serve at the
Center for a period of up to one year as the Hubert H. Humphrey Fellow
in Social and Political Thought (hereinafter in this section referred to
as the ''Humphrey Fellow''). Each Humphrey Fellow shall receive
compensation in an amount, determined by the Board, not to exceed the
annual income of the trust fund established under subsection (d) of this
section.
(c) Functions of Humphrey Fellow; publication and dissemination by
Board of Memorial Lectures
Each Humphrey Fellow shall --
(1) deliver a Hubert H. Humphrey Memorial Lecture; and
(2) carry out such projects and work as are consistent with the
Humphrey Fellowship.
The Board shall provide for the publication and dissemination of the
Hubert H. Humphrey Memorial Lectures.
(d) Hubert H. Humphrey Fellowship Trust Fund; establishment,
composition, investments, etc.
(1) There is hereby established in the Treasury of the United States
a trust fund to be known as the Hubert H. Humphrey Fellowship Trust
Fund (hereinafter in this section referred to as the ''fund''). The
Secretary of the Treasury shall deposit in the fund such sums as may be
appropriated to the fund under subsection (f) of this section and shall
receive into the Treasury and deposit into the fund such sums as may be
received as contributions to the fund.
(2) The Secretary of the Treasury shall invest amounts in the fund in
public debt securities with maturities suitable for the needs of the
fund and bearing interest at prevailing market rates; and the interest
on such investments shall be credited to and form a part of the fund.
(3) Notwithstanding section 80g(a)(2) of this title any gift,
bequest, or devise of money, securities or other property for the
benefit of the Hubert H. Humphrey Fellowship in Social and Political
Thought received by the Board shall, upon receipt, be deposited into the
fund as provided by paragraph (1).
(e) Payments to Board from investments for implementation of
Fellowship purposes
The Secretary of the Treasury shall pay to the Board from amounts
received as interest on investments under subsection (d)(2) of this
section such sums as the Board determines are necessary and appropriate
for the purposes of the Humphrey Fellowship.
(f) Authorization of appropriations
There is authorized to be appropriated to the fund for the fiscal
year beginning October 1, 1978, $1,000,000.
(Pub. L. 90-637, 5, as added Pub. L. 95-286, 1(2), May 26, 1978, 92
Stat. 278.)
20 USC 80h. Administration; quorum
TITLE 20 -- EDUCATION
The Board is authorized to adopt an official seal which shall be
judicially noticed and to make such bylaws, rules, and regulations as it
deems necessary for the administration of its functions under this
subchapter, including, among other matters, bylaws, rules, and
regulations relating to the administration of its trust funds and the
organization and procedure of the Board. A majority of the members of
the Board shall constitute a quorum for the transaction of business.
(Pub. L. 90-637, 6, formerly 5, Oct. 24, 1968, 82 Stat. 1359,
renumbered Pub. L. 95-286, 1(1), May 26, 1978, 92 Stat. 278.)
20 USC 80i. Authorization of appropriations; limitations
TITLE 20 -- EDUCATION
There are hereby authorized to be appropriated to the Board such
funds as may be necessary to carry out the purposes of this subchapter:
Provided, That no more than $200,000 shall be authorized for
appropriation through fiscal year 1970 and no part of that appropriation
shall be available for construction purposes.
(Pub. L. 90-637, 7, formerly 6, Oct. 24, 1968, 82 Stat. 1359,
renumbered Pub. L. 95-286, 1(1), May 26, 1978, 92 Stat. 278.)
20 USC 80j. Audit of accounts
TITLE 20 -- EDUCATION
The accounts of the Board shall be audited in accordance with the
principles and procedures applicable to, and as part of, the audit of
the other Federal and trust funds of the Smithsonian Institution.
(Pub. L. 90-637, 8, formerly 7, Oct. 24, 1968, 82 Stat. 1359,
renumbered Pub. L. 95-286, 1(1), May 26, 1978, 92 Stat. 278.)
20 USC SUBCHAPTER XII -- MUSEUM OF AFRICAN ART
TITLE 20 -- EDUCATION
20 USC 80k. Donation and transfer of lands and improvements, works of
art, and other assets and property of Museum of African Art to
Smithsonian Institution
TITLE 20 -- EDUCATION
The Board of Regents of the Smithsonian Institution (hereinafter in
this subchapter referred to as the ''Board'') is authorized to accept a
deed or other instrument donating and transferring to the Smithsonian
Institution, the land and improvements thereto, collections of works of
art, and all other assets and property of the Museum of African Art.
(Pub. L. 95-414, 1, Oct. 5, 1978, 92 Stat. 911.)
Section 7 of Pub. L. 95-414 provided that: ''Except for the
provisions in sections 1 and 6(b) (sections 80k and 80p(b) of this
title), the provisions of this Act (this subchapter) shall take effect
on the date of transfer of a deed or other instrument under the
provisions of section 1 (this section).''
20 USC 80l. Establishment of Museum of African Art; functions
TITLE 20 -- EDUCATION
There is established in the Smithsonian Institution a bureau which
shall be known as the ''Museum of African Art'' (hereinafter in this
subchapter referred to as the ''Museum''). The functions of such bureau
shall be those authorized by section 80m(a) of this title.
(Pub. L. 95-414, 2, Oct. 5, 1978, 92 Stat. 911.)
Regents of Smithsonian Institution authorized to construct building
for National Museum of African Art, see Pub. L. 97-203, June 24, 1982,
96 Stat. 129, set out as a note under section 50 of this title.
20 USC 80m. Powers of Board
TITLE 20 -- EDUCATION
(a) Acquisition, retention, and disposition of property; research
and education programs
For the purpose of carrying out sections 80k and 80l of this title,
the Board may --
(1) purchase, accept, borrow, or otherwise acquire additional works
of art or any other real or personal property for the Museum;
(2) preserve, maintain, restore, display, loan, transfer, store, or
otherwise hold any property of whatsoever nature acquired pursuant to
section 80k of this title or paragraph (1) of this subsection;
(3) conduct programs of research and education; and
(4) subject to any limitations otherwise expressly provided by law,
and, in the case of any gift, subject to any applicable restrictions
under the terms of such gift, sell, exchange, or otherwise dispose of
any property of whatsoever nature acquired pursuant to the provisions of
this subchapter: Provided, That the proceeds from the sale of any
property acquired pursuant to section 80k of this title shall be
designated for the benefit of the Museum.
(b) Recommendations of Commission
In carrying out the purposes of this subchapter, the Board shall
consider the recommendations of the Commission established pursuant to
section 80n of this title.
(Pub. L. 95-414, 3, Oct. 5, 1978, 92 Stat. 911.)
20 USC 80n. Commission for the Museum of African Art
TITLE 20 -- EDUCATION
(a) Establishment; duties
There is established a Commission for the Museum of African Art
(hereinafter the ''Commission'') which shall provide advice and
assistance to the Board concerning the operation and development of the
Museum, its collections and programs.
(b) Membership
The Commission shall consist of fifteen members to be appointed by
the Board. In addition, the Secretary and an Assistant Secretary of the
Smithsonian Institution shall serve as ex officio members. The Board
shall appoint to the first term on the Commission no less than ten
members of the Board of Trustees of the Museum of African Art who are
serving on October 5, 1978. Each initial member so appointed shall
serve for a three-year term. Thereafter, in appointing members of the
Commission the Board shall continue to include representatives of
African descendants in the United States, collectors of African Art, and
scholars in the fields of African art and culture.
(c) Terms of office
Members of the Commission shall be appointed to serve for a
three-year term, except that after the appointment of the first term of
the Commission as specified in subsection (b) of this section, the terms
of office of members next appointed shall expire, as designated by the
Board at the time of appointment, one-third at the end of one year,
one-third at the end of two years, and one-third at the end of three
years. Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term. Members may be reappointed.
(d) Quorum; vacancies
A majority of the appointed members of the Commission shall
constitute a quorum and any vacancy in the Commission shall not affect
its power to function.
(e) Travel, subsistence, and other expenses
Members of the Commission shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in the
performance of their duties.
(f) Selection of officers; bylaws
The Commission shall select officers, from among its members
biennially and shall make bylaws to carry out its functions under this
subchapter.
(Pub. L. 95-414, 4, Oct. 5, 1978, 92 Stat. 911.)
20 USC 80o. Director, officers, and employees; appointment,
compensation, and duties
TITLE 20 -- EDUCATION
The Board may appoint and fix the compensation and duties of the
Director and such other officers and employees of the Museum as may be
necessary for the efficient administration, operation, and maintenance
of the Museum; the Director and two other employees of the Museum may
be appointed and compensated without regard to the provisions of title 5
governing appointments in the competitive service and chapter 51 and
subchapter III of chapter 53 of title 5; and all of the employees of
the Museum who are serving on the date of the transfer authorized under
section 80k of this title shall be offered employment by the Smithsonian
under its usual terms of employment and may be appointed without regard
to the provisions of title 5 governing appointments in the competitive
service and chapter 51 and subchapter III of chapter 53 of title 5.
(Pub. L. 95-414, 5, Oct. 5, 1978, 92 Stat. 912.)
Provisions of title 5 governing appointments in the competitive
service, referred to in text, are classified generally to section 3301
et seq. of Title 5, Government Organization and Employees.
20 USC 80p. Funding
TITLE 20 -- EDUCATION
(a) Federal funds for Museum
The faith of the United States is pledged that upon the completion of
the acquisition in section 80k of this title, the United States will
provide such funds as may be necessary for the upkeep of the Museum and
the administrative expenses and costs of operation thereof, including
the protection and care of works of art acquired by the Board, so the
Museum shall at all times be properly maintained and works of art
contained therein shall be exhibited regularly to the general public
free of charge.
(b) Authorization of appropriations
There is authorized to be appropriated for the first fiscal year
under this subchapter, the sum of $1,000,000 and such amounts as may be
necessary for the succeeding fiscal years in order to carry out the
provisions of this subchapter.
(Pub. L. 95-414, 6, Oct. 5, 1978, 92 Stat. 912.)
Section effective, except for the provisions in subsec. (b) of this
section, on the date of transfer of a deed or other instrument under the
provisions of section 80k of this title, see section 7 of Pub. L.
95-414, set out as a note under section 80k of this title.
20 USC SUBCHAPTER XIII -- NATIONAL MUSEUM OF THE AMERICAN INDIAN
TITLE 20 -- EDUCATION
20 USC 80q. Findings
TITLE 20 -- EDUCATION
The Congress finds that --
(1) there is no national museum devoted exclusively to the history
and art of cultures indigenous to the Americas;
(2) although the Smithsonian Institution sponsors extensive Native
American programs, none of its 19 museums, galleries, and major research
facilities is devoted exclusively to Native American history and art;
(3) the Heye Museum in New York, New York, one of the largest Native
American collections in the world, has more than 1,000,000 art objects
and artifacts and a library of 40,000 volumes relating to the
archaeology, ethnology, and history of Native American peoples;
(4) the Heye Museum is housed in facilities with a total area of
90,000 square feet, but requires a minimum of 400,000 square feet for
exhibition, storage, and scholarly research;
(5) the bringing together of the Heye Museum collection and the
Native American collection of the Smithsonian Institution would --
(A) create a national institution with unrivaled capability for
exhibition and research;
(B) give all Americans the opportunity to learn of the cultural
legacy, historic grandeur, and contemporary culture of Native Americans;
(C) provide facilities for scholarly meetings and the performing
arts;
(D) make available curatorial and other learning opportunities for
Indians; and
(E) make possible traveling exhibitions to communities throughout the
Nation;
(6) by order of the Surgeon General of the Army, approximately 4,000
Indian human remains from battlefields and burial sites were sent to the
Army Medical Museum and were later transferred to the Smithsonian
Institution;
(7) through archaeological excavations, individual donations, and
museum donations, the Smithsonian Institution has acquired approximately
14,000 additional Indian human remains;
(8) the human remains referred to in paragraphs (6) and (7) have long
been a matter of concern for many Indian tribes, including Alaska Native
Villages, and Native Hawaiian communities which are determined to
provide an appropriate resting place for their ancestors;
(9) identification of the origins of such human remains is essential
to addressing that concern; and
(10) an extraordinary site on the National Mall in the District of
Columbia (U.S. Government Reservation No. 6) is reserved for the use of
the Smithsonian Institution and is available for construction of the
National Museum of the American Indian.
(Pub. L. 101-185, 2, Nov. 28, 1989, 103 Stat. 1336.)
Section 1 of Pub. L. 101-185 provided that: ''This Act (enacting
this subchapter) may be cited as the 'National Museum of the American
Indian Act'.''
20 USC 80q-1. National Museum of the American Indian
TITLE 20 -- EDUCATION
(a) Establishment
There is established, within the Smithsonian Institution, a living
memorial to Native Americans and their traditions which shall be known
as the ''National Museum of the American Indian''.
(b) Purposes
The purposes of the National Museum are to --
(1) advance the study of Native Americans, including the study of
language, literature, history, art, anthropology, and life;
(2) collect, preserve, and exhibit Native American objects of
artistic, historical, literary, anthropological, and scientific
interest;
(3) provide for Native American research and study programs; and
(4) provide for the means of carrying out paragraphs (1), (2), and
(3) in the District of Columbia, the State of New York, and other
appropriate locations.
(Pub. L. 101-185, 3, Nov. 28, 1989, 103 Stat. 1337.)
20 USC 80q-2. Authority of Board of Regents to enter into agreement
providing for transfer of Heye Foundation assets to Smithsonian
Institution
TITLE 20 -- EDUCATION
The Board of Regents is authorized to enter into an agreement with
the Heye Foundation, to provide for the transfer to the Smithsonian
Institution of title to the Heye Foundation assets. The agreement shall
--
(1) require that the use of the assets be consistent with section
80q-1(b) of this title; and
(2) be governed by, and construed in accordance with, the law of the
State of New York.
The United States District Court for the Southern District of New
York shall have original and exclusive jurisdiction over any cause of
action arising under the agreement.
(Pub. L. 101-185, 4, Nov. 28, 1989, 103 Stat. 1337.)
20 USC 80q-3. Board of Trustees of National Museum of the American
Indian
TITLE 20 -- EDUCATION
(a) In general
The National Museum shall be under a Board of Trustees with the
duties, powers, and authority specified in this section.
(b) General duties and powers
The Board of Trustees shall --
(1) recommend annual operating budgets for the National Museum to the
Board of Regents;
(2) advise and assist the Board of Regents on all matters relating to
the administration, operation, maintenance, and preservation of the
National Museum;
(3) adopt bylaws for the Board of Trustees;
(4) designate a chairman and other officers from among the members of
the Board of trustees; /1/ and
(5) report annually to the Board of Regents on the acquisition,
disposition, and display of Native American objects and artifacts and on
other appropriate matters.
(c) Sole authority
Subject to the general policies of the Board of Regents, the Board of
Trustees shall have the sole authority to --
(1) lend, exchange, sell, or otherwise dispose of any part of the
collections of the National Museum, with the proceeds of such
transactions to be used for additions to the collections of the National
Museum or additions to the endowment of the National Museum, as the case
may be;
(2) purchase, accept, borrow, or otherwise acquire artifacts and
other objects for addition to the collections of the Natural Museum;
and
(3) specify criteria for use of the collections of the National
Museum for appropriate purposes, including research, evaluation,
education, and method of display.
(d) Authority
Subject to the general policies of the Board of Regents, the Board of
Trustees shall have authority to --
(1) provide for restoration, preservation, and maintenance of the
collections of the National Museum;
(2) solicit funds for the National Museum and determine the purposes
to which such funds shall be applied; and
(3) approve expenditures from the endowment of the National Museum
for any purpose of the Museum.
(e) Initial appointments to Board of Trustees
(1) Membership
The initial membership of the Board of Trustees shall consist of --
(A) the Secretary of the Smithsonian Institution;
(B) an Assistant Secretary of the Smithsonian Institution appointed
by the Board of Regents;
(C) 8 individuals appointed by the Board of Regents; and
(D) 15 individuals, each of whom shall be a member of the board of
trustees of the Heye Museum, appointed by the Board of Regents from a
list of nominees recommended by the board of trustees of the Heye
Museum.
(2) Special rule
At least 7 of the 23 members appointed under subparagraphs (C) and
(D) of paragraph (1) shall be Indians.
(3) Terms
The trustee appointed under paragraph (1)(B) shall serve at the
pleasure of the Board of Regents. The terms of the trustees appointed
under subparagraph (C) or (D) of paragraph (1) shall be 3 years,
beginning on the date of the transfer of the Heye Foundation assets to
the Smithsonian Institution.
(4) Vacancies
Any vacancy shall be filled only for the remainder of the term
involved. Any vacancy appointment under paragraph (1)(D) shall not be
subject to the source and recommendation requirements of that paragraph,
but shall be subject to paragraph (2).
(f) Subsequent appointments to Board of Trustees
(1) Membership
Upon the expiration of the terms under subsection (e) of this
section, the Board of Trustees shall consist of --
(A) the Secretary of the Smithsonian Institution;
(B) an Assistant Secretary of the Smithsonian Institution appointed
by the Board of Regents; and
(C) 23 individuals appointed by the Board of Regents from a list of
nominees recommended by the Board of Trustees.
(2) Special rule
A /2/ least 12 of the 23 members appointed under paragraph (1)(C)
shall be Indians.
(3) Terms
The trustee appointed under paragraph (1)(B) shall serve at the
pleasure of the Board of Regents. Except as otherwise provided in the
next sentence, the terms of members appointed under paragraph (1)(C)
shall be 3 years. Of the members first appointed under paragraph (1)(C)
--
(A) 7 members, 4 of whom shall be Indians, shall be appointed for a
term of one year, as designated at the time of appointment; and
(B) 8 members, 4 of whom shall be Indians, shall be appointed for a
term of 2 years, as designated at the time of appointment.
(4) Vacancies
Any vacancy shall be filled only for the remainder of the term
involved.
(g) Quorum
A majority of the members of the Board of Trustees then in office
shall constitute a quorum.
(h) Expenses
Members of the Board shall be entitled (to the same extent as
provided in section 5703 of title 5 with respect to employees serving
intermittently in the Government service) to per diem, travel, and
transportation expenses for each day (including travel time) during
which they are engaged in the performance of their duties.
(Pub. L. 101-185, 5, Nov. 28, 1989, 103 Stat. 1337.)
/1/ So in original. Probably should be capitalized.
/2/ So in original. Probably should be ''At''.
20 USC 80q-4. Director and staff of National Museum
TITLE 20 -- EDUCATION
(a) In general
The Secretary of the Smithsonian Institution shall appoint --
(1) a Director who, subject to the policies of the Board of Trustees,
shall manage the National Museum; and
(2) other employees of the National Museum, to serve under the
Director.
(b) Offer of employment to Heye Foundation employees
Each employee of the Heye Museum on the day before the date of the
transfer of the Heye Foundation assets to the Smithsonian Institution
shall be offered employment with the Smithsonian Institution --
(1) under the usual terms of such employment; and
(2) at a rate of pay not less than the rate applicable to the
employee on the day before the date of the transfer.
(c) Applicability of certain civil service laws
The Secretary may --
(1) appoint the Director, 2 employees under subsection (a)(2) of this
section, and the employees under subsection (b) of this section without
regard to the provisions of title 5, governing appointments in the
competitive service;
(2) fix the pay of the Director and such 2 employees without regard
to the provisions of chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay rates; and
(3) fix the pay of the employees under subsection (b) of this section
in accordance with the provisions of chapter 51 and subchapter III of
chapter 53 of such title, relating to classification and General
Schedule pay rates, subject to subsection (b)(2) of this section.
(Pub. L. 101-185, 6, Nov. 28, 1989, 103 Stat. 1339.)
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (c)(1), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
20 USC 80q-5. Museum facilities
TITLE 20 -- EDUCATION
(a) National Museum mall facility
The Board of Regents shall plan, design, and construct a facility on
the area bounded by Third Street, Maryland Avenue, Independence Avenue,
Fourth Street, and Jefferson Drive, Southwest, in the District of
Columbia to house the portion of the National Museum to be located in
the District of Columbia. The Board of Regents shall pay not more than
2/3 of the total cost of planning, designing, and constructing the
facility from funds appropriated to the Board of Regents. The remainder
of the costs shall be paid from non-Federal sources.
(b) National Museum Heye Center facility
(1) Lease of space from GSA
(A) Terms
Notwithstanding section 490(j) of title 40, the Administrator of
General Services may lease, at a nominal charge, to the Smithsonian
Institution space in the Old United States Custom House at One Bowling
Green, New York, New York, to house the portion of the National Museum
to be located in the city of New York. The lease shall be subject to
such terms as may be mutually agreed upon by the Administrator and the
Secretary of the Smithsonian Institution. The term of the lease shall
not be less than 99 years.
(B) Reimbursement of Federal buildings fund
The Administrator of General Services may reimburse the fund
established by section 490(f) of title 40 for the difference between the
amount charged to the Smithsonian Institution for leasing space under
this paragraph and the commercial charge under section 490(j) of title
40 which, but for this paragraph, would apply to the leasing of such
space. There are authorized to be appropriated to the Administrator
such sums as may be necessary to carry out this subparagraph for fiscal
years beginning after September 30, 1990.
(2) Construction
(A) Museum facility
The Board of Regents shall plan, design, and construct a significant
facility for the National Museum in the space leased under paragraph
(1).
(B) Auditorium and loading dock facility
The Administrator of General Services shall plan, design, and
construct an auditorium and loading dock in the Old United States Custom
House at One Bowling Green, New York, New York, for the shared use of
all the occupants of the building, including the National Museum.
(C) Square footage
The facilities to be constructed under this paragraph shall have, in
the aggregate, a total square footage of approximately 82,500 square
feet.
(3) Repairs and alterations
After construction of the facility under paragraph (2)(A), repairs
and alterations of the facility shall be the responsibility of the Board
of Regents.
(4) Reimbursement of GSA
The Board of Regents shall reimburse the Administrator for the
Smithsonian Institution's pro rata share of the cost of utilities,
maintenance, cleaning, and other services incurred with respect to the
space leased under paragraph (1) and the full cost of any repairs or
alterations made by the General Services Administration at the request
of the Smithsonian Institution with respect to the space.
(5) Cost sharing
(A) General rules
The Board of Regents shall pay 1/3 of the costs of planning,
designing, and constructing the facility under paragraph (2)(A) from
funds appropriated to the Board of Regents. The remainder of the costs
shall be paid from non-Federal sources.
(B) Responsibilities of New York City and State
Of the costs which are required to be paid from non-Federal sources
under this paragraph, the city of New York, New York, and the State of
New York have each agreed to pay $8,000,000 or an amount equal to 1/3 of
the costs of planning, designing, and constructing the facility under
paragraph (2)(A), whichever is less. Such payments shall be made to the
Board of Regents in accordance with a payment schedule to be agreed upon
by the city and State and the Board of Regents.
(C) Limitation on obligations of Federal funds
Federal funds may not be obligated for actual construction of a
facility under paragraph (2)(A) in a fiscal year until non-Federal
sources have paid to the Board of Regents the non-Federal share of such
costs which the Board of Regents estimates will be incurred in such
year.
(6) Designation
The facility to be constructed under paragraph (2)(A) shall be known
and designated as the ''George Gustav Heye Center of the National Museum
of the American Indian''.
(c) Museum Support Center facility
The Board of Regents shall plan, design, and construct a facility for
the conservation and storage of the collections of the National Museum
at the Museum Support Center of the Smithsonian Institution.
(d) Minimum square footage
The facilities to be constructed under this section shall have, in
the aggregate, a total square footage of at least 400,000 square feet.
(e) Authority to contract with GSA
The Board of Regents and the Administrator of General Services may
enter into such agreements as may be necessary for planning, designing,
and constructing facilities under this section (other than subsection
(b)(2)(B)). Under such agreements, the Board of Regents shall transfer
to the Administrator, from funds available for planning, designing, and
constructing such facilities, such amounts as may be necessary for
expenses of the General Services Administration with respect to
planning, designing, and constructing such facilities.
(f) Limitation on obligation of Federal funds
Notwithstanding any other provision of this subchapter, funds
appropriated for carrying out this section may not be obligated for
actual construction of any facility under this section until the 60th
day after the date on which the Board of Regents transmits to Congress a
written analysis of the total estimated cost of the construction and a
cost-sharing plan projecting the amount for Federal appropriations and
for non-Federal contributions for the construction on a fiscal year
basis.
(Pub. L. 101-185, 7, Nov. 28, 1989, 103 Stat. 1339.)
20 USC 80q-6. Custom House office space and auditorium
TITLE 20 -- EDUCATION
(a) Repairs and alterations
The Administrator of General Services shall make such repairs and
alterations as may be necessary in the portion of the Old United States
Custom House at One Bowling Green, New York, New York, which is not
leased to the Board of Regents under section 80q-5(b) of this title and
which, as of November 28, 1989, has not been altered.
(b) Authorization of appropriation
There is authorized to be appropriated to the Administrator of
General Services $25,000,000 from the fund established pursuant to
section 490(f) of title 40 to carry out this section and section
80q-5(b)(2)(B) of this title.
(Pub. L. 101-185, 8, Nov. 28, 1989, 103 Stat. 1341.)
20 USC 80q-7. Audubon Terrace
TITLE 20 -- EDUCATION
(a) In general
The Board of Regents shall --
(1) assure that, on the date on which a qualified successor to the
Heye Foundation at Audubon Terrace first takes possession of Audubon
Terrace, an area of at least 2,000 square feet at that facility is
accessible to the public and physically suitable for exhibition of
museum objects and for related exhibition activities;
(2) upon written agreement between the Board and any qualified
successor, lend objects from the collections of the Smithsonian
Institution to the successor for exhibition at Audubon Terrace; and
(3) upon written agreement between the Board and any qualified
successor, provide training, scholarship, technical, and other
assistance (other than operating funds) with respect to the area
referred to in paragraph (1) for the purposes described in that
paragraph.
(b) Determination of charges
Any charge by the Board of Regents for activities pursuant to
agreements under paragraph (2) or (3) of subsection (a) of this section
shall be determined according to the ability of the successor to pay.
(c) Definition
As used in this section, the terms ''qualified successor to the Heye
Foundation at Audubon Terrace'', ''qualified successor'', and, /1/
''successor'' mean an organization described in section 501(c)(3) of
title 26, and exempt from tax under section 501(a) of title 26, that, as
determined by the Board of Regents --
(1) is a successor occupant to the Heye Foundation at Audubon
Terrace, 3753 Broadway, New York, New York;
(2) is qualified to operate the area referred to in paragraph (1) for
the purposes described in that paragraph; and
(3) is committed to making a good faith effort to respond to
community cultural interests in such operation.
(Pub. L. 101-185, 9, Nov. 28, 1989, 103 Stat. 1342.)
/1/ So in original. The comma probably should not appear.
20 USC 80q-8. Board of Regents functions with respect to certain
agreements and programs
TITLE 20 -- EDUCATION
(a) Priority to be given to Indian organizations with respect to
certain agreements
In entering into agreements with museums and other educational and
cultural organizations to --
(1) lend Native American artifacts and objects from any collection of
the Smithsonian Institution;
(2) sponsor or coordinate traveling exhibitions of artifacts and
objects; or
(3) provide training or technical assistance;
the Board of Regents shall give priority to agreements with Indian
organizations, including Indian tribes, museums, cultural centers,
educational institutions, libraries, and archives. Such agreements may
provide that loans or services to such organizations may be furnished by
the Smithsonian Institution at minimal or no cost.
(b) Indian programs
The Board of Regents may establish --
(1) programs to serve Indian tribes and communities; and
(2) in cooperation with educational institutions, including tribally
controlled community colleges (as defined in section 1801 of title 25),
programs to enhance the opportunities for Indians in the areas of museum
studies, management, and research.
(c) Indian Museum Management Fellowships
The Board of Regents shall establish an Indian Museum Management
Fellowship program to provide stipend support to Indians for training in
museum development and management.
(d) Authorization of appropriations
There is authorized to be appropriated $2,000,000 for each fiscal
year, beginning with fiscal year 1991, to carry out subsections (b) and
(c) of this section.
(Pub. L. 101-185, 10, Nov. 28, 1989, 103 Stat. 1342.)
20 USC 80q-9. Inventory, identification, and return of Indian human
remains and Indian funerary objects in possession of Smithsonian
Institution
TITLE 20 -- EDUCATION
(a) Inventory and identification
The Secretary of the Smithsonian Institution, in consultation and
cooperation with traditional Indian religious leaders and government
officials of Indian tribes, shall --
(1) inventory the Indian human remains and Indian funerary objects in
the possession or control of the Smithsonian Institution; and
(2) using the best available scientific and historical documentation,
identify the origins of such remains and objects.
(b) Notice in case of identification of tribal origin
If the tribal origin of any Indian human remains or Indian funerary
object is identified by a preponderance of the evidence, the Secretary
shall so notify any affected Indian tribe at the earliest opportunity.
(c) Return of Indian human remains and associated Indian funerary
objects
If any Indian human remains are identified by a preponderance of the
evidence as those of a particular individual or as those of an
individual culturally affiliated with a particular Indian tribe, the
Secretary, upon the request of the descendants of such individual or of
the Indian tribe shall expeditiously return such remains (together with
any associated funerary objects) to the descendants or tribe, as the
case may be.
(d) Return of Indian funerary objects not associated with Indian
human remains
If any Indian funerary object not associated with Indian human
remains is identified by a preponderance of the evidence as having been
removed from a specific burial site of an individual culturally
affiliated with a particular Indian tribe, the Secretary, upon the
request of the Indian tribe, shall expeditiously return such object to
the tribe.
(e) Interpretation
Nothing in this section shall be interpreted as --
(1) limiting the authority of the Smithsonian Institution to return
or repatriate Indian human remains or Indian funerary objects to Indian
tribes or individuals; or
(2) delaying actions on pending repatriation requests, denying or
otherwise affecting access to the courts, or limiting any procedural or
substantive rights which may otherwise be secured to Indian tribes or
individuals.
(f) Authorization of appropriations
There is authorized to be appropriated $1,000,000 for fiscal year
1991 and such sums as may be necessary for succeeding fiscal years to
carry out this section.
(Pub. L. 101-185, 11, Nov. 28, 1989, 103 Stat. 1343.)
20 USC 80q-10. Special committee to review inventory, identification,
and return of Indian human remains and Indian funerary objects
TITLE 20 -- EDUCATION
(a) Establishment; duties
Not later than 120 days after November 28, 1989, the Secretary of the
Smithsonian Institution shall appoint a special committee to monitor and
review the inventory, identification, and return of Indian human remains
and Indian funerary objects under section 80q-9 of this title. In
carrying out its duties, the committee shall --
(1) with respect to the inventory and identification, ensure fair and
objective consideration and assessment of all relevant evidence;
(2) upon the request of any affected party or otherwise, review any
finding relating to the origin or the return of such remains or objects;
(3) facilitate the resolution of any dispute that may arise between
Indian tribes with respect to the return of such remains or objects;
and
(4) perform such other related functions as the Secretary may assign.
(b) Membership
The committee shall consist of five members, of whom --
(1) three members shall be appointed from among nominations submitted
by Indian tribes and organizations; and
(2) the Secretary shall designate one member as chairman.
The Secretary may not appoint to the committee any individual who is
an officer or employee of the Government (including the Smithsonian
Institution) or any individual who is otherwise affiliated with the
Smithsonian Institution.
(c) Access
The Secretary shall ensure that the members of the committee have
full and free access to the Indian human remains and Indian funerary
objects subject to section 80q-9 of this title and to any related
evidence, including scientific and historical documents.
(d) Pay and expenses of members
Members of the committee shall --
(1) be paid the daily equivalent of the annual rate of basic pay
payable for grade GS-18 of the General schedule under section 5332 of
title 5; and
(2) be entitled (to the same extent as provided in section 5703 of
such title, with respect to employees serving intermittently in the
Government service) to per diem, travel, and transportation expenses;
for each day (including travel time) during which they are engaged in
the performance of their duties.
(e) Rules and administrative support
The Secretary shall prescribe regulations and provide administrative
support for the committee.
(f) Report and termination
At the conclusion of the work of the committee, the Secretary shall
be so /1/ certify by report to the Congress. The committee shall cease
to exist 120 days after the submission of the report.
(g) Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the committee.
(h) Authorization of appropriations
There is authorized to be appropriated $250,000 for fiscal year 1991
and such sums as may be necessary for succeeding fiscal years to carry
out this section.
(Pub. L. 101-185, 12, Nov. 28, 1989, 103 Stat. 1344.)
The Federal Advisory Committee Act, referred to in subsec. (g), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
/1/ So in original. Probably should be ''shall so''.
20 USC 80q-11. Inventory, identification, and return of Native
Hawaiian human remains and Native Hawaiian funerary objects in
possession of Smithsonian Institution
TITLE 20 -- EDUCATION
(a) In general
The Secretary of the Smithsonian Institution shall --
(1) in conjunction with the inventory and identification under
section 80q-9 of this title, inventory and identify the Native Hawaiian
human remains and Native Hawaiian funerary objects in the possession of
the Smithsonian Institution;
(2) enter into an agreement with appropriate Native Hawaiian
organizations with expertise in Native Hawaiian affairs (which may
include the Office of Hawaiian Affairs and the Malama I Na Kupuna O
Hawai'i Nei) to provide for the return of such human remains nd /1/
funerary objects; and
(3) to the greatest extent practicable, apply, with respect to such
human remains and funerary objects, the principles and procedures set
forth in sections 80q-9 and 80q-10 of this title with respect to the
Indian human remains and Indian funerary objects in the possession of
the Smithsonian Institution.
(b) Definitions
As used in this section --
(1) the term ''Malama I Na Kupuna O Hawai'i Nei'' means the
nonprofit, Native Hawaiian organization, incorporated under the laws of
the State of Hawaii by that name on April 17, 1989, the purpose of which
is to provide guidance and expertise in decisions dealing with Native
Hawaiian cultural issues, particularly burial issues; and
(2) the term ''Office of Hawaiian Affairs'' means the Office of
Hawaiian Affairs established by the Constitution of the State of Hawaii.
(Pub. L. 101-185, 13, Nov. 28, 1989, 103 Stat. 1345.)
/1/ So in original. Probably should be ''and''.
20 USC 80q-12. Grants by Secretary of the Interior to assist Indian
tribes with respect to agreements for return of Indian human remains and
Indian funerary objects
TITLE 20 -- EDUCATION
(a) In general
The Secretary of the Interior may make grants to Indian tribes to
assist such tribes in reaching and carrying out agreements with --
(1) the Board of Regents for the return of Indian human remains and
Indian funerary objects under section 80q-9 of this title; and
(2) other Federal and non-Federal entities for additional returns of
Indian human remains and Indian funerary objects.
(b) Authorization of appropriations
There is authorized to be appropriated $1,000,000 for fiscal year
1991 and such sums as may be necessary for succeeding fiscal years for
grants under subsection (a) of this section.
(Pub. L. 101-185, 14, Nov. 28, 1989, 103 Stat. 1345.)
20 USC 80q-13. Grants by Secretary of the Interior to assist Indian
organizations with respect to renovation and repair of museum facilities
and exhibit facilities
TITLE 20 -- EDUCATION
(a) Grants
The Secretary of the Interior may make grants to Indian
organizations, including Indian tribes, museums, cultural centers,
educational institutions, libraries, and archives, for renovation and
repair of museum facilities and exhibit facilities to enable such
organizations to exhibit objects and artifacts on loan from the
collections of the Smithsonian Institution or from other sources. Such
grants may be made only from the Tribal Museum Endowment Fund.
(b) Indian organization contribution
In making grants under subsection (a) of this section, the Secretary
may require the organization receiving the grant to contribute, in cash
or in kind, not more than 50 percent of the cost of the renovation or
repair involved. Such contribution may be derived from any source other
than the Tribal Museum Endowment Fund.
(c) Tribal Museum Endowment Fund
(1) Establishment
There is established in the Treasury a fund, to be known as the
''Tribal Museum Endowment Fund'' (hereinafter in this subsection
referred to as the ''Fund'') for the purpose of making grants under
subsection (a) of this section. The Fund shall consist of (A) amounts
deposited and credited under paragraph (2), (B) obligations obtained
under paragraph (3), and (C) amounts appropriated pursuant to
authorization under paragraph (5).
(2) Deposits and credits
The Secretary of the Interior is authorized to accept contributions
to the Fund from non-Federal sources and shall deposit such
contributions in the Fund. The Secretary of the Treasury shall credit
to the Fund the interest on, and the proceeds from sale and redemption
of, obligations held in the Fund.
(3) Investments
The Secretary of the Treasury may invest any portion of the Fund in
interest-bearing obligations of the United States. Such obligations may
be acquired on original issue or in the open market and may be held to
maturity or sold in the open market. In making investments for the
Fund, the Secretary of the Treasury shall consult the Secretary of the
Interior with respect to maturities, purchases, and sales, taking into
consideration the balance necessary to meet current grant requirements.
(4) Expenditures and capital preservation
Subject to appropriation, amounts derived from interest shall be
available for expenditure from the Fund. The capital of the Fund shall
not be available for expenditure.
(5) Authorization of appropriations
There is authorized to be appropriated to the Fund $2,000,000 for
each fiscal year beginning with fiscal year 1992.
(d) Annual report
Not later than January 31 of each year, the Secretary of the
Interior, in consultation with the Secretary of the Treasury, shall
submit to the Congress a report of activities under this section,
including a statement of --
(1) the financial condition of the Fund as of the end of the
preceding fiscal year, with an analysis of the Fund transactions during
that fiscal year; and
(2) the projected financial condition of the Fund, with an analysis
of expected Fund transactions for the six fiscal years after that fiscal
year.
(Pub. L. 101-185, 15, Nov. 28, 1989, 103 Stat. 1345.)
Pub. L. 102-196, Dec. 9, 1991, 105 Stat. 1620, directed Secretary
of the Interior to conduct a study and make a report to Congress on the
feasibility of establishing a Native American Cultural Center in
Oklahoma City, Oklahoma, and made appropriations for that purpose.
20 USC 80q-14. Definitions
TITLE 20 -- EDUCATION
As used in this subchapter --
(1) the term ''Board of Regents'' means the Board of Regents of the
Smithsonian Institution;
(2) the term ''Board of Trustees'' means the Board of Trustees of the
National Museum of the American Indian;
(3) the term ''burial site'' means a natural or prepared physical
location, whether below, on, or above the surface of the earth, into
which, as a part of a death rite or ceremony of a culture, individual
human remains are deposited;
(4) the term ''funerary object'' means an object that, as part of a
death rite or ceremony of a culture, is intentionally placed with
individual human remains, either at the time of burial or later;
(5) the term ''Heye Foundation assets'' means the collections,
endowment, and all other property of the Heye Foundation (other than the
interest of the Heye Foundation in Audubon Terrace) described in the
Memorandum of Understanding between the Smithsonian Institution and the
Heye Foundation, dated May 8, 1989, and the schedules attached to such
memorandum;
(6) the term ''Heye Museum'' means the Museum of the American Indian,
Heye Foundation;
(7) the term ''Indian'' means a member of an Indian tribe;
(8) the term ''Indian tribe'' has the meaning given that term in
section 450b of title 25;
(9) the term ''National Museum'' means the National Museum of the
American Indian established by section 80q-1 of this title;
(10) the term ''Native American'' means an individual of a tribe,
people, or culture that is indigenous to the Americas and such term
includes a Native Hawaiian; and
(11) the term ''Native Hawaiian'' means a member or descendant of the
aboriginal people who, before 1778, occupied and exercised sovereignty
in the area that now comprises the State of Hawaii.
(Pub. L. 101-185, 16, Nov. 28, 1989, 103 Stat. 1346.)
20 USC 80q-15. Authorization of appropriations
TITLE 20 -- EDUCATION
(a) Funding
There is authorized to be appropriated to the Board of Regents to
carry out this subchapter (other than as provided in sections
80q-5(b)(1)(B), 80q-6, 80q-8, 80q-9, 80q-10, 80q-12, and 80q-13(c)(5) of
this title) --
(1) $10,000,000 for fiscal year 1990; and
(2) such sums as may be necessary for each succeeding fiscal year.
(b) Period of availability
Funds appropriated under subsection (a) of this section shall remain
available without fiscal year limitation for any period prior to the
availability of the facilities to be constructed under section 80q-5 of
this title for administrative and planning expenses and for the care and
custody of the collections of the National Museum.
(Pub. L. 101-185, 17, Nov. 28, 1989, 103 Stat. 1347.)
20 USC CHAPTER 4 -- NATIONAL ZOOLOGICAL PARK
TITLE 20 -- EDUCATION
Sec.
81. Administration by Regents of Smithsonian Institution.
82. Aid in acquisition of collections.
83. Report of expenses.
84. Plans for buildings and bridges.
85. Concessions.
(a) Authorization; use of proceeds for research and educational
work.
(b) Voluntary services.
20 USC 81. Administration by Regents of Smithsonian Institution
TITLE 20 -- EDUCATION
The National Zoological Park is placed under the direction of the
Regents of the Smithsonian Institution, who are authorized to transfer
to it any living specimens, whether of animals or plants, in their
charge, to accept gifts for the park at their discretion, in the name of
the United States, to make exchanges of specimens, and to administer and
improve the said Zoological Park for the advancement of science and the
instruction and recreation of the people.
(Apr. 30, 1890, ch. 173, 2, 26 Stat. 78; Oct. 4, 1961, Pub. L.
87-360, 75 Stat. 779.)
1961 -- Pub. L. 87-360 inserted ''and improve'' after
''administer''.
The National Zoological Park was established under provisions of the
District of Columbia Appropriation Act for the Fiscal Year 1890, act
Mar. 2, 1889, ch. 370, 4, 25 Stat. 808, which constituted a
commission to select from a certain district along Rock Creek a tract of
land, including a section of the creek, suitable for a zoological park,
and to purchase the land so selected, or take proceedings for the
condemnation thereof, the United States to have title to the land on
payment therefor to the owners.
The Rock Creek Park was established by act Sept. 27, 1890, ch.
1001, 26 Stat. 492.
The Potomac Park was established by act Mar. 3, 1897, ch. 375, 29
Stat. 624.
Certain parcels of land were added to the National Zoological Park by
acts June 5, 1920, ch. 235, 1, 41 Stat. 892; Mar. 4, 1921, ch. 161,
1, 41 Stat. 1384.
Provisions for a parkway connecting Potomac Park with Zoological Park
and Rock Creek Park were made by act Mar. 4, 1913, ch. 147, 27, 37
Stat. 885.
20 USC 82. Aid in acquisition of collections
TITLE 20 -- EDUCATION
The heads of executive departments of the Government are authorized
and directed to cause to be rendered all necessary and practicable aid
to the said Regents in the acquisition of collections for the Zoological
Park.
(Apr. 30, 1890, ch. 173, 3, 26 Stat. 78.)
20 USC 83. Report of expenses
TITLE 20 -- EDUCATION
A report in detail of the expenses on account of the National
Zoological Park shall be made to Congress at the beginning of each
regular session.
(Aug. 18, 1894, ch. 301, 1, 28 Stat. 384.)
Provisions similar to this section were carried in Sundry Civil
Appropriation Acts in the following years:
1893 -- Mar. 3, 1893, ch. 208, 27 Stat. 582.
1892 -- Aug. 5, 1892, ch. 380, 1, 27 Stat. 360.
20 USC 84. Plans for buildings and bridges
TITLE 20 -- EDUCATION
All plans and specifications for the construction of buildings and
bridges in the National Zoological Park shall be prepared under the
supervision of the Smithsonian Institution.
(Aug. 24, 1912, ch. 355, 1, 37 Stat. 437; 1966 Reorg. Plan No. 4,
eff. Aug. 23, 1966, 31 FR 11137, 80 Stat. 1611.)
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, June 13, 1966, pursuant to the
provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended
(see 5 U.S.C. 901 et seq.).
All those functions of the Board of Commissioners of the District of
Columbia which were vested in the municipal architect of the District of
Columbia by the provisions of the Act of August 24, 1912, c. 355, 37
Stat. 437 (20 U.S.C. 84; D.C. Code (former) 8-134), in respect of
buildings of the National Zoological Park, and all functions of that
Board which were vested in the engineer of bridges of the District of
Columbia by those provisions in respect of bridges of the National
Zoological Park, are hereby transferred to the Smithsonian Institution.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 4 of 1966, prepared in
accordance with the Reorganization Act of 1949, as amended, and
providing for a reorganization relating to the National Zoological Park
located in the District of Columbia.
Today, all responsibilities for the administration of the park are
vested in the Smithsonian Institution with one exception -- the function
of preparing plans and specifications for the construction of buildings
and bridges at the zoo. That statutory responsibility is now conducted
by the Board of Commissioners of the District of Columbia (now the
Mayor).
Under the accompanying reorganization plan, the responsibility for
the preparation of these plans and specifications would be transferred
from the District of Columbia Board of Commissioners to the Smithsonian.
The complete administration of the park would then be vested in one
agency -- the Smithsonian Institution. This will allow the more
efficient and effective development and management of the park.
In 1912, the functions to be transferred were vested in the Municipal
Architect of the District of Columbia and in the Engineers of the
Bridges of the District of Columbia. In 1952, they were transferred to
the Board of Commissioners.
When the 1912 act was passed, the District of Columbia shared the
costs of capital improvements in the National Zoological Park. In 1961,
it ceased sharing these costs, and the Federal Government assumed
complete responsibility for financing the improvements. Accordingly,
the District government retains no capital improvement responsibilities
for the National Zoological Park except those functions relating to
construction plans and specifications for buildings and bridges, as
specified in the 1912 statute. Upon the transfer of these remaining
functions to the Smithsonian Institution, the administration of the
National Zoological Park will, at last, be fully centered in one agency.
It is not practicable at this time, however, to itemize the resulting
reduction in expenditures.
I have found, after investigation, that each reorganization included
in the accompanying reorganization plan is necessary to accomplish one
or more of the purposes set forth in section 2(a) of the Reorganization
Act of 1949, as amended.
I recommend that the Congress allow the reorganization plan to become
effective.
Lyndon B. Johnson.
The White House, June 13, 1966.
20 USC 85. Concessions
TITLE 20 -- EDUCATION
(a) Authorization; use of proceeds for research and educational work
The Board of Regents of the Smithsonian Institution, in furtherance
of the mission of the National Zoological Park to provide for the
advancement of science and instruction and recreation of the people, is
authorized to negotiate agreements granting concessions at the National
Zoological Park to nonprofit scientific, educational, or historic
organizations. The net proceeds of such organizations gained from such
concessions granted under this subsection shall be used exclusively for
research and educational work for the benefit of the National Zoological
Park.
(b) Voluntary services
The Smithsonian Institution is authorized to accept the voluntary
services of such organizations, and the voluntary services of
individuals, for the benefit of the National Zoological Park.
(Pub. L. 89-772, Nov. 6, 1966, 80 Stat. 1322.)
20 USC CHAPTER 5 -- GOVERNMENT COLLECTIONS AND INSTITUTIONS FOR
RESEARCH, AND MATERIAL FOR EDUCATIONAL INSTITUTIONS
TITLE 20 -- EDUCATION
Sec.
91. Literary and scientific collections accessible to investigators
and students.
92. Admissions to marine biological station for pursuit of
investigations.
93, 94. Repealed.
20 USC 91. Literary and scientific collections accessible to
investigators and students
TITLE 20 -- EDUCATION
The facilities for study research and illustration in the Government
departments and in the following and any other governmental collections
now existing or hereafter to be established in the city of Washington
for the promotion of knowledge shall be accessible, under such rules and
restrictions as the officers in charge of each department or collection
may prescribe, subject to such authority as is now or may hereafter be
permitted by law, to the scientific investigators and to duly qualified
individuals, students and graduates of any institution of learning in
the several States and Territories and the District of Columbia, to wit:
One. Of the Library of Congress.
Two. Of the National Museum.
Three. Of the Patent and Trademark Office.
Four. Of the Department of Education.
Five. Of the Bureau of Ethnology.
Six. Of the Army Medical Museum.
Seven. Of the Department of Agriculture.
Eight. Of the United States Fish and Wildlife Service.
Nine. Of the Botanic Gardens.
Ten. Of the National Ocean Survey.
Eleven. Of the United States Geological Survey.
Twelve. Of the Naval Observatory.
Thirteen. Of the Zoological Park.
Fourteen. Of the Government Printing Office.
(Apr. 12, 1892, No. 8, 27 Stat. 395; Mar. 3, 1901, ch. 831, 1, 31
Stat. 1039; May 14, 1928, ch. 551, 1, 45 Stat. 531; 1939 Reorg. Plan
No. II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940
Reorg. Plan No. III, 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;
Aug. 8, 1956, ch. 1036, 3, 70 Stat. 1120; 1965 Reorg. Plan No. 2,
eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No.
4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Jan. 2, 1975, Pub.
L. 93-596, 3, 88 Stat. 1949; Oct. 17, 1979, Pub. L. 96-88, title III,
301(b)(2), title V, 507, 93 Stat. 678, 692; Nov. 13, 1991, Pub. L.
102-154, title I, 105 Stat. 1000.)
Section is from a resolution adopted Apr. 12, 1892, the Deficiencies
Appropriation Act of Mar. 3, 1901, and the Legislative Appropriations
Act of May 14, 1928, providing that facilities for study and research be
afforded to investigators, students, etc., in the several States and
Territories as well as in the District of Columbia.
''United States Geological Survey'' substituted for ''Geological
Survey'' in par. Eleven pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of Title 43, Public Lands.
''Patent and Trademark Office'' substituted in par. Three for
''Patent Office'' pursuant to section 3 of Pub. L. 93-596, set out as a
note under section 1 of Title 35, Patents.
Coast and Geodetic Survey consolidated with National Weather Bureau
in 1965 to form Environmental Science Services Administration by Reorg.
Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.
Environmental Science Services Administration abolished in 1970 and its
personnel, property, records, etc., transferred to National Oceanic and
Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate
Administrator of National Oceanic and Atmospheric Administration, 35
F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated
National Ocean Survey. See notes set out under section 311 of Title 15,
Commerce and Trade.
Functions of all other officers of Department of Commerce and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Secretary of Commerce, with power vested in
him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 5 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1263, set out in the Appendix to Title 5, Government Organization and
Employees. Patents and Trademark Office, and National Ocean Survey,
referred to in this section, are agencies within Department of Commerce.
Functions of all other officers of Department of the Interior and
functions of all agencies and employees of such Department, with two
exceptions, transferred to Secretary of the Interior, with power vested
in him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 3 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1262, set out in the Appendix to Title 5.
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940,
eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United
States Fish and Wildlife Service established by act Aug. 8, 1956, ch.
1036, 3, 70 Stat. 1120, which is classified to section 742b of Title
16, Conservation.
Bureau of Fisheries consolidated with Bureau of Biological Survey
into Fish and Wildlife Service in Department of the Interior by Reorg.
Plan No. III of 1940, set out in the Appendix to Title 5. The Bureau
had been previously transferred to Department of the Interior by Reorg.
Plan No. II of 1939, 4(e), also set out in the Appendix to Title 5.
For transfer of certain personal property and functions, insofar as
they pertain to the Air Force, from Secretary of the Army and Department
of the Army, to Secretary of the Air Force and Department of the Air
Force, see Secretary of Defense Transfer Order Nos. 6, eff. Jan. 15,
1948; 39, May 18, 1949; 40 (App. B(69)), July 22, 1949.
''Department of Education'' substituted in text for ''Office of
Education'' pursuant to sections 301(b)(2) and 507 of Pub. L. 96-88,
which are classified to sections 3441(b)(2) and 3507 of this title and
which transferred Office of Education to Department of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631, set out in the Appendix to Title 5. Federal
Security Agency and office of Administrator abolished by section 8 of
Reorg. Plan No. 1 of 1953.
Office of Education transferred to Federal Security Agency by Reorg.
Plan No. I of 1939, 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53
Stat. 1424, set out in the Appendix to Title 5.
Office of Education created and placed in Department of the Interior
by act of July 20, 1868, ch. 176, 15 Stat. 106, which abolished
Department of Education. In appropriation act of July 12, 1870, ch.
251, 16 Stat. 242, the Office was designated Bureau of Education. This
designation was retained until the act of May 14, 1930, ch. 273, 46
Stat. 281, 319, which made appropriations for ''Office of Education''.
National Museum was not created by any express statutory provision
for that purpose. It was first mentioned in an appropriation for
postage for ''the National Museum in the Smithsonian Institution,''
contained in act June 20, 1874, ch. 328, 1, 18 Stat. 103. An
appropriation for a building for the use of the National Museum was made
by act Mar. 3, 1879, ch. 182, 1, 20 Stat. 397, and annual
appropriations have continuously been made for expenses of heating,
etc., such building.
20 USC 92. Admissions to marine biological station for pursuit of
investigations
TITLE 20 -- EDUCATION
The professors, instructors, and students of the several land-grant,
agricultural, and mechanical colleges of the United States shall be
admitted to the marine biological station on the Gulf of Mexico on the
coast of Florida, to pursue such investigation in fish culture and
biology as may be practicable, without cost to the Government, under
such rules and regulations as may be from time to time prescribed by the
Secretary of Interior.
(Mar. 1, 1911, ch. 189, 2, 36 Stat. 964; Mar. 4, 1913, ch. 141, 1,
37 Stat. 736; Aug. 1, 1914, ch. 223, 1, 38 Stat. 665; 1939 Reorg.
Plan No. II, 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
1940 Reorg. Plan No. III, 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat.
1231.)
Section consists of section 2 of act Mar. 1, 1911. Section 1
thereof authorizing the establishment of the marine biological station
on the Gulf coast of the State of Florida, referred to in text, on the
condition that the State of Florida donate the necessary land and water
rights, is not classified to the Code. The provisions of said section 1
requiring donation of the required land and water rights by the State
were amended by act Aug. 1, 1914, ch. 223, 1, 38 Stat. 665, which
authorized the donation of the required land and water rights by a
corporation, firm, or individual in addition to the State.
Bureau of Fisheries in Department of Commerce which administered
marine biological station referred to in text under supervision of
Secretary of Commerce transferred to Department of the Interior under
direction of Secretary of the Interior by Reorg. Plan No. II of 1939,
set out in the Appendix to Title 5, Government Organization and
Employees, and by Reorg. Plan No. III of 1940, set out in the Appendix
to Title 5. Bureau of Fisheries consolidated with Bureau of Biological
Survey into Fish and Wildlife Service in Department of the Interior and
under supervision of Secretary of the Interior, which was succeeded by
United States Fish and Wildlife Service, see section 742b of Title 16,
Conservation.
''Secretary of Commerce'' substituted in text for ''Secretary of
Commerce and Labor'' pursuant to act Mar. 4, 1913, which changed name
of Department of Commerce and Labor to Department of Commerce.
The Fish and Wildlife Service established a marine biological station
at Sarasota, Florida, during the year 1948.
Secretary of Commerce was authorized to dispose of the marine
biological station at Key West, Fla., by act Apr. 29, 1929, ch. 2, 46
Stat. 2.
Under communication of the Fish and Wildlife Service dated Nov. 12,
1940, it was stated the land on which was situated this station was
reconveyed to the Key West Realty Company by quit claim deed executed by
the Secretary of Commerce.
Agricultural and mechanical colleges, see section 301 et seq. of
Title 7, Agriculture.
20 USC 93, 94. Repealed. Oct. 31, 1951, ch. 654, 1(41), (42), 65
Stat. 703
TITLE 20 -- EDUCATION
Section 93, act Nov. 19, 1919, ch. 118, 41 Stat. 360, which
related to sale of machine tools to trade, technical, and public schools
and universities, had been transferred to section 1180a of former Title
10, Army and Air Force, and was later repealed by act Oct. 31, 1951.
Section 94, act May 26, 1928, ch. 760, 45 Stat. 753, which related
to transfer of obsolete aeronautical equipment to museums, schools and
colleges, had been transferred to section 1180b of former Title 10, Army
and Air Force, was later repealed by act Oct. 31, 1951. See sections
483 and 484 of Title 40, Public Buildings, Property, and Works.
20 USC CHAPTER 6 -- AMERICAN PRINTING HOUSE FOR THE BLIND
TITLE 20 -- EDUCATION
Sec.
101. Annual appropriations.
102. Application of appropriations.
(1) Purposes and methods of expenditures.
(2) Buildings.
(3) Sales of books and apparatus at cost.
(4) Income withheld when not properly used.
(5) Bond of treasurer.
(6) Ex officio trustees.
103. Publications for National Library for the Blind.
104. Annual reports by trustees.
105. Books for Library of Congress.
106. Purchases through the General Services Administration.
106a. Financial and program audit by Secretary.
20 USC 101. Annual appropriations
TITLE 20 -- EDUCATION
For the purpose of enabling the American Printing House for the Blind
more adequately to provide books and apparatus for the education of the
blind, there is hereby authorized to be appropriated annually to it,
such sum as the Congress may determine; which sum shall be expended in
accordance with the requirements of sections 101, 102, and 104 of this
title, under rules and regulations prescribed by the Secretary of
Education, to promote the education of the blind.
(Mar. 3, 1879, ch. 186, 1, 2, 20 Stat. 468; June 25, 1906, ch.
3536, 34 Stat. 460; Aug. 4, 1919, ch. 31, 41 Stat. 272; Feb. 8, 1927,
ch. 76, 44 Stat. 1060; Aug. 23, 1937, ch. 736, 50 Stat. 744; May 22,
1952, ch. 321, 66 Stat. 89; Aug. 2, 1956, ch. 882, 2, 70 Stat. 939;
Sept. 22, 1961, Pub. L. 87-294, 4, 75 Stat. 627; Oct. 17, 1979, Pub.
L. 96-88, title III, 301(a)(2)(M), title V, 507, 93 Stat. 678, 692;
Nov. 7, 1988, Pub. L. 100-630, title IV, 402(a), 403, 102 Stat. 3316.)
Prior to amendment by Pub. L. 100-630, section was comprised of two
sentences. The first sentence was based on provisions of acts Mar. 3,
1879, and June 25, 1906, and established a perpetual trust fund for
purposes of aiding education of the blind in the United States through
the American Printing House for the Blind and a permanent annual
appropriation thereof, to be expended for purposes authorized by
sections 101, 102, and 104 of this title. The second sentence was based
on provisions of act Aug. 4, 1919, as amended. See 1988 Amendment note
below.
1988 -- Pub. L. 100-630, 402(a), which provided that the perpetual
trust fund and permanent annual appropriations thereof established by
the Act of Mar. 3, 1879, as amended by the Act of June 25, 1906, are
terminated, was executed by striking the first sentence of this section
which read as follows: ''The sum of $250,000, set apart as a perpetual
trust fund for the purpose of aiding the education of the blind in the
United States, through the American Printing House for the Blind, shall
be credited on the books of the Treasury Department as a perpetual trust
fund for that purpose, to be held by the Secretary of the Treasury; and
the sum of $10,000, being equivalent to 4 per centum on the principal of
said trust fund, is appropriated, out of any moneys in the Treasury not
otherwise appropriated, and such appropriation shall be deemed a
permanent annual appropriation and shall be expended in the manner and
for the purposes authorized by sections 101, 102, and 104 of this
title.'' See Codification note above.
Pub. L. 100-630, 403, struck out ''In addition to the permanent
appropriation of $10,000, made in this section''.
1961 -- Pub. L. 87-294 struck out provisions which authorized an
annual appropriation of not more than $400,000, inserted provisions
authorizing an annual appropriation of such sum as the Congress may
determine, and required expenditure of such sum under rules and
regulations prescribed by the Secretary of Health, Education, and
Welfare.
1956 -- Act Aug. 2, 1956, increased appropriation authorization from
$250,000 to $400,000.
1952 -- Act May 22, 1952, amended second sentence generally,
increasing appropriation authorization from $115,000 to $250,000.
1937 -- Act Aug. 23, 1937, amended second sentence generally,
increasing appropriation authorization from $65,000 to $115,000.
1927 -- Act Feb. 8, 1927, amended second sentence generally,
increasing appropriation authorization from $40,000 to $65,000.
Section 402(b) of Pub. L. 100-630 provided that: ''This section
(amending this section) shall take effect on October 1, 1989.''
Section 5 of Pub. L. 87-294 provided that: ''The amendments made by
this Act (amending this section and section 102 of this title) shall be
effective immediately after the date of its enactment (Sept. 22,
1961).''
Section 401 of title IV of Pub. L. 100-630 provided that: ''This
title (amending this section and enacting provisions set out as notes
under this section) may be cited as the 'American Printing House for the
Blind Amendments of 1988'.''
''Secretary of Education'' substituted in text for ''Secretary of
Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M) and
507 of Pub. L. 96-88, which are classified to sections 3441(a)(2)(M)
and 3507 of this title and which transferred functions of Secretary of
Health, Education, and Welfare under this chapter to Secretary of
Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631, set out in the Appendix to Title 5, Government
Organization and Employees. Federal Security Agency and office of
Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Functions of Secretary of the Treasury over administration of
appropriations for American Printing House for Blind (except function
relating to administration of perpetual trust fund) transferred to
Federal Security Agency, and annual report and vouchers of trustees
directed to be furnished to Federal Security Administrator by Reorg.
Plan No. II of 1939, 201(b), eff. July 1, 1939, 4 F.R. 2732, 53 Stat.
1434, set out in the Appendix to Title 5.
Section 404 of Pub. L. 100-630 provided that: ''Any and all rights
of the American Printing House for the Blind determined to have vested
in the perpetual trust fund established by the Act of March 3, 1879 (see
Codification note above), shall be deemed to be compensated by the
appropriation to the American Printing House for the Blind for fiscal
year 1990.''
Section 405 of Pub. L. 100-630 provided that: ''Notwithstanding any
Federal law, reference to the perpetual trust fund and permanent annual
appropriations thereof established by the Act of March 3, 1879 (see
Codification note above), shall not be given any effect.''
Classification of fund for education of the blind as a trust fund,
see section 1321 of Title 31, Money and Finance.
20 USC 102. Application of appropriations
TITLE 20 -- EDUCATION
The Secretary of Education is authorized to pay over semiannually, to
the trustees of the American Printing House for the Blind, located in
Louisville, Kentucky, and chartered in 1858 by the Legislature of
Kentucky, upon requisition of their president, countersigned by their
treasurer, one-half of such annual appropriation upon the following
conditions:
(1) Purposes and methods of expenditures
First. (A) Such appropriation shall be expended by the trustees of
the American Printing House for the Blind each year in manufacturing and
furnishing books and other materials specially adapted for instruction
of the blind; and the total amount of such books and other materials so
manufactured and furnished by such appropriation shall each year be
distributed among all the public and private nonprofit institutions in
the States, Territories, and possessions of the United States, the
Commonwealth of Puerto Rico, and the District of Columbia, in which
blind pupils are educated. Each public and private nonprofit
institution for the education of the blind shall receive, in books and
other materials, upon requisition of its superintendent, that portion of
the appropriation as is shown by the ratio between the number of blind
pupils in that institution and the total number of blind pupils in all
of the public and private nonprofit institutions in which blind pupils
are educated. Each chief State school officer shall receive, in books
and other materials, upon requisition, that portion of the appropriation
as is shown by the ratio between the number of blind pupils in public
and private nonprofit institutions (in the State) in which blind pupils
are educated, other than institutions to which the preceding sentence is
applicable, and the total number of blind pupils in the public and
private nonprofit institutions in which blind pupils are educated in all
of the States, Territories, and possessions of the United States, the
Commonwealth of Puerto Rico, and the District of Columbia. The ratio
referred to in each of the two immediately preceding sentences shall be
computed upon the first Monday in January of each year; and for
purposes of such sentences the number of blind pupils in public and
private nonprofit institutions in which blind pupils are educated shall
be authenticated in such manner and as often as the trustees of the
American Printing House for the Blind shall require. For purposes of
sections 101, 102, and 104 of this title, an institution for the
education of the blind is any institution which provides education
exclusively for the blind, or exclusively for the blind and other
handicapped children (in which case special classes are provided for the
blind); the chief State school officer of a State is the superintendent
of public elementary and secondary schools in such State or, if there is
none, such other official as the Governor certifies to have comparable
responsibility in the State; and a blind pupil is a blind individual
pursuing a course of study in an institution of less than college grade.
(B) The portion of the appropriation received by each chief State
school officer, in such books and other materials under subparagraph (A)
of this paragraph which represents the number of blind pupils in private
nonprofit institutions in such State in which blind pupils are educated
shall be distributed among such institutions on the basis of the number
of blind pupils in each such institution as compared to the total number
of such pupils in all of the private nonprofit institutions in which
blind pupils are educated in such State.
(C) All books and other materials furnished pursuant to sections 101,
102, and 104 of this title, and control and administration of their use,
shall vest only in a public agency. Such books and materials made
available pursuant to sections 101, 102 and 104 of this title for use of
teachers and blind pupils in any State, Territory, or possession of the
United States, the Commonwealth of Puerto Rico, and the District of
Columbia in any school shall be limited to those books and materials
which have been approved by an appropriate educational authority or
agency of such State, Territory, possession, Commonwealth, or District,
or any local educational authority thereof, for use, or are used, in a
public elementary or secondary school therein.
(2) Buildings
Second. No part of the appropriation shall be expended in the
erection or leasing of buildings; but the trustees of the American
Printing House for the Blind may use each year a reasonable sum of the
annual appropriation for salaries and other expenses of experts and
other staff to assist special committees which may be appointed in
performance of their functions, and for expenses of such special
committees.
(3) Sales of books and apparatus at cost
Third. No profit shall be put on any books or tangible apparatus for
the instruction of the blind manufactured or furnished by the trustees
of said American Printing House for the Blind, located in Louisville,
Kentucky; and the price put upon each article so manufactured or
furnished shall only be its actual cost.
(4) Income withheld when not properly used
Fourth. The Secretary of the Treasury of the United States shall have
the authority to withhold the appropriation whenever he shall receive
satisfactory proof that the trustees of said American Printing House for
the Blind, located in Louisville, Kentucky, are not using the
appropriation for the benefit of the blind in the public and private
nonprofit institutions for the education of the blind in the United
States.
(5) Bond of treasurer
Fifth. Before any money be paid to the treasurer of the American
Printing House for the Blind by the Secretary of the Treasury of the
United States, the treasurer of the American Printing House for the
Blind shall execute a bond, with two approved sureties, to the amount of
$20,000, conditioned that the money so received shall be expended
according to this law and all amendments thereto, which shall be held by
the Secretary of the Treasury of the United States, and shall be renewed
every two years.
(6) Ex officio trustees
Sixth. The superintendent of each public institution for the
education of the blind (or his designee) and the chief State school
officer (or his designee), of each State and possession of the United
States, the Commonwealth of Puerto Rico, and the District of Columbia,
shall each, ex officio, be a member of the Board of Trustees of the
American Printing House for the Blind only for purposes of administering
sections 101, 102 and 104 of this title.
(Mar. 3, 1879, ch. 186, 3, 20 Stat. 468; June 25, 1906, ch. 3536,
34 Stat. 460; Aug. 2, 1956, ch. 882, 1, 70 Stat. 938; Sept. 22,
1961, Pub. L. 87-294, 1-3, 75 Stat. 627; Apr. 13, 1970, Pub. L.
91-230, title VIII, 811(a), (b), 84 Stat. 194, 195; Oct. 17, 1979,
Pub. L. 96-88, title III, 301(a)(2)(M), title V, 507, 93 Stat. 678,
692.)
For purposes of codification, the provisions of section 3 of act Mar.
3, 1879, were changed as follows: provision providing for payment of
the semi-annual interest upon the bonds was substituted for one
providing for payment of one-half the annual appropriation, the word
''income'' was substituted for ''appropriation'', and the word
''interest'' was substituted for ''money'' in par. (5), to conform to
the modification of act Mar. 3, 1879, by act June 25, 1906, as shown in
the note set out under section 101 of this title.
1970 -- Par. First. Pub. L. 91-230, 811(a), designated existing
provisions as subpar. (A), made provisions applicable to private
nonprofit institutions, and added subpars. (B) and (C).
Par. Fourth. Pub. L. 91-230, 811(b), made provisions applicable to
private nonprofit institutions.
1961 -- Pub. L. 87-294, 1, substituted ''Secretary of Health,
Education, and Welfare'' for ''Secretary of the Treasury of the United
States'' and struck out ''permanent'' before ''annual appropriation'' in
opening clause.
Par. Second. Pub. L. 87-294, 2, authorized the trustees to use each
year a reasonable sum of the annual appropriation for salaries and other
expenses of experts and other staff to assist special committees which
may be appointed in performance of their functions, and for expenses of
such special committees.
Par. Sixth. Pub. L. 87-294, 3, substituted ''superintendent of each
public institution for the education of the blind (or his designee) and
the chief State school officer (or his designee), of each State and
possession of the United States, the Commonwealth of Puerto Rico, and
the District of Columbia, shall'' for ''superintendents of the various
public institutions for the education of the blind in the United States
shall'', and limited the duties of the Board to the administration of
sections 101, 102, and 104 of this title.
1956 -- Par. First. Act Aug. 2, 1956, authorized wider distribution
of books and other special instructional material for the blind.
Amendment by Pub. L. 87-294 effective immediately after Sept. 22,
1961, see section 5 of Pub. L. 87-294, set out as a note under section
101 of this title.
''Secretary of Education'' substituted for ''Secretary of Health,
Education, and Welfare'' in provision preceding par. (1) pursuant to
sections 301(a)(2)(M) and 507 of Pub. L. 96-88, which are classified to
sections 3441(a)(2)(M) and 3507 of this title and which transferred
functions of Secretary of Health, Education, and Welfare under this
chapter to Secretary of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631, set out in the Appendix to Title 5, Government
Organization and Employees. Federal Security Agency and office of
Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Transfer of functions with respect to American Printing House for the
Blind to Federal Security Agency, see note set out under section 101 of
this title.
20 USC 103. Publications for National Library for the Blind
TITLE 20 -- EDUCATION
Two copies of each of the publication printed by the American
Printing House for the Blind shall be furnished free of charge to the
National Library for the Blind located at 1729 H Street Northwest,
Washington, District of Columbia.
(Nov. 4, 1919, ch. 93, 1, 41 Stat. 332.)
20 USC 104. Annual reports by trustees
TITLE 20 -- EDUCATION
The trustees of said American Printing House for the Blind shall
annually make to the Secretary of Education a report of the items of
their expenditure of the appropriation aforesaid during the year
preceding their report, and shall annually furnish him with a voucher
from each public or private nonprofit institution for the education of
the blind, showing that the amount of books and tangible apparatus due
has been received.
(Mar. 3, 1879, ch. 186, 4, 20 Stat. 469; June 25, 1906, ch. 3536,
34 Stat. 460; 1939 Reorg. Plan No. II, 201(b), eff. July 1, 1939, 4
F.R. 2732, 53 Stat. 1434; 1953 Reorg. Plan No. 1, 5, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Apr. 13, 1970, Pub. L. 91-230, title
VIII, 811(c), 84 Stat. 195; Oct. 17, 1979, Pub. L. 96-88, title III,
301(a)(2)(M), title V, 507, 93 Stat. 678, 692.)
The word ''appropriation'' substituted in text for ''income'' to
conform to the modification of act Mar. 3, 1879, by act June 25, 1906,
as shown in the note set out under section 101 of this title.
1970 -- Pub. L. 91-230 made provision applicable to a private
nonprofit institution.
''Secretary of Education'' substituted in text for ''Secretary of
Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M) and
507 of Pub. L. 96-88, which are classified to sections 3441(a)(2)(M)
and 3507 of this title and which transferred functions of Secretary of
Health, Education, and Welfare under this chapter to Secretary of
Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in Appendix to Title
5, Government Organization and Employees. Federal Security Agency and
office of Administrator abolished by section 8 of Reorg. Plan No. 1 of
1953.
Transfer of functions with respect to American Printing House for the
Blind to Federal Security Agency, see note set out under section 101 of
this title.
20 USC 105. Books for Library of Congress
TITLE 20 -- EDUCATION
The distribution of embossed books manufactured by the American
Printing House for the Blind at Louisville, Kentucky, out of the income
of the fund provided by sections 101, 102, and 104 of this title, shall
include one copy of every book so manufactured to be deposited in the
Library of Congress at Washington.
(Mar. 4, 1913, ch. 142, 1, 37 Stat. 748.)
20 USC 106. Purchases through the General Services Administration
TITLE 20 -- EDUCATION
On and after September 8, 1978, the American Printing House for the
Blind is authorized to make purchases through the General Services
Administration.
(Pub. L. 95-355, title I, 100, Sept. 8, 1978, 92 Stat. 531.)
Section is from the Second Supplemental Appropriations Act, 1978, and
contained additional provisions relating to purchases by Howard
University, Gallaudet University, and the National Technical Institute
for the Deaf, which are set out in sections 130 and 4362 of this title.
20 USC 106a. Financial and program audit by Secretary
TITLE 20 -- EDUCATION
Funds appropriated in this Act or subsequent Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Acts to the American Printing House for the Blind shall
be subject to financial and program audit by the Secretary of Education
and the Secretary may withhold all or any portion of these
appropriations if he determines that an institution has not cooperated
fully in the conduct of such audits.
(Pub. L. 102-394, title III, 301, Oct. 6, 1992, 106 Stat. 1819.)
Section is from the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 1993, and
contained additional provisions relating to Howard University, Gallaudet
University, and the National Technical Institute for the Deaf, which are
set out as sections 130a and 4363 of this title, respectively.
20 USC CHAPTER 6A -- VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS
TITLE 20 -- EDUCATION
Sec.
107. Operation of vending facilities.
(a) Authorization.
(b) Preferences regulations; justification for limitation on
operation.
107a. Federal and State responsibilities.
(a) Functions of Secretary; surveys; designation of State licensing
agencies; qualifications for license; evaluation of programs.
(b) Duty of State licensing agencies to prefer blind.
(c) Selection of location and type of facility.
(d) Buildings occupied by United States departments, agencies, and
instrumentalities required to provide sites for facilities; exceptions.
(e) State licensing agency in States having vocational rehabilitation
plans.
107b. Application for designation as State licensing agency;
cooperation with Secretary; furnishing initial stock.
107b-1. Access to information with State licensing agencies;
election and responsibilities of Committee of Blind Vendors.
107b-2. Omitted.
107b-3. Audit of nonappropriated fund activities.
107c. Repealed.
107d. Expenditures.
(a) Personal services, rent, printing, etc.
(b) Preference to blind persons in employment.
107d-1. Grievances of blind licensees.
(a) Hearing and arbitration.
(b) Noncompliance by Federal departments and agencies; complaints by
State licensing agencies; arbitration.
107d-2. Arbitration.
(a) Notice and hearing.
(b) Composition of panel; designation of chairman; termination of
violations.
(c) Publication of decisions in Federal Register.
(d) Payment of costs by the Secretary.
107d-3. Vending machine income.
(a) Accrual to blind licensee and alternatively to State agency;
ceiling on amount for individual licensee.
(b) Direct competition between vending machine and vending facility;
proportion of accrued income from such vending machines for individual
licensee.
(c) Disposal of accrued vending machine income by State licensing
agency.
(d) Income from vending machines in certain locations excepted.
(e) Regulations establishing priority for operation of cafeterias.
(f) Existing arrangements more favorable to blind licensees
unaffected.
(g) Regulations for compliance.
107d-4. Training programs for maximum vocational potential for
blind.
107e. Definitions.
107e-1. Repealed.
107f. Authorization of appropriations.
20 USC 107. Operation of vending facilities
TITLE 20 -- EDUCATION
(a) Authorization
For the purposes of providing blind persons with remunerative
employment, enlarging the economic opportunities of the blind, and
stimulating the blind to greater efforts in striving to make themselves
self-supporting, blind persons licensed under the provisions of this
chapter shall be authorized to operate vending facilities on any Federal
property.
(b) Preferences regulations; justification for limitation on
operation
In authorizing the operation of vending facilities on Federal
property, priority shall be given to blind persons licensed by a State
agency as provided in this chapter; and the Secretary, through the
Commissioner, shall, after consultation with the Administrator of
General Services and other heads of departments, agencies, or
instrumentalities of the United States in control of the maintenance,
operation, and protection of Federal property, prescribe regulations
designed to assure that --
(1) the priority under this subsection is given to such licensed
blind persons (including assignment of vending machine income pursuant
to section 107d-3 of this title to achieve and protect such priority),
and
(2) wherever feasible, one or more vending facilities are established
on all Federal property to the extent that any such facility or
facilities would not adversely affect the interests of the United
States.
Any limitation on the placement or operation of a vending facility
based on a finding that such placement or operation would adversely
affect the interests of the United States shall be fully justified in
writing to the Secretary, who shall determine whether such limitation is
justified. A determination made by the Secretary pursuant to this
provision shall be binding on any department, agency, or instrumentality
of the United States affected by such determination. The Secretary
shall publish such determination, along with supporting documentation,
in the Federal Register.
(June 20, 1936, ch. 638, 1, 49 Stat. 1559; Aug. 3, 1954, ch. 655,
4(a), 68 Stat. 663; Dec. 7, 1974, Pub. L. 93-516, title II, 202, 88
Stat. 1623; Nov. 21, 1974, Pub. L. 93-651, title II, 202, 89 Stat.
2-8.)
The content of Pub. L. 93-516, including provisions thereof which
amended and enacted various sections of this chapter, were originally
contained in H.R. 14225, 93rd Congress, Second Session, which was
pocket-vetoed during the 31-day intrasession adjournment of the 93rd
Congress for the Congressional elections in November, 1974. See 1974
Amendment note below.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this chapter should be
deemed to have been amended by Pub. L. 93-651, Nov. 21, 1974, 89 Stat.
2-3, in exactly the same manner as it was amended by Pub. L. 93-516.
1974 -- Subsec. (a). Pub. L. 93-516 designated first sentence of
existing provisions as subsec. (a), substituted ''purposes'' for
''purpose'', ''vending facilities'' for ''vending stands'', and struck
out ''where such vending stands may be properly and satisfactorily
operated by blind persons''. An identical amendment was made by Pub.
L. 93-651. See Codification note above.
Subsec. (b). Pub. L. 93-516 designated second sentence of existing
provisions as subsec. (b), in the provisions preceding par. (1) of
subsec. (b) as so designated, substituted reference to vending
facilities for reference to vending stands, substituted provisions
requiring that priority be given to blind persons for provisions
requiring that preference be given so far as feasible to blind persons,
substituted provisions authorizing the Secretary after consultation with
the Administrator of General Services, and other heads of departments,
agencies, or instrumentalities of the United States in control of
maintenance, operation, and protection of Federal property to prescribe
regulations for provisions authorizing the head of each department or
agency in control of the maintenance, operation, and protection of
Federal property after consultation with the Secretary and with the
approval of the President to prescribe regulations, struck out
provisions that such regulations assure such preference including
assignment of vending machine income to achieve and protect such
preference for such blind persons without unduly inconveniencing such
departments and agencies or adversely affecting the interests of the
United States, and added pars. (1) and (2) and provisions following
par. (2). An identical amendment was made by Pub. L. 93-651. See
Codification note above.
1954 -- Act Aug. 3, 1954, provided that in authorizing the operation
of vending stands preference shall be given, so far as feasible, to
blind persons.
Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8
of act Aug. 3, 1954.
Section 200 of title II of Pub. L. 93-516 provided that: ''This
title (enacting sections 107b-1 to 107b-3 and 107d-1 to 107d-4 of this
title, amending this section, sections 107a, 107b, 107d, 107e of this
title, and section 5108 of Title 5, Government Organization and
Employees, repealing sections 107c and 107e-1 of this title, and
enacting provisions set out as notes under this section and section 702
of Title 29, Labor) may be cited as the 'Randolph-Sheppard Act
Amendments of 1974'.''
An identical provision is in section 200 of Pub. L. 93-651. See
Codification note above.
Section 1 of act Aug. 3, 1954, provided that: ''This Act (enacting
section 107e-1 of this title and amending this section and sections
107a, 107b, 107e, and 107f of this title and sections 31 to 41, 42, 49b,
and 49g of Title 29, Labor) may be cited as the 'Vocational
Rehabilitation Amendments of 1954'.''
Act June 20, 1936, ch. 638, 49 Stat. 1559, which enacted this
chapter, is popularly known as the ''Randolph-Sheppard Vending Stand
Act''. It is also known as the ''Randolph-Sheppard Act''.
Section 201 of Pub. L. 93-516 provided that: ''The Congress finds
--
''(1) after review of the operation of the blind vending stand
program authorized under the Randolph-Sheppard Act of June 20, 1936
(this chapter), that the program has not developed, and has not been
sustained, in the manner and spirit in which the Congress intended at
the time of its enactment, and that, in fact, the growth of the program
has been inhibited by a number of external forces;
''(2) that the potential exists for doubling the number of blind
operators on Federal and other property under the Randolph-Sheppard
program within the next five years, provided the obstacles to growth are
removed, that legislative and administrative means exist to remove such
obstacles, and that Congress should adopt legislation to that end; and
''(3) that at a minimum the following actions must be taken to insure
the continued vitality and expansion of the Randolph-Sheppard program --
''(A) establish uniformity of treatment of blind vendors by all
Federal departments, agencies, and instrumentalities,
''(B) establish guidelines for the operation of the program by State
licensing agencies,
''(C) require coordination among the several entities with
responsibility for the program,
''(D) establish a priority for vending facilities operated by blind
vendors on Federal property,
''(E) establish administrative and judicial procedures under which
fair treatment of blind vendors, State licensing agencies, and the
Federal Government is assured,
''(F) require stronger administration and oversight functions in the
Federal office carrying out the program, and
''(G) accomplish other legislative and administrative objectives
which will permit the Randolph-Sheppard program to flourish.''
An identical provision is in section 201 of Pub. L. 93-651. See
Codification note above.
Seeing-eye dogs for blind veterans, see section 1714 of Title 38,
Veterans' Benefits.
20 USC 107a. Federal and State responsibilities
TITLE 20 -- EDUCATION
(a) Functions of Secretary; surveys; designation of State licensing
agencies; qualifications for license; evaluation of programs
The Secretary of Education shall --
(1) Insure that the Rehabilitation Services Administration is the
principal agency for carrying out this chapter; and the Commissioner
shall, within one hundred and eighty days after enactment of the
Randolph-Sheppard Act Amendments of 1974, establish requirements for the
uniform application of this chapter by each State agency designated
under paragraph (5) of this subsection, including appropriate accounting
procedures, policies on the selection and establishment of new vending
facilities, distribution of income to blind vendors, and the use and
control of set-aside funds under section 107b(3) of this title;
(2) Through the Commissioner, make annual surveys of concession
vending opportunities for blind persons on Federal and other property in
the United States, particularly with respect to Federal property under
the control of the General Services Administration, the Department of
Defense, and the United States Postal Service;
(3) Make surveys throughout the United States of industries with a
view to obtaining information that will assist blind persons to obtain
employment;
(4) Make available to the public, and especially to persons and
organizations engaged in work for the blind, information obtained as a
result of such surveys;
(5) Designate as provided in section 107b of this title the State
agency for the blind in each State, or, in any State in which there is
no such agency, some other public agency to issue licenses to blind
persons who are citizens of the United States for the operating of
vending facilities on Federal and other property in such State for the
vending of newspapers, periodicals, confections, tobacco products,
foods, beverages, and other articles or services dispensed automatically
or manually and prepared on or off the premises in accordance with all
applicable health laws, as determined by the State licensing agency, and
including the vending or exchange of chances for any lottery authorized
by State law and conducted by an agency of a State; and
(6) Through the Commission, /1/ (A) conduct periodic evaluations of
the program authorized by this chapter, including upward mobility and
other training required by section 107d-4 of this title, and annually
submit to the appropriate committees of Congress a report based on such
evaluations, and (B) take such other steps, including the issuance of
such rules and regulations, as may be necessary or desirable in carrying
out the provisions of this chapter.
(b) Duty of State licensing agencies to prefer blind
The State licensing agency shall, in issuing each such license for
the operation of a vending facility, give preference to blind persons
who are in need of employment. Each such license shall be issued for an
indefinite period but may be terminated by the State licensing agency if
it is satisfied that the facility is not being operated in accordance
with the rules and regulations prescribed by such licensing agency.
Such licenses shall be issued only to applicants who are blind within
the meaning of section 107e of this title.
(c) Selection of location and type of facility
The State licensing agency designated by the Secretary is authorized,
with the approval of the head of the department or agency in control of
the maintenance, operation, and protection of the Federal property on
which the facility is to be located but subject to regulations
prescribed pursuant to section 107 of this title, to select a location
for such facility and the type of facility to be provided.
(d) Buildings occupied by United States departments, agencies, and
instrumentalities required to provide sites for facilities; exceptions
(1) After January 1, 1975, no department, agency, or instrumentality
of the United States shall undertake to acquire by ownership, rent,
lease, or to otherwise occupy, in whole or in part, any building unless,
after consultation with the head of such department, agency, or
instrumentality and the State licensing agency, it is determined by the
Secretary that (A) such building includes a satisfactory site or sites
for the location and operation of a vending facility by a blind person,
or (B) if a building is to be constructed, substantially altered, or
renovated, or in the case of a building that is already occupied on such
date by such department, agency, or instrumentality, is to be
substantially altered or renovated for use by such department, agency,
or instrumentality, the design for such construction, substantial
alteration, or renovation includes a satisfactory site or sites for the
location and operation of a vending facility by a blind person. Each
such department, agency, or instrumentality shall provide notice to the
appropriate State licensing agency of its plans for occupation,
acquisition, renovation, or relocation of a building adequate to permit
such State agency to determine whether such building includes a
satisfactory site or sites for a vending facility.
(2) The provisions of paragraph (1) shall not apply (A) when the
Secretary and the State licensing agency determine that the number of
people using the property is or will be insufficient to support a
vending facility, or (B) to any privately owned building, any part of
which is leased by any department, agency, or instrumentality of the
United States and in which, (i) prior to the execution of such lease,
the lessor or any of his tenants had in operation a restaurant or other
food facility in a part of the building not included in such lease, and
(ii) the operation of such a vending facility by a blind person would be
in proximate and substantial direct competition with such restaurant or
other food facility except that each such department, agency, and
instrumentality shall make every effort to lease property in privately
owned buildings capable of accommodating a vending facility.
(3) For the purposes of this subsection, the term ''satisfactory
site'' means an area determined by the Secretary to have sufficient
space, electrical and plumbing outlets, and such other facilities as the
Secretary may by regulation prescribe, for the location and operation of
a vending facility by a blind person.
(e) State licensing agency in States having vocational rehabilitation
plans
In any State having an approved plan for vocational rehabilitation
pursuant to the Vocational Rehabilitation Act or the Rehabilitation Act
of 1973 (29 U.S.C. 701 et seq.), the State licensing agency designated
under paragraph (5) of subsection (a) of this section shall be the State
agency designated under section 101(a)(1)(A) of such Rehabilitation Act
of 1973 (29 U.S.C. 721(a)(1)(A)).
(June 20, 1936, ch. 638, 2, 49 Stat. 1559; 1939 Reorg. Plan No. I,
201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1946 Reorg.
Plan No. 2, 6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953
Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat.
631; Aug. 3, 1954, ch. 655, 4(b)-(d), 68 Stat. 663; Dec. 7, 1974,
Pub. L. 93-516, title II, 203, 88 Stat. 1623; Nov. 21, 1974, Pub. L.
93-651, title II, 203, 89 Stat. 2-8; Oct. 17, 1979, Pub. L. 96-88,
title III, 301(a)(4)(B), title V, 507, 93 Stat. 678, 692.)
For the date of the enactment of the Randolph-Sheppard Act Amendments
of 1974, referred to in subsec. (a)(1), see Codification note below.
The Vocational Rehabilitation Act, referred to in subsec. (e), is
act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which was
classified to chapter 4 ( 31 et seq.) of Title 29, Labor, and was
repealed by Pub. L. 93-112, title V, 500(a), Sept. 26, 1973, 87 Stat.
357. Such section 500, classified to section 790 of Title 29, provides
in part that references to the Vocational Rehabilitation Act in any
other provision of law shall be deemed to be references to the
Rehabilitation Act of 1973.
The Rehabilitation Act of 1973, referred to in subsec. (e), is Pub.
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
classified principally to chapter 16 ( 701 et seq.) of Title 29, Labor.
For complete classification of this Act to the Code, see Short Title
note set out under section 701 of Title 29 and Tables.
The content of Pub. L. 93-516, including provisions of section 203
thereof which amended this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974. See 1974 Amendment note
below.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 1422 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been amended by Pub. L. 93-651, title II, 203, Nov.
21, 1974, 89 Stat. 2-8, 2-9, in exactly the same manner as it was
amended by Pub. L. 93-516, Dec. 7, 1974, 88 Stat. 1617.
1974 -- Subsec. (a)(1). Pub. L. 93-516, 203(a)(1), added par. (1).
Former par. (1) redesignated (2). An identical amendment was made by
Pub. L. 93-651. See Codification note above.
Subsec. (a)(2). Pub. L. 93-516, 203(a)(1), (2), redesignated former
par. (1) as (2) and substituted ''Through the Commissioner, make annual
surveys of concessions vending opportunities for blind persons on
Federal and other property in the United States, particularly with
respect to Federal property under the control of the General Services
Administration, the Department of Defense, and the United States Postal
Service'' for ''Make surveys of concession-stand opportunities for blind
persons on Federal and other property in the United States''. Former
par. (2) redesignated (3). An identical amendment was made by Pub. L.
93-651. See Codification note above.
Subsec. (a)(3). Pub. L. 93-516, 203(a)(1), redesignated former par.
(2) as (3). Former par. (3) redesignated (4). An identical amendment
was made by Pub. L. 93-651. See Codification note above.
Subsec. (a)(4). Pub. L. 93-516, 203(a)(1), redesignated former par.
(3) as (4). Former par. (4) redesignated (5). An identical amendment
was made by Pub. L. 93-651. See Codification note above.
Subsec. (a)(5). Pub. L. 93-516, 203(a)(1), (3), redesignated former
par. (4) as (5), substituted ''State agency for the blind in each
State, or, in any State in which there is no such agency, some other
public agency to issue licenses to blind persons who are citizens of the
United States for the operating of vending facilities'' for ''State
commission for the blind in each State, or, in any State in which there
is no such commission, some other public agency to issue licenses to
blind persons who are citizens of the United States and at least
twenty-one years of age for the operating of vending stands'', and
''foods, beverages, and other articles or services dispensed
automatically or manually and prepared on or off the premises in
accordance with all applicable health laws, as determined by the State
licensing agency, and including the vending or exchange of chances for
any lottery authorized by State law and conducted by an agency of a
State'' for ''articles dispensed automatically or in containers or
wrapping in which they are placed before receipt by the vending stand,
and such other articles as may be approved for each property by the
department or agency in control of the maintenance, operation, and
protection thereof and the State licensing agency in accordance with the
regulations prescribed pursuant to section 107 of this title'', and
struck out proviso that effective four years after the enactment of the
Vocational Rehabilitation Amendments of 1954, in States having an
approved plan for vocational rehabilitation pursuant to the Vocational
Rehabilitation Act, the licensing agency to be designated hereunder
shall be the State agency designated pursuant to section 35(a)(1) of
title 29 as the sole agency with respect to vocational rehabilitation of
the blind, and that prior to such time, no license shall be granted
except upon certification by a vocational rehabilitation agency that the
individual is qualified to operate a vending stand. An identical
amendment was made by Pub. L. 93-651. See Codification note above.
Subsec. (a)(6). Pub. L. 93-516, 203(a)(1), (4), redesignated former
par. (5) as (6), substantially reenacted existing provisions in cl.
(B), and added cl. (A) and provisions preceding cl. (A). An identical
amendment was made by Pub. L. 93-651. See Codification note above.
Subsec. (b). Pub. L. 93-516, 203(b), substituted ''operation of a
vending facility'' for ''operation of a vending stand'', struck out one
year residency requirement for giving preference, and in provisions
relating to qualifications of applicants, struck out ''but are able, in
spite of such infirmity, to operate such stands''. An identical
amendment was made by Pub. L. 93-651. See Codification note above.
Subsec. (c). Pub. L. 93-516, 203(c), substituted ''facility'' for
''stand'' in three places. An identical amendment was made by Pub. L.
93-651. See Codification note above.
Subsecs. (d), (e). Pub. L. 93-516, 203(d), added subsecs. (d) and
(e). An identical amendment was made by Pub. L. 93-651. See
Codification note above.
1954 -- Act Aug. 3, 1954, added to the list of articles which may be
vended, articles dispensed automatically or in containers or wrappings
received by the stand and to provide that after four years the agency
designated under section 35(a)(1) of title 29 shall be the sole State
agency for vocational rehabilitation of the blind and to require, prior
to that time, certification by agencies as a condition for issuing
licenses.
Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8
of act Aug. 3, 1954.
''Secretary of Education'' substituted for ''Secretary of Health,
Education, and Welfare'' in subsec. (a) pursuant to sections
301(a)(4)(B) and 507 of Pub. L. 96-88 which are classified to sections
3441(a)(4)(B) and 3507 of this title and which transferred functions of
Secretary of Health, Education, and Welfare under this chapter to
Secretary of Education.
For transfer of functions and offices of Secretary and Department of
Health, Education, and Welfare, including Rehabilitation Services
Administration and Commissioner thereof, to Secretary and Department of
Education, and for delegation of certain functions of Secretary of
Education under this chapter to Assistant Secretary for Special
Education and Rehabilitative Services, see sections 3417 and 3441 of
this title.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
''Federal Security Administrator'' substituted for ''Office of
Education under the Federal Security Agency, subject to the direction of
the Commissioner of Education and such rules and regulations as he may,
with the approval of the Federal Security Administrator, prescribe'' in
subsec. (a) and for ''Office of Education'' in subsec. (c) by Reorg.
Plan No. 2 of 1946, set out in the Appendix to Title 5, which
transferred functions of Office of Education and Commissioner of
Education under sections 107 to 107f of this title to Federal Security
Administrator. Federal Security Agency Order 62, July 16, 1946, 11 F.R.
7943, provided that these functions shall be performed under supervision
and direction of Commissioner for Special Services by Director of
Vocational Rehabilitation and such officers and employees of Office of
Vocational Rehabilitation as Director shall designate.
Office of Education originally established in Department of the
Interior from which it was transferred to Federal Security Agency by
Reorg. Plan No. I of 1939, 201, which is set out in the Appendix to
Title 5.
/1/ So in original. Probably should be ''Commissioner,''.
20 USC 107b. Application for designation as State licensing agency;
cooperation with Secretary; furnishing initial stock
TITLE 20 -- EDUCATION
A State agency for the blind or other State agency desiring to be
designated as the licensing agency shall, with the approval of the chief
executive of the State, make application to the Secretary and agree --
(1) to cooperate with the Secretary in carrying out the purpose of
this chapter;
(2) to provide for each licensed blind person such vending facility
equipment, and adequate initial stock of suitable articles to be vended
therefrom, as may be necessary: Provided, however, That such equipment
and stock may be owned by the licensing agency for use of the blind, or
by the blind individual to whom the license is issued: And provided
further, That if ownership of such equipment is vested in the blind
licensee, (A) the State licensing agency shall retain a first option to
repurchase such equipment and (B) in the event such individual dies or
for any other reason ceases to be a licensee or transfers to another
vending facility, ownership of such equipment shall become vested in the
State licensing agency (for transfer to a successor licensee) subject to
an obligation on the part of the State licensing agency to pay to such
individual (or to his estate) the fair value of his interest therein as
later determined in accordance with regulations of the State licensing
agency and after opportunity for a fair hearing;
(3) that if any funds are set aside, or caused to be set aside, from
the net proceeds of the operation of the vending facilities such funds
shall be set aside, or caused to be set aside, only to the extent
necessary for and may be used only for the purposes of (A) maintenance
and replacement of equipment; (B) the purchase of new equipment; (C)
management services; (D) assuring a fair minimum return to operators of
vending facilities; and (E) retirement or pension funds, health
insurance contributions, and provision for paid sick leave and vacation
time, if it is determined by a majority vote of blind licensees licensed
by such State agency, after such agency provides to each such licensee
full information on all matters relevant to such proposed program, that
funds under this paragraph shall be set aside for such purposes:
Provided, however, That in no event shall the amount of such funds to be
set aside from the net proceeds of any vending facility exceed a
reasonable amount which shall be determined by the Secretary;
(4) to make such reports in such form and containing such information
as the Secretary may from time to time require and to comply with such
provisions as he may from time to time find necessary to assure the
correctness and verification of such reports;
(5) to issue such regulations, consistent with the provisions of this
chapter, as may be necessary for the operation of this program;
(6) to provide to any blind licensee dissatisfied with any action
arising from the operation or administration of the vending facility
program an opportunity for a fair hearing, and to agree to submit the
grievances of any blind licensee not otherwise resolved by such hearing
to arbitration as provided in section 107d-1 of this title.
(June 20, 1936, ch. 638, 3, 49 Stat. 1560; 1946 Reorg. Plan No. 2,
6, eff. July 16, 1946, 11 F.R 7873, 60 Stat. 1095; 1953 Reorg. Plan
No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 3,
1954, ch. 655, 4(e), 68 Stat. 664; Dec. 7, 1974, Pub. L. 93-516,
title II, 204, 88 Stat. 1625; Nov. 21, 1974, Pub. L. 93-651, title II,
204, 89 Stat. 2-10.)
The content of Pub. L. 93-516, including provisions of section 204
thereof which amended this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974. See 1974 Amendment note
below.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been amended by Pub. L. 93-651, title II, 204, Nov.
21, 1974, 89 Stat. 2-10, in exactly the same manner as it was amended
by Pub. L. 93-516.
1974 -- Pub. L. 93-516, 204(a)(1), substituted ''A State agency''
for ''A State commission'' in provisions preceding par. (1). An
identical amendment was made by Pub. L. 93-651. See Codification note
above.
Par. (2). Pub. L. 93-516, 204(a)(2), substituted ''vending
facility'' for ''vending stand'' in two places. An identical amendment
was made by Pub. L. 93-651. See Codification note above.
Par. (3). Pub. L. 93-516, 204(a)(2), (b), (c), in provisions
preceding subpar. (A), substituted ''the net proceeds of the operation
of the vending facilities'' for ''the proceeds of the operation of the
vending stands'', in subpar. (D), substituted ''vending facilities''
for ''vending stands'', added subpar. (E), and in proviso following
subpar. (E) substituted ''the net proceeds of any vending facility''
for ''the proceeds of any vending stand''. An identical amendment was
made by Pub. L. 93-651. See Codification note above.
Par. (6). Pub. L. 93-516, 204(a)(3), substituted ''vending facility
program an opportunity for a fair hearing, and to agree to submit the
grievances of any blind licensee not otherwise resolved by such hearing
to arbitration as provided in section 107d-1 of this title'' for
''vending stand program an opportunity for a fair hearing''. An
identical amendment was made by Pub. L. 93-651. See Codification note
above.
1954 -- Act Aug. 3, 1954, amended section generally and, among other
changes, added pars. (3) to (6).
Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8
of act Aug. 3, 1954.
For transfer of functions, see note set out under section 107a of
this title.
20 USC 107b-1. Access to information with State licensing agencies;
election and responsibilities of Committee of Blind Vendors
TITLE 20 -- EDUCATION
In addition to other requirements imposed in this title and in this
chapter upon State licensing agencies, such agencies shall --
(1) provide to each blind licensee access to all relevant financial
data, including quarterly and annual financial reports, on the operation
of the State vending facility program;
(2) conduct the biennial election of a Committee of Blind Vendors who
shall be fully representative of all blind licensees in the State
program, /1/ and
(3) insure that such committee's responsibilities include (A)
participation, with the State agency, in major administrative decisions
and policy and program development, (B) receiving grievances of blind
licensees and serving as advocates for such licensees, (C)
participation, with the State agency, in the development and
administration of a transfer and promotion system for blind licensees,
(D) participation, with the State agency, in developing training and
retraining programs, and (E) sponsorship, with the assistance of the
State agency, of meetings and instructional conferences for blind
licensees.
(Pub. L. 93-516, title II, 209, Dec. 7, 1974, 88 Stat. 1630; Pub.
L. 93-651, title II, 209, Nov. 21, 1974, 89 Stat. 2-15.)
This title, referred to in text, is title II of Pub. L. 93-516, Dec.
7, 1974, 88 Stat. 1617, as amended, known as the ''Randolph-Sheppard
Act Amendments of 1974''. For complete classification of such title to
the Code, see Short Title of 1974 Amendment note set out under section
107 of this title and Tables.
Section was enacted as part of the Randolph-Sheppard Act Amendments
of 1974, and not as part of the Randolph-Sheppard Vending Stand Act
which comprises this chapter.
The content of Pub. L. 93-516, including provisions of section 209
thereof which enacted this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been enacted by Pub. L. 93-651, title II, 209, Nov.
21, 1974, 89 Stat. 2-15, in exactly the same manner as it was enacted
by Pub. L. 93-516.
/1/ So in original. The comma probably should be a semicolon.
20 USC 107b-2. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 93-516, title II, 210, Dec. 7, 1974, 88 Stat.
1630, required the Secretary to promulgate national standards for funds
set aside, to study and report the feasibility of establishing
retirement, pension, and health insurance systems for blind licensees,
and to evaluate the income assignment methods and required the State
agencies to submit certain reports.
The content of Pub. L. 93-516, including provisions of section 210
thereof which enacted this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been enacted by Pub. L. 93-651, title II, 210, Nov.
21, 1974, 89 Stat. 2-15, in exactly the same manner as it was enacted
by Pub. L. 93-516.
20 USC 107b-3. Audit of nonappropriated fund activities
TITLE 20 -- EDUCATION
The Comptroller General is authorized to conduct regular and periodic
audits of all nonappropriated fund activities which receive income from
vending machines on Federal property, under such rules and regulations
as he may prescribe. In the conduct of such audits he and his duly
authorized representatives shall have access to any relevant books,
documents, papers, accounts, and records of such activities as he deems
necessary.
(Pub. L. 93-516, title II, 211, Dec. 7, 1974, 88 Stat. 1630; Pub.
L. 93-651, title II, 211, Nov. 21, 1974, 89 Stat. 2-15.)
Section was enacted as part of the Randolph-Sheppard Act Amendments
of 1974, and not as part of the Randolph-Sheppard Vending Stand Act
which comprises this chapter.
The content of Pub. L. 93-516, including provisions of section 211
thereof which enacted this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been enacted by Pub. L. 93-651, title II, 211, Nov.
21, 1974, 89 Stat. 2-15, in exactly the same manner as it was enacted
by Pub. L. 93-516.
20 USC 107c. Repealed. Pub. L. 93-516, title II, 205, Dec. 7, 1974,
88 Stat. 1626
TITLE 20 -- EDUCATION
Section, act June 20, 1936, ch. 638, 4, 49 Stat. 1560; Reorg.
Plan No. 2 of 1946, 6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat.
1095; Reorg. Plan No. 1 of 1953, 5, 8 eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631, related to provisions authorizing the Secretary to
cooperate with State boards for rehabilitation of handicapped persons,
established by the several States pursuant to sections 31 to 42b of
Title 29, Labor, as amended and supplemented, in carrying out the
provisions of this chapter. See section 701 et seq. of Title 29.
The content of Pub. L. 93-516, including provisions of section 205
thereof which repealed this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been repealed by Pub. L. 93-651, title II, 205, Nov.
21, 1974, 89 Stat. 2-11, in exactly the same manner as it was repealed
by Pub. L. 93-516.
20 USC 107d. Expenditures
TITLE 20 -- EDUCATION
(a) Personal services, rent, printing, etc.
The Secretary is authorized to make such expenditures out of any
money appropriated therefor (including expenditures for personal
services and rent at the seat of government and elsewhere, books of
reference and periodicals, for printing and binding, and for traveling
expenses) as he may deem necessary to carry out the provisions of this
chapter.
(b) Preference to blind persons in employment
The Secretary shall, in employing such additional personnel as may be
necessary, give preference to blind persons who are capable of
discharging the required duties.
(June 20, 1936, ch. 638, 4, formerly 5, 49 Stat. 1560; 1946 Reorg.
Plan No. 2, 6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953
Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat.
631, renumbered and amended Dec. 7, 1974, Pub. L. 93-516, title II,
206, 208(d), 88 Stat. 1626, 1629; Nov. 21, 1974, Pub. L. 93-651, title
II, 206, 208(d), 89 Stat. 2-11, 2-14.)
The content of Pub. L. 93-516, including provisions of sections 206
and 208(d) thereof which amended and renumbered this section, were
originally contained in H.R. 14225, 93rd Congress, Second Session, which
was pocket-vetoed during the 31-day intrasession adjournment of the 93rd
Congress for the Congressional elections in November, 1974. See 1974
Amendment note below.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been amended and renumbered by Pub. L. 93-651, title
II, 206, 208(d), Nov. 21, 1974, 89 Stat. 2-11, 2-14, in exactly the
same manner as it was amended and renumbered by Pub. L. 93-516.
1974 -- Subsec. (b). Pub. L. 93-516, 208(d), struck out requirement
that at least 50 percent of the additional personnel be blind persons.
An identical amendment was made by Pub. L. 93-651. See Codification
note above.
For transfer of functions, see note set out under section 107a of
this title.
20 USC 107d-1. Grievances of blind licensees
TITLE 20 -- EDUCATION
(a) Hearing and arbitration
Any blind licensee who is dissatisfied with any action arising from
the operation or administration of the vending facility program may
submit to a State licensing agency a request for a full evidentiary
hearing, which shall be provided by such agency in accordance with
section 107b(6) of this title. If such blind licensee is dissatisfied
with any action taken or decision rendered as a result of such hearing,
he may file a complaint with the Secretary who shall convene a panel to
arbitrate the dispute pursuant to section 107d-2 of this title, and the
decision of such panel shall be final and binding on the parties except
as otherwise provided in this chapter.
(b) Noncompliance by Federal departments and agencies; complaints by
State licensing agencies; arbitration
Whenever any State licensing agency determines that any department,
agency, or instrumentality of the United States that has control of the
maintenance, operation, and protection of Federal property is failing to
comply with the provisions of this chapter or any regulations issued
thereunder (including a limitation on the placement or operation of a
vending facility as described in section 107(b) of this title and the
Secretary's determination thereon) such licensing agency may file a
complaint with the Secretary who shall convene a panel to arbitrate the
dispute pursuant to section 107d-2 of this title, and the decision of
such panel shall be final and binding on the parties except as otherwise
provided in this chapter.
(June 20, 1936, ch. 638, 5, as added Dec. 7, 1974, Pub. L. 93-516,
title II, 206, 88 Stat. 1626; Nov. 21, 1974, Pub. L. 93-651, title II,
206, 89 Stat. 2-11.)
The content of Pub. L. 93-516, including provisions of section 206
thereof which enacted this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been enacted by Pub. L. 93-651, title II, 206, Nov.
21, 1974, 89 Stat. 2-11, in exactly the same manner as it was enacted
by Pub. L. 93-516.
A prior section 5 of act of June 20, 1936, which was classified to
section 107d of this title was renumbered section 4 by Pub. L. 93-516,
206.
20 USC 107d-2. Arbitration
TITLE 20 -- EDUCATION
(a) Notice and hearing
Upon receipt of a complaint filed under section 107d-1 of this title,
the Secretary shall convene an ad hoc arbitration panel as provided in
subsection (b) of this section. Such panel shall, in accordance with
the provisions of subchapter II of chapter 5 of title 5, give notice,
conduct a hearing, and render its decision which shall be subject to
appeal and review as a final agency action for purposes of chapter 7 of
such title 5.
(b) Composition of panel; designation of chairman; termination of
violations
(1) The arbitration panel convened by the Secretary to hear
grievances of blind licensees shall be composed of three members
appointed as follows:
(A) one individual designated by the State licensing agency;
(B) one individual designated by the blind licensee; and
(C) one individual, not employed by the State licensing agency or,
where appropriate, its parent agency, who shall serve as chairman,
jointly designated by the members appointed under subparagraphs (A) and
(B).
If any party fails to designate a member under subparagraph (1)(A),
(B), or (C), the Secretary shall designate such member on behalf of such
party.
(2) The arbitration panel convened by the Secretary to hear
complaints filed by a State licensing agency shall be composed of three
members appointed as follows:
(A) one individual, designated by the State licensing agency;
(B) one individual, designated by the head of the Federal department,
agency, or instrumentality controlling the Federal property over which
the dispute arose; and
(C) one individual, not employed by the Federal department, agency,
or instrumentality controlling the Federal property over which the
dispute arose, who shall serve as chairman, jointly designated by the
members appointed under subparagraphs (A) and (B).
If any party fails to designate a member under subparagraph (2)(A),
(B), or (C), the Secretary shall designate such member on behalf of such
party. If the panel appointed pursuant to paragraph (2) finds that the
acts or practices of any such department, agency, or instrumentality are
in violation of this chapter, or any regulation issued thereunder, the
head of any such department, agency, or instrumentality shall cause such
acts or practices to be terminated promptly and shall take such other
action as may be necessary to carry out the decision of the panel.
(c) Publication of decisions in Federal Register
The decisions of a panel convened by the Secretary pursuant to this
section shall be matters of public record and shall be published in the
Federal Register.
(d) Payment of costs by the Secretary
The Secretary shall pay all reasonable costs of arbitration under
this section in accordance with a schedule of fees and expenses he shall
publish in the Federal Register.
(June 20, 1936, ch. 638, 6, as added Dec. 7, 1974, Pub. L. 93-516,
title II, 206, 88 Stat. 1626; Nov. 21, 1974, Pub. L. 93-651, title II,
206, 89 Stat. 2-11.)
The content of Pub. L. 93-516, including provisions of section 206
thereof which enacted this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been enacted by Pub. L. 93-651, title II, 206, Nov.
21, 1974, 89 Stat. 2-11, in exactly the same manner as it was enacted
by Pub. L. 93-516.
A prior section 6 of act June 20, 1936, which was classified to
section 107e of this title, was renumbered section 9 by Pub. L.
93-516, 206.
20 USC 107d-3. Vending machine income
TITLE 20 -- EDUCATION
(a) Accrual to blind licensee and alternatively to State agency;
ceiling on amount for individual licensee
In accordance with the provisions of subsection (b) of this section,
vending machine income obtained from the operation of vending machines
on Federal property shall accrue (1) to the blind licensee operating a
vending facility on such property, or (2) in the event there is no blind
licensee operating such facility on such property, to the State agency
in whose State the Federal property is located, for the uses designated
in subsection (c) of this section, except that with respect to income
which accrues under clause (1) of this subsection, the Commissioner may
prescribe regulations imposing a ceiling on income from such vending
machines for an individual blind licensee. In the event such a ceiling
is imposed, no blind licensee shall receive less vending machine income
under such ceiling than he was receiving on January 1, 1974. No
limitation shall be imposed on income from vending machines, combined to
create a vending facility, which are maintained, serviced, or operated
by a blind licensee. Any amounts received by a blind licensee that are
in excess of the amount permitted to accrue to him under any ceiling
imposed by the Commissioner shall be disbursed to the appropriate State
agency under clause (2) of this subsection and shall be used by such
agency in accordance with subsection (c) of this section.
(b) Direct competition between vending machine and vending facility;
proportion of accrued income from such vending machines for individual
licensee
(1) After January 1, 1975, 100 per centum of all vending machine
income from vending machines on Federal property which are in direct
competition with a blind vending facility shall accrue as specified in
subsection (a) of this section. ''Direct competition'' as used in this
section means the existence of any vending machines or facilities
operated on the same premises as a blind vending facility except that
vending machines or facilities operated in areas serving employees the
majority of whom normally do not have direct access to the blind vending
facility shall not be considered in direct competition with the blind
vending facility. After January 1, 1975, 50 per centum of all vending
machine income from vending machines on Federal property which are not
in direct competition with a blind vending facility shall accrue as
specified in subsection (a) of this section, except that with respect to
Federal property at which at least 50 per centum of the total hours
worked on the premises occurs during periods other than normal working
hours, 30 per centum of such income shall so accrue.
(2) The head of each department, agency, and instrumentality of the
United States shall insure compliance with this section with respect to
buildings, installations, and facilities under his control, and shall be
responsible for collection of, and accounting for, such vending machine
income.
(c) Disposal of accrued vending machine income by State licensing
agency
All vending machine income which accrues to a State licensing agency
pursuant to subsection (a) of this section shall be used to establish
retirement or pension plans, for health insurance contributions, and for
provision of paid sick leave and vacation time for blind licensees in
such State, subject to a vote of blind licensees as provided under
section 107b(3)(E) of this title. Any vending machine income remaining
after application of the first sentence of this subsection shall be used
for the purposes specified in sections 107b(3)(A), (B), (C), and (D) of
this title, and any assessment charged to blind licensees by a State
licensing agency shall be reduced pro rata in an amount equal to the
total of such remaining vending machine income.
(d) Income from vending machines in certain locations excepted
Subsections (a) and (b)(1) of this section shall not apply to income
from vending machines within retail sales outlets under the control of
exchange or ships' stores systems authorized by title 10, or to income
from vending machines operated by the Veterans Canteen Service, or to
income from vending machines not in direct competition with a blind
vending facility at individual locations, installations, or facilities
on Federal property the total of which at such individual locations,
installations, or facilities does not exceed $3,000 annually.
(e) Regulations establishing priority for operation of cafeterias
The Secretary, through the Commissioner, shall prescribe regulations
to establish a priority for the operation of cafeterias on Federal
property by blind licensees when he determines, on an individual basis
and after consultation with the head of the appropriate installation,
that such operation can be provided at a reasonable cost with food of a
high quality comparable to that currently provided to employees, whether
by contract or otherwise.
(f) Existing arrangements more favorable to blind licensees
unaffected
This section shall not operate to preclude preexisting or future
arrangements, or regulations of departments, agencies, or
instrumentalities of the United States, under which blind licensees (1)
receive a greater percentage or amount of vending machine income than
that specified in subsection (b)(1) of this section, or (2) receive
vending machine income from individual locations, installations, or
facilities on Federal property the total of which at such individual
locations, installations, or facilities does not exceed $3,000 annually.
(g) Regulations for compliance
The Secretary shall take such action and promulgate such regulations
as he deems necessary to assure compliance with this section.
(June 20, 1936, ch. 638, 7, as added Dec. 7, 1974, Pub. L. 93-516,
title II, 206, 88 Stat. 1627; Nov. 21, 1974, Pub. L. 93-651, title II,
206, 89 Stat. 2-12.)
The content of Pub. L. 93-516, including provisions of section 206
thereof which enacted this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been enacted by Pub. L. 93-651, title II, 206, Nov.
21, 1974, 89 Stat. 2-12, in exactly the same manner as it was enacted
by Pub. L. 93-516.
A prior section 7 of act June 20, 1936, which was classified to
section 107e-1 of this title, was repealed by Pub. L. 93-516, 205.
20 USC 107d-4. Training programs for maximum vocational potential for
blind
TITLE 20 -- EDUCATION
The Commissioner shall insure, through promulgation of appropriate
regulations, that uniform and effective training programs, including
on-the-job training, are provided for blind individuals, through
services under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
He shall further insure that State agencies provide programs for upward
mobility (including further education and additional training or
retraining for improved work opportunities) for all trainees under this
chapter, and that follow-along services are provided to such trainees to
assure that their maximum vocational potential is achieved.
(June 20, 1936, ch. 638, 8, as added Dec. 7, 1974, Pub. L. 93-516,
title II, 206, 88 Stat. 1628; Nov. 21, 1974, Pub. L. 93-651, title II,
206, 89 Stat. 2-13.)
The Rehabilitation Act of 1973, referred to in text, is Pub. L.
93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified
principally to chapter 16 ( 701 et seq.) of Title 29, Labor. For
complete classification of this Act to the Code, see Short Title note
set out under section 701 of Title 29 and Tables.
The content of Pub. L. 93-516, including provisions of section 206
thereof which enacted this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been enacted by Pub. L. 93-651, title II, 206, Nov.
21, 1974, 89 Stat. 2-13, in exactly the same manner as it was enacted
by Pub. L. 93-516.
A prior section 8 of act June 20, 1936, which was classified to
section 107f of this title, was renumbered section 10 by Pub. L.
93-516, 206.
20 USC 107e. Definitions
TITLE 20 -- EDUCATION
As used in this chapter --
(1) ''blind person'' means a person whose central visual acuity does
not exceed 20/200 in the better eye with correcting lenses or whose
visual acuity, if better than 20/200, is accompanied by a limit to the
field of vision in the better eye to such a degree that its widest
diameter subtends an angle of no greater than twenty degrees. In
determining whether an individual is blind, there shall be an
examination by a physician skilled in diseases of the eye, or by an
optometrist, whichever the individual shall select;
(2) ''Commissioner'' means the Commissioner of the Rehabilitation
Services Administration;
(3) ''Federal property'' means any building, land, or other real
property owned, leased, or occupied by any department, agency, or
instrumentality of the United States (including the Department of
Defense and the United States Postal Service), or any other
instrumentality wholly owned by the United States, or by any department
or agency of the District of Columbia or any territory or possession of
the United States;
(4) ''Secretary'' means the Secretary of Education;
(5) ''State'' means a State, territory, possession, Puerto Rico, or
the District of Columbia;
(6) ''United States'' includes the several States, territories, and
possessions of the United States, Puerto Rico, and the District of
Columbia;
(7) ''vending facility'' means automatic vending machines,
cafeterias, snack bars, cart services, shelters, counters, and such
other appropriate auxiliary equipment as the Secretary may by regulation
prescribe as being necessary for the sale of the articles or services
described in section 107a(a)(5) of this title and which may be operated
by blind licensees; and
(8) ''vending machine income'' means receipts (other than those of a
blind licensee) from vending machine operations on Federal property,
after cost of goods sold (including reasonable service and maintenance
costs), where the machines are operated, serviced, or maintained by, or
with the approval of, a department, agency, or instrumentality of the
United States, or commissions paid (other than to a blind licensee) by a
commercial vending concern which operates, services, and maintains
vending machines on Federal property for, or with the approval of, a
department, agency, or instrumentality of the United States.
(June 20, 1936, ch. 638, 9, formerly 6, 49 Stat. 1560; Aug. 3,
1954, ch. 655, 4(f), 68 Stat. 664, renumbered and amended Dec. 7, 1974,
Pub. L. 93-516, title II, 206, 207, 88 Stat. 1626, 1628; Nov. 21,
1974, Pub. L. 93-651, title II, 206, 207, 89 Stat. 2-11, 2-13; Oct.
17, 1979, Pub. L. 96-88, title III, 301(a)(4)(B), title V, 507, 93
Stat. 678, 692.)
The content of Pub. L. 93-516, including provisions of sections 206
and 207 thereof which amended and renumbered this section, were
originally contained in H.R. 14225, 93rd Congress, Second Session, which
was pocket-vetoed during the 31-day intrasession adjournment of the 93rd
Congress for the Congressional elections in November, 1974. See 1974
Amendment note below.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been amended and renumbered by Pub. L. 93-651, title
II, 206, 207, Nov. 21, 1974, 89 Stat. 2-11, 2-13, in exactly the
same manner as it was amended and renumbered by Pub. L. 93-516.
1974 -- Pub. L. 93-516, 207, replaced letter designations with
number designations, inserted definitions of ''Commissioner'', ''vending
facility'', and ''vending machine income'', and in definition of ''blind
person'' substituted provisions that such person meant a person whose
central visual acuity does not exceed 20/200 in the better eye with
correcting lenses or whose visual acuity, if better than 20/200, is
accompanied by a limit to the field of vision in the better eye to such
a degree that its widest diameter subtends an angle of no greater than
twenty degrees, and that in determining whether a person is blind, there
shall be an examination by a physician skilled in diseases of the eye,
or by an optometrist, whichever the individual shall select, for
provisions that such person meant a person having not more than 10 per
centum visual acuity in the better eye with correction and that such
blindness shall be certified by a duly licensed ophthalmologist, in
definition of ''United States'' inserted reference to Puerto Rico, in
definition of ''State'' inserted reference to Puerto Rico, and in
definition of ''Federal property'' inserted reference to Department of
Defense and United States Postal Service. An identical amendment was
made by Pub. L. 93-651. See Codification note above.
1954 -- Subsecs. (d), (e). Act Aug. 3, 1954, added subsecs. (d)
and (e).
Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8
of act Aug. 3, 1954.
''Secretary of Education'' substituted for ''Secretary of Health,
Education, and Welfare'' in par. (4) pursuant to sections 301(a)(4)(B)
and 507 of Pub. L. 96-88 which are classified to sections 3441(a)(4)(B)
and 3507 of this title and which transferred all functions of Secretary
of Health, Education, and Welfare under this chapter to Secretary of
Education.
For transfer of functions and offices of Secretary and Department of
Health, Education, and Welfare, including Rehabilitation Services
Administration and Commissioner thereof, to Secretary and Department of
Education, and for delegation of certain functions of Secretary of
Education under this chapter to Assistant Secretary for Special
Education and Rehabilitative Services, see sections 3417 and 3441 of
this title.
20 USC 107e-1. Repealed. Pub. L. 93-516, title II, 205, Dec. 7,
1974, 88 Stat. 1626
TITLE 20 -- EDUCATION
Section, act June 20, 1936, ch. 638, 7, as added Aug. 3, 1954, ch.
655, 4(g), 68 Stat. 664, related to designation and status of states
acting as licensing agents before July 1, 1954.
The content of Pub. L. 93-516, including provisions of section 205
thereof which repealed this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been repealed by Pub. L. 93-651, title II, 205, Nov.
21, 1974, 89 Stat. 2-11, in exactly the same manner as it was repealed
by Pub. L. 93-516.
20 USC 107f. Authorization of appropriations
TITLE 20 -- EDUCATION
There is authorized to be appropriated such sums as may be necessary
for carrying out the provisions of this chapter.
(June 20, 1936, ch. 638, 10, formerly 7, 49 Stat. 1560, renumbered
8, Aug. 3, 1954, ch. 655, 4(g), 68 Stat. 664, renumbered 10, Dec. 7,
1974, Pub. L. 93-516, title II, 206, 88 Stat. 1626; Nov. 21, 1974,
Pub. L. 93-651, title II, 206, 89 Stat. 2-11.)
The content of Pub. L. 93-516, including provisions of section 206
thereof which renumbered this section, were originally contained in H.R.
14225, 93rd Congress, Second Session, which was pocket-vetoed during the
31-day intrasession adjournment of the 93rd Congress for the
Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353)
H.R. 14225 was deemed to have become law without the approval of the
President on Nov. 21, 1974, and was given the designation Pub. L.
93-651. Therefore, for purposes of codification, this section should be
deemed to have been renumbered by Pub. L. 93-651, title II, 206, Nov.
21, 1974, 89 Stat. 2-11, in exactly the same manner as it was amended
by Pub. L. 93-516, title II, 206, Nov. 21, 1974, 88 Stat. 1626.
20 USC CHAPTER 7 -- INSTRUCTION AS TO NATURE AND EFFECT OF ALCOHOLIC
DRINKS AND NARCOTICS
TITLE 20 -- EDUCATION
Sec.
111. Study in certain schools of effect of alcoholic drinks and
narcotics.
112. Enforcement of section 111.
113. Teachers' certificates dependent on passing examination on
effect of alcoholic drinks and narcotics.
20 USC 111. Study in certain schools of effect of alcoholic drinks and
narcotics
TITLE 20 -- EDUCATION
The nature of alcoholic drinks and narcotics, and special instruction
as to their effects upon the human system, in connection with the
several divisions of the subject of physiology and hygiene, shall be
included in the branches of study taught in the common or public
schools, and in the military and naval schools, and shall be studied and
taught as thoroughly and in the same manner as other like required
branches are in said schools, by the use of textbooks in the hands of
pupils where other branches are thus studied in said schools, and by all
pupils in all said schools throughout the Territories, in the Military
and Naval Academies of the United States, and in the District of
Columbia, and in all Indian and colored schools in the Territories of
the United States.
(May 20, 1886, ch. 362, 1, 24 Stat. 69.)
20 USC 112. Enforcement of section 111
TITLE 20 -- EDUCATION
It shall be the duty of the proper officers in control of any school
described in section 111 of this title to enforce the provisions of this
chapter; and any such officer, school director, committee,
superintendent, or teacher who shall refuse or neglect to comply with
the requirements of this chapter, or shall neglect or fail to make
proper provisions for the instruction required and in the manner
specified by section 111 of this title, for all pupils in each and every
school under his jurisdiction, shall be removed from office, and the
vacancy filled as in other cases.
(May 20, 1886, ch. 362, 2, 24 Stat. 69.)
20 USC 113. Teachers' certificates dependent on passing examination on
effect of alcoholic drinks and narcotics
TITLE 20 -- EDUCATION
No certificate shall be granted to any person to teach in the public
schools of the District of Columbia or Territories who has not passed a
satisfactory examination in physiology and hygiene, with special
reference to the nature and the effects of alcoholic drinks and other
narcotics upon the human system.
(May 20, 1886, ch. 362, 3, 24 Stat. 69.)
20 USC CHAPTER 8 -- HOWARD UNIVERSITY
TITLE 20 -- EDUCATION
Sec.
121. Annual report of president and directors.
122. Limitation on use of appropriations.
123. Annual appropriations; inspection by Secretary of Education.
124. Transfer of Freedmen's Hospital to Howard University.
(a) Purpose; authorization; agreement.
(b) Congressional intent.
(c) Report to Congress.
125. Employees of hospital.
(a) Opportunity to transfer; guarantee of rights and benefits.
(b) Placement of employees in comparable Federal positions.
(c) Services performed in the employ of United States.
126. Authorization of appropriations for construction of hospital
facilities.
127. Transfer of facilities by University or cessation of operation
as teaching hospital facilities; recovery of value by United States.
128. Authorization of appropriations for partial support of
operation of facilities; separate account.
129. Financial policy; report to Congress.
130. Purchases through the General Services Administration.
130a. Financial and program audit by Secretary.
130aa. Definitions.
130aa-1. Program authorized.
130aa-2. Investments.
130aa-3. Withdrawals and expenditures.
(a) Defrayment of expenses; restrictions on use of income or corpus;
limits on withdrawals or expenditures.
(b) Authority of Secretary; withdrawal or expenditure beyond limits;
circumstances demonstrating necessity.
(c) Repayment of Federal share of amounts improperly expended or
withdrawn; endowment fund corpus; income.
130aa-4. Enforcement.
130aa-5. Authorization of appropriations.
20 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 20 -- EDUCATION
20 USC 121. Annual report of president and directors
TITLE 20 -- EDUCATION
The president and directors of Howard University shall report to the
Secretary of Education the condition of the institution on the 1st of
July of each year, embracing therein the number of pupils received and
discharged or leaving the same for any cause during the preceding year,
and the number remaining; also, the branches of knowledge and industry
taught and the progress made therein together with a statement showing
the receipts of the institution and from what sources, and its
disbursements, and for what objects.
(July 1, 1898, ch. 546, 1, 30 Stat. 624; 1940 Reorg. Plan No. IV,
11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; 1953 Reorg. Plan
No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct.
17, 1979, Pub. L. 96-88, title III, 301(a)(2)(M), title V, 507, 93
Stat. 678, 692.)
''Secretary of Education'' substituted in text for ''Secretary of
Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M) and
507 of Pub. L. 96-88, which are classified to sections 3441(a)(2)(M)
and 3507 of this title and which transferred all functions of Secretary
of Health, Education, and Welfare under this subchapter to Secretary of
Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Functions of Department of the Interior relating to administration of
Howard University transferred to Federal Security Agency to be
administered under direction and supervision of Federal Security
Administrator, and annual report required to be furnished to Secretary
of the Interior by President and directors of said University was
directed to be furnished to Federal Security Administrator, by Reorg.
Plan No. IV of 1940, set out in the Appendix to Title 5.
A similar requirement of a report of the expenditures of the
University accompanied the appropriation for the same purposes in the
following prior acts:
Mar. 3, 1893, ch. 208, 27 Stat. 595.
Aug. 5, 1892, ch. 380, 27 Stat. 372.
Mar. 3, 1891, ch. 542, 26 Stat. 973.
20 USC 122. Limitation on use of appropriations
TITLE 20 -- EDUCATION
No part of the appropriations made by Congress for the Howard
University shall be used, directly or indirectly, for the support of the
theological department of said university, nor for the support of any
sectarian, denominational, or religious instruction therein; and no
part thereof shall be paid to said university until it shall accord to
the Secretary of Education, or to his designated agent or agents,
authority to visit and inspect such university and to control and
supervise the expenditure therein of all moneys paid under said
appropriations.
(Mar. 3, 1899, ch. 424, 30 Stat. 1101; 1940 Reorg. Plan No. IV,
11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Oct. 17, 1979, Pub. L. 96-88, title III, 301(a)(2)(M), title V, 507,
93 Stat. 678, 692.)
''Secretary of Education'' substituted in text for ''Secretary of
Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M) and
507 of Pub. L. 96-88, which are classified to sections 3441(a)(2)(M)
and 3507 of this title and which transferred all functions of Secretary
of Health, Education, and Welfare under this subchapter to Secretary of
Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Functions of Department of the Interior relating to administration of
Howard University transferred to Federal Security Agency to be
administered under direction and supervision of Federal Security
Administrator by Reorg. Plan No. IV of 1940, set out as a note in the
Appendix to Title 5.
Substantially the same provision was contained in act July 1, 1898,
ch. 546, 30 Stat. 624.
20 USC 123. Annual appropriations; inspection by Secretary of
Education
TITLE 20 -- EDUCATION
Annual appropriations are authorized to aid in the construction,
development, improvement, endowment, and maintenance of the university,
no part of which shall be used for religious instruction. The
university shall at all times be open to inspection by the Secretary of
Education and shall be inspected by the said Secretary at least once
each year.
(Mar. 2, 1867, ch. 162, 8, 14 Stat. 439; Dec. 13, 1928, ch. 26, 45
Stat. 1021; 1940 Reorg. Plan No. IV, 11(c), eff. June 30, 1940, 5 F.R.
2422, 54 Stat. 1237; Aug. 7, 1946, ch. 770, 1(60), 60 Stat. 871;
Oct. 17, 1979, Pub. L. 96-88, title III, 301(a)(2)(M), title V, 507,
93 Stat. 678, 692; Oct. 17, 1984, Pub. L. 98-480, title II, 208, 98
Stat. 2247.)
1984 -- Pub. L. 98-480 inserted ''endowment,'' after
''improvement,''.
1946 -- Act Aug. 7, 1946, repealed third sentence which required
that an annual report of the affairs of the university be presented to
Congress in the report of Office of Education.
1928 -- Act Dec. 13, 1928, authorized annual appropriations for the
university, prohibited use of funds for religious instruction, made the
university subject to inspection at least once a year by the Bureau of
Education, and substituted provision that the annual report of the
university's affairs be presented to Congress by the Bureau for
provision that the Board of Trustees publish such an annual report.
Amendment by Pub. L. 98-480 effective Oct. 1, 1984, see section 209
of Pub. L. 98-480, set out as an Effective Date note under section
130aa of this title.
''Secretary of Education'' substituted in text for ''Secretary of
Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M) and
507 of Pub. L. 96-88 which are classified to sections 3441(a)(2)(M) and
3507 of this title and which transferred all functions of Secretary of
Health, Education, and Welfare under this subchapter to Secretary of
Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631, set out in the Appendix to Title 5, Government
Organization and Employees. Federal Security Agency and office of
Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Office of Education transferred to Federal Security Agency by Reorg.
Plan No. I of 1939, 201, 204, eff. July 1, 1939, set out in the
Appendix to Title 5.
Office of Education created and placed in Department of the Interior
by the act of July 20, 1868, ch. 176, 15 Stat. 106, which abolished
the Department of Education. In the appropriation act of July 12, 1870,
ch. 251, 16 Stat. 242, the Office was designated the Bureau of
Education. This designation was retained until the act of May 14, 1930,
ch. 273, 46 Stat. 281, 319, which made appropriations for the ''Office
of Education.''
Office of Education was directed to continue its inspections of
Howard University in accordance with provisions of existing law, by
Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5,
Government Organization and Employees.
20 USC 124. Transfer of Freedmen's Hospital to Howard University
TITLE 20 -- EDUCATION
(a) Purpose; authorization; agreement
For the purpose of assisting in the provision of teaching hospital
resources for Howard University, thereby assisting the university in the
training of medical and allied personnel and in providing hospital
services for the community, the Secretary of Health, Education, and
Welfare shall, pursuant to agreement with the board of trustees of
Howard University, transfer to Howard University, without reimbursement,
all right, title, and interest of the United States in certain lands in
the District of Columbia, together with the buildings and improvements
thereon and the personal property used in connection therewith (as
determined by the Secretary), commonly known as Freedmen's Hospital.
(b) Congressional intent
It is the intent of Congress (1) that the transfer of Freedmen's
Hospital to Howard University be effected as soon as practicable, (2) to
assure the well-being of patients at Freedmen's Hospital during the
period of transition, and (3) that the transfer be effected with minimum
dislocation of the present hospital staff and maximum consideration of
their interests as employees.
(c) Report to Congress
The Secretary of Health, Education, and Welfare shall report to the
Congress the terms of the agreement for such transfer.
(Pub. L. 87-262, 1, Sept. 21, 1961, 75 Stat. 542.)
Functions of Secretary of Health, Education, and Welfare under laws
relating to relationship between Howard University and Department of
Health, Education, and Welfare transferred to Secretary of Education by
section 3441(a)(2)(M) of this title.
Section 7 of Pub. L. 87-262 provided that: ''All laws heretofore
applicable specifically to Freedmen's Hospital are, to the extent of
such applicability, repealed, effective with the transfer of Freedmen's
Hospital pursuant to section 1 (this section).''
Section 8 of Pub. L. 87-262 provided that: ''All unexpended
balances of appropriations, allocations, and other funds, available or
to be made available, of Freedmen's Hospital are, effective with the
transfer of Freedmen's Hospital pursuant to section 1 (this section),
transferred to Howard University for use in the operation of the Howard
University Hospital facilities, except to the extent (determined by the
Director of the Bureau of the Budget (Director of the Office of
Management and Budget)) required to meet obligations already incurred
and not assumed by the university.''
20 USC 125. Employees of hospital
TITLE 20 -- EDUCATION
(a) Opportunity to transfer; guarantee of rights and benefits
The agreement for transfer of Freedmen's Hospital referred to in
section 124 of this title shall include provisions to assure that --
(1) all individuals who are career or career-conditional employees of
the hospital on the day preceding the effective date of the transfer of
the hospital, except those in positions with respect to which they have
been notified not less than six months prior to the effective date of
such transfer that their positions are to be abolished, will be offered
an opportunity to transfer to Howard University;
(2) Howard University --
(A) will not reduce the salary levels for such employees who
transfer,
(B) will deposit currently (i) in the civil service retirement and
disability fund referred to in section 8348 of title 5, the employee
deductions and agency contributions required by subchapter III of
chapter 83 of title 5, and (ii) in the fund referred to in section 8714
of title 5, the employee deductions and agency contributions required by
chapter 87 of title 5.
(C) will provide other benefits for such employees as nearly
equivalent as may be practicable to those generally applicable, on the
effective date of the transfer of the hospital, to civilian employees of
the United States, and
(D) in determining the seniority rights of its employees, Howard
University will credit service with Freedmen's Hospital performed by
such employees who transfer, on the same basis as it would credit such
service had it been performed for such University;
(3) the transfer will become effective not later than the beginning
of the second month which begins after construction of the new hospital
facilities authorized by section 126 of this title is commenced.
(b) Placement of employees in comparable Federal positions
The Department of Health, Education, and Welfare shall make every
reasonable effort to place in other comparable Federal positions all
individuals who are career or career-conditional employees of Freedmen's
Hospital on September 21, 1961 and who do not transfer to Howard
University.
(c) Services performed in the employ of United States
Each individual who is an employee of Freedmen's Hospital on
September 21, 1961 and who transfers to Howard University shall, so long
as he is continuously in the employ of Howard University, be regarded as
continuing in the employ of the United States for the purposes of
subchapter III of chapter 83 of title 5, chapter 87 of title 5. For
purposes of section 3121(b) of title 26 and section 410 of title 42,
service performed by such individual during the period of his employment
at Howard University shall be regarded as though performed in the employ
of the United States.
(Pub. L. 87-262, 2, Sept. 21, 1961, 75 Stat. 542; Pub. L. 99-514,
2, Oct. 22, 1986, 100 Stat. 2095.)
In subsec. (a)(2)(B), ''civil service retirement and disability fund
referred to in section 8348 of title 5'' substituted for ''civil service
retirement and disability fund required by the Act of May 22, 1920'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees. Previously, act May 22, 1920, ch. 195, 41 Stat. 614, was
superseded by act May 29, 1930, known as the Civil Service Retirement
Act of 1930, which was generally amended by act July 31, 1956, ch. 804,
401, 70 Stat. 743.
In subsecs. (a)(2)(B) and (c), ''subchapter III of chapter 83 of
title 5'' substituted for ''the Civil Service Retirement Act'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5.
In subsec. (a)(2)(B), ''fund referred to in section 8714 of title
5'' substituted for ''the fund created by section 5(c) of the Federal
Employees' Group Life Insurance Act of 1954'' and, in subsecs.
(a)(2)(B) and (c), ''chapter 87 of title 5'' substituted for ''the
Federal Employees' Group Life Insurance Act of 1954'', on authority of
Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the first section
of which enacted Title 5.
1986 -- Subsec. (c). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954'', which for purposes
of codification was translated as ''title 26'' thus requiring no change
in text.
Functions of Secretary of Health, Education, and Welfare under laws
relating to relationship between Howard University and Department of
Health, Education, and Welfare transferred to Secretary of Education by
section 3441(a)(2)(M) of this title.
20 USC 126. Authorization of appropriations for construction of
hospital facilities
TITLE 20 -- EDUCATION
For the purpose specified in section 124 of this title, there are
authorized to be appropriated such sums as may be necessary for the
construction of a building or buildings and facilities, including
equipment, and for remodeling of existing buildings (including repair
and replacement of equipment) which are to be combined with the building
or buildings and facilities so constructed, to provide a hospital with a
capacity of not to exceed five hundred beds.
(Pub. L. 87-262, 3, Sept. 21, 1961, 75 Stat. 543.)
20 USC 127. Transfer of facilities by University or cessation of
operation as teaching hospital facilities; recovery of value by United
States
TITLE 20 -- EDUCATION
If, within twenty years after the completion of construction (as
determined by the Secretary of Health, Education, and Welfare) of the
new hospital facilities authorized by section 126 of this title, any of
such facilities, or of the facilities transferred pursuant to section
124 of this title and combined with such new facilities, are transferred
by Howard University to any other person or entity (except a transfer to
the United States) or cease to be operated by the university as teaching
hospital facilities, the United States shall be entitled to recover from
the transferee or the university, in the case of a transfer, or from the
university, if there is no transfer, an amount equal to the then value
of such facilities (or so much thereof as is involved in the transfer,
as the case may be), such value to be determined by agreement of the
parties or by action brought in the United States District Court for the
District of Columbia.
(Pub. L. 87-262, 4, Sept. 21, 1961, 75 Stat. 543.)
Functions of Secretary of Health, Education, and Welfare under laws
relating to relationship between Howard University and Department of
Health, Education, and Welfare transferred to Secretary of Education by
section 3441(a)(2)(M) of this title.
20 USC 128. Authorization of appropriations for partial support of
operation of facilities; separate account
TITLE 20 -- EDUCATION
In order to facilitate operation of teaching hospital facilities at
Howard University, there are authorized to be appropriated annually to
the university such sums as the Congress may determine, for the partial
support of the operation of such facilities giving consideration to the
cost imposed by the provisions of section 125 of this title and the
portion of the agreement under sections 124 to 129 of this title
relating to such provisions. The cost of operating such facilities, the
appropriations pursuant to this section, and any other income derived
from such operation or available for such purpose shall be identified
and accounted for separately in the accounts of the university.
(Pub. L. 87-262, 5, Sept. 21, 1961, 75 Stat. 543.)
20 USC 129. Financial policy; report to Congress
TITLE 20 -- EDUCATION
It is declared to be the policy of the Congress that, to the extent
consistent with good medical teaching practice, the Howard University
Hospital facilities shall become progressively more self-supporting. In
order to further this policy, the President shall submit to the Congress
a report, based on a study of the financing of the operation of the
hospital, containing his recommendations on the rate at which,
consistent with the above policy, Federal financial participation in
such cost of operation shall be reduced. Such report shall be submitted
not later than the end of the second calendar year following the year in
which the construction of the new hospital facilities, authorized by
section 126 of this title, is completed.
(Pub. L. 87-262, 6, Sept. 21, 1961, 75 Stat. 544.)
20 USC 130. Purchases through the General Services Administration
TITLE 20 -- EDUCATION
On and after September 8, 1978, Howard University is authorized to
make purchases through the General Services Administration.
(Pub. L. 95-355, title I, 100, Sept. 8, 1978, 92 Stat. 531.)
Section is from the Second Supplemental Appropriations Act, 1978, and
contained additional provisions relating to purchases by the American
Printing House for the Blind, Gallaudet University, and the National
Technical Institute for the Deaf, which are set out in sections 106 and
4362 of this title.
20 USC 130a. Financial and program audit by Secretary
TITLE 20 -- EDUCATION
Funds appropriated in this Act or subsequent Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Acts to Howard University shall be subject to financial
and program audit by the Secretary of Education and the Secretary may
withhold all or any portion of these appropriations if he determines
that an institution has not cooperated fully in the conduct of such
audits.
(Pub. L. 102-394, title III, 301, Oct. 6, 1992, 106 Stat. 1819.)
Section is from the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 1993, and
contained additional provisions relating to the American Printing House
for the Blind, Gallaudet University, and the National Technical
Institute for the Deaf, which are set out as sections 106a and 4363 of
this title, respectively.
20 USC SUBCHAPTER II -- ENDOWMENT
TITLE 20 -- EDUCATION
20 USC 130aa. Definitions
TITLE 20 -- EDUCATION
For purposes of this subchapter --
(1) the term ''endowment fund'' means a fund, or a tax exempt
foundation, established and maintained by Howard University for the
purpose of generating income for its support, but which shall not
include real estate;
(2) the term ''endowment fund corpus'' means an amount equal to the
grants awarded under this subchapter plus an amount equal to such grants
provided by Howard University;
(3) the term ''endowment fund income'' means an amount equal to the
total value of the endowment fund established under this subchapter
minus the endowment fund corpus;
(4) the term ''Secretary'' means the Secretary of Education; and
(5) the term ''University'' means the Howard University established
by the Act of March 2, 1867.
(Pub. L. 98-480, title II, 202, Oct. 17, 1984, 98 Stat. 2245.)
Act of March 2, 1867, referred to in par. (5), is act Mar. 2, 1867,
ch. 162, 14 Stat. 438, as amended. Section 8 of this Act is
classified to section 123 of this title. For complete classification of
this Act to the Code, see Tables.
Section 209 of title II of Pub. L. 98-480 provided that: ''This
title (see Short Title note below) shall take effect on October 1,
1984.''
Section 201 of title II of Pub. L. 98-480 provided that: ''This
title (enacting this subchapter, amending section 123 of this title, and
enacting provisions set out as a note above) may be cited as the 'Howard
University Endowment Act'.''
20 USC 130aa-1. Program authorized
TITLE 20 -- EDUCATION
(a) The Secretary is authorized to establish an endowment program, in
accordance with the provisions of this subchapter, for the purpose of
establishing or increasing endowment funds, providing additional
incentives to promote fundraising activities, and encouraging
independence and self-sufficiency at the University.
(b)(1) From the funds appropriated pursuant to this subchapter for
endowments in any fiscal year for the University, the Secretary is
authorized to make grants to Howard University. The Secretary may enter
into agreements with the University and include in any agreement made
pursuant to this subchapter such provisions deemed necessary by the
Secretary to assure that the purposes of this subchapter will be
achieved.
(2) The University may receive a grant under this section only if it
has deposited in the endowment fund established under this subchapter an
amount equal to such grant and has adequately assured the Secretary that
it will administer the endowment fund in accordance with the
requirements of this subchapter. The source of funds for this
institutional match shall not include Federal funds or funds derived
from an existing endowment fund.
(3) The period of any grant under this section shall not exceed
twenty years, and during such period the University shall not withdraw
or expend any of its endowment fund corpus. Upon the expiration of any
grant period, the University may use the endowment fund corpus plus any
endowment fund income for any educational purpose.
(Pub. L. 98-480, title II, 203, Oct. 17, 1984, 98 Stat. 2245.)
20 USC 130aa-2. Investments
TITLE 20 -- EDUCATION
(a) The University shall invest its endowment fund corpus and
endowment fund income in those low-risk instruments and securities in
which a regulated insurance company may invest under the law of the
District of Columbia, such as federally insured bank savings account or
comparable interest bearing account, certificate of deposit, money
market fund, mutual fund, or obligations of the United States.
(b) The University, in investing its endowment fund corpus and
income, shall exercise the judgment and care, under circumstances then
prevailing, which a person of prudence, discretion, and intelligence
would exercise in the management of his own business affairs.
(Pub. L. 98-480, title II, 204, Oct. 17, 1984, 98 Stat. 2246.)
20 USC 130aa-3. Withdrawals and expenditures
TITLE 20 -- EDUCATION
(a) Defrayment of expenses; restrictions on use of income or corpus;
limits on withdrawals or expenditures
The University may withdraw and expend its endowment fund income to
defray any expenses necessary to its operation, including expenses of
operations and maintenance, administration, academic and support
personnel, construction and renovation, community and student services
programs, technical assistance, and research. No endowment fund income
or corpus may be used for any type of support of the executive officers
of the University or for any commercial enterprise or endeavor entered
into after January 1, 1981. Except as provided in subsection (b) of
this section, the University shall not, in the aggregate, withdraw or
expend more than 50 per centum of the total aggregate endowment fund
income earned prior to the time of withdrawal or expenditure.
(b) Authority of Secretary; withdrawal or expenditure beyond limits;
circumstances demonstrating necessity
The Secretary is authorized to permit the University to withdraw or
expend more than 50 per centum of its total aggregate endowment income
whenever the University demonstrates such withdrawal or expenditure is
necessary because of --
(A) a financial emergency, such as a pending insolvency or temporary
liquidity problem;
(B) a life-threatening situation occasioned by a natural disaster or
arson; or
(C) another unusual occurrence or exigent circumstance.
(c) Repayment of Federal share of amounts improperly expended or
withdrawn; endowment fund corpus; income
(1) If the University withdraws or expends more than the endowment
fund income authorized by this section, the University shall repay the
Secretary an amount equal to 50 per centum of the amount improperly
expended (representing the Federal share thereof).
(2) The University shall not withdraw or expend any endowment fund
corpus. If the University withdraws or expends any endowment fund
corpus, the University shall repay the Secretary an amount equal to 50
per centum of the amount withdrawn or expended (representing the Federal
share thereof) plus any income earned thereon.
(Pub. L. 98-480, title II, 205, Oct. 17, 1984, 98 Stat. 2246.)
20 USC 130aa-4. Enforcement
TITLE 20 -- EDUCATION
(a) After notice and an opportunity for a hearing, the Secretary is
authorized to terminate and recover any grant awarded under this
subchapter if the University --
(1) withdraws or expends any endowment fund corpus, or any endowment
fund income in excess of the amount authorized by section 130aa-3 of
this title;
(2) fails to invest its endowment fund corpus or income in accordance
with the investment standards set forth in section 130aa-2 of this
title; or
(3) fails to account properly to the Secretary concerning investments
and expenditures of its endowment fund corpus or income.
(b) If the Secretary terminates a grant under subsection (a) of this
section, the University shall return to the Treasury of the United
States an amount equal to the sum of the original grant or grants under
this subchapter /1/ plus any income earned thereon. The Secretary may
direct the University to take such other appropriate measures to remedy
any violation of this subchapter and to protect the financial interest
of the United States.
(Pub. L. 98-480, title II, 206, Oct. 17, 1984, 98 Stat. 2247.)
This subchapter, the first time it appears in subsec. (b), was in
the original ''this Act'' which was translated as reading ''this
title'', meaning title II of Pub. L. 98-480, Oct. 17, 1984, 98 Stat.
2236, as the probable intent of Congress.
/1/ See Codification note below.
20 USC 130aa-5. Authorization of appropriations
TITLE 20 -- EDUCATION
There is authorized to be appropriated $2,000,000 for the purposes
authorized under section 130aa-1 of this title. Funds appropriated
under this section shall remain available until expended.
(Pub. L. 98-480, title II, 207, Oct. 17, 1984, 98 Stat. 2247.)
20 USC CHAPTER 9 -- NATIONAL TRAINING SCHOOL FOR BOYS
TITLE 20 -- EDUCATION
20 USC 131 to 152. Omitted
TITLE 20 -- EDUCATION
Sections provided for the National Training School for Boys which was
governed and managed by a Board of Trustees until July 1, 1939, at which
time 1939 Reorg. Plan No. 2 (4 F.R. 2731, 53 Stat. 1431) abolished the
Board of Trustees and transferred the School and its functions
(including the functions of the Board of Trustees) to the Department of
Justice, to be administered by the Director of the Bureau of Prisons,
under the direction and supervision of the Attorney General. The School
was so operated until May 15, 1968, when it was closed pursuant to order
of the Attorney General.
For provisions relating to proceedings regarding delinquency,
neglect, or need of supervision of children in District of Columbia, see
section 16-2301 et seq. of the District of Columbia Code.
Also, see section 5025 of Title 18, Crimes and Criminal Procedure,
authorizing District of Columbia to provide facilities and personnel for
treatment and rehabilitation of youth offenders or to contract with
Bureau of Prisons for their treatment and rehabilitation.
Section 131, act May 27, 1908, ch. 200, 1, 35 Stat. 380, provided
that District reform school for boys should be known as National
Training School for Boys.
Section 132, acts May 3, 1876, ch. 90, 1, 19 Stat. 49; May 27,
1908, ch. 200, 1, 35 Stat. 380, dealt with appointment of a board of
trustees to govern and manage the school.
Section 133, act June 4, 1880, ch. 121, 1, 21 Stat. 156, provided
that one of the District commissioners should be a trustee of the
school.
Section 134, act May 3, 1876, ch. 90, 16, 19 Stat. 52, provided
for appointment of two consulting trustees of the school.
Section 135, acts May 3, 1876, ch. 90, 2, 19 Stat. 49; May 27,
1908, ch. 200, 1, 35 Stat. 380, dealt with corporate capacity and
powers of the board of trustees.
Section 136, acts May 3, 1876, ch. 90, 15, 19 Stat. 52; June 5,
1900, ch. 715, 31 Stat. 267, authorized board of trustees to make
by-laws, rules, and regulations.
Section 137, act May 3, 1876, ch. 90, 14, 19 Stat. 51, dealt with
contracts and purchases, the executive officer, and annual reports.
Section 138, act May 3, 1876, ch. 90, 3, 19 Stat. 49, dealt with
appointment and compensation of a superintendent and other employees of
the school.
Section 139, acts May 3, 1876, ch. 90, 4, 19 Stat. 49; June 10,
1921, ch. 18, 304, 42 Stat. 24, dealt with appointment, bonding, and
duties of a treasurer of the school.
Section 140, act May 3, 1876, ch. 90, 5, 19 Stat. 50, dealt with
bonding of the superintendent.
Section 141, act May 3, 1876, ch. 90, 6, 19 Stat. 50, dealt with
powers and duties of the superintendent and subordinate employees.
Section 142, act May 3, 1876, ch. 90, 7, 19 Stat. 50, provided
that superintendent be in charge of lands and other property of the
school, books of accounts, register of boys, and examination of school
and accounts.
Section 143, act Mar. 3, 1881, ch. 134, 1, 21 Stat. 459, dealt
with a report of school officers to District commissioners.
Section 144, acts Aug. 6, 1890, ch. 724, 1, 26 Stat. 307; Mar.
3, 1905, ch. 1483, 33 Stat. 1211, dealt with disposition of proceeds
of the school farm and shops.
Section 145, acts May 3, 1876, ch. 90, 8, 19 Stat. 50; June 5,
1900, ch. 715, 31 Stat. 266, dealt with commitment of boys under age
17 to the school.
Section 146, acts May 3, 1876, ch. 90, 9, 19 Stat. 51; June 5,
1900, ch. 715, 31 Stat. 267, related to period of detention.
Section 147, act May 3, 1876, ch. 90, 10, 19 Stat. 51, limited
number of boys at the school to number that can be properly
accommodated.
Section 148, act May 3, 1876, ch. 90, 11, 19 Stat. 51, dealt with
penalties for enticing boy from school or harboring escaped boy, and for
arrest and return of escapees.
Section 149, act May 3, 1876, ch. 90, 12, 19 Stat. 51, dealt with
employment and instruction of boys, apprenticing, and indentures of
apprenticeship.
Section 150, act Feb. 26, 1909, ch. 217, 1, 35 Stat. 657, dealt
with release on parole of juvenile offenders committed to the school.
Section 151, act Feb. 26, 1909, ch. 217, 2, 35 Stat. 657,
authorized board of trustees to parole boys, subject to approval of
Attorney General in certain cases.
Section 152, acts May 3, 1876, ch. 90, 13, 19 Stat. 51; Aug. 1,
1914, ch. 223, 1, 38 Stat. 657; Mar. 28, 1918, ch. 28, 1, 40 Stat.
494, dealt with District support of boys committed, accounts, payment,
and rates.
20 USC CHAPTER 10 -- NATIONAL TRAINING SCHOOL FOR GIRLS
TITLE 20 -- EDUCATION
20 USC 161 to 174. Omitted
TITLE 20 -- EDUCATION
Sections provided for the National Training School for Girls. Act
Aug. 3, 1951, ch. 291, 1, 65 Stat. 154, provided that no new
commitments to the National Training School for Girls should be made
after Aug. 3, 1951. Act July 31, 1953, ch. 299, 1, 67 Stat. 286,
redesignated the National Training School for Girls as the Industrial
Home School for Colored Girls and authorized construction of a new
Industrial Home School for Colored Children near Laurel, Maryland. Act
July 1, 1954, ch. 449, 1, 68 Stat. 385, provided that the Industrial
Home School for Colored Girls shall be combined with and become a part
of the Industrial Home School for Colored Children. Act Sept. 4, 1957,
Pub. L. 85-285, 1, 71 Stat. 610, provided in part for the disposition
of the land of the United States reserved for a site for the National
Training School for Girls by the Act of July 14, 1892 (27 Stat. 165), as
amended.
For provisions relating to proceedings regarding delinquency,
neglect, or need of supervision of children in District of Columbia, see
section 16-2301 et seq. of the District of Columbia Code.
Also, see section 5025 of Title 18, Crimes and Criminal Procedure,
authorizing District of Columbia to provide facilities and personnel for
treatment and rehabilitation of youth offenders or to contract with
Bureau of Prisons for their treatment and rehabilitation.
Section 161, act June 26, 1912, ch. 182, 1, 37 Stat. 171, provided
that District reform school for girls should be known as National
Training School for Girls.
Section 162, acts July 9, 1888, 1, 7, 25 Stat. 245, 246; June 26,
1912, ch. 182, 1, 37 Stat. 171; Mar. 16, 1926, ch. 58, 1, 44 Stat.
208, dealt with incorporation.
Section 163, acts July 9, 1888, ch. 595, 2, 25 Stat. 245; June
26, 1912, ch. 182, 1, 37 Stat. 171; Mar. 16, 1926, ch. 58, 1, 44
Stat. 208, provided authority to establish and maintain a training
school for girls within District of Columbia.
Section 164, acts July 9, 1888, ch. 595, 3, 25 Stat. 246; May 27,
1908, ch. 200, 1, 35 Stat. 380; Mar. 16, 1926, ch. 58, 1, 44 Stat.
208, provided same power and authority as board of trustees of National
Training School for Boys had in relation to boys.
Section 165, acts May 3, 1876, ch. 90, 15, 19 Stat. 52; July 9,
1888, ch. 595, 5, 25 Stat. 246; Feb. 25, 1901, ch. 478, 31 Stat.
810; Mar. 16, 1926, ch. 58, 1, 44 Stat. 208, authorized making of
by-laws, rules, and regulations.
Section 166, acts July 9, 1888, ch. 595, 4, 25 Stat. 246; Mar.
16, 1926, ch. 58, 1, 44 Stat. 208, dealt with appointment and
compensation of officers and employees.
Section 167, acts Feb. 28, 1923, ch. 148, 1, 42 Stat. 1358; Mar.
16, 1926, ch. 58, 1, 44 Stat. 208, dealt with control over inmates.
Section 168, acts July 9, 1888, ch. 595, 6, 25 Stat. 246; June
26, 1912, ch. 182, 1, 37 Stat. 171, dealt with applicability of laws
relating to National Training School for Boys to school for girls.
Section 169, acts May 3, 1876, ch. 90, 8, 19 Stat. 50; July 9,
1888, ch. 595, 6, 25 Stat. 245; Feb. 25, 1901, ch. 478, 31 Stat.
809; Mar. 19, 1906, ch. 960, 8, 34 Stat. 73; Mar. 16, 1926, ch.
58, 1, 44 Stat. 208; Aug. 3, 1951, ch. 291, 3, 65 Stat. 154,
related to commitment of girls under 17 years of age.
Section 170, acts May 3, 1876, ch. 90, 9, 19 Stat. 51; July 9,
1888, ch. 595, 6, 25 Stat. 245; Feb. 25, 1901, ch. 478, 31 Stat.
810; June 26, 1912, ch. 182, 1, 37 Stat. 171, related to period of
detention.
Section 171, act Apr. 15, 1910, ch. 164, 1, 36 Stat. 300, dealt
with release on parole of juvenile offenders committed to the school.
Section 172, acts Apr. 15, 1910, ch. 164, 2, 36 Stat. 300; Mar.
16, 1926, ch. 58, 1, 44 Stat. 208, authorized parole of girls,
subject to approval of the Attorney General in certain cases.
Section 173, act June 5, 1920, ch. 234, 1, 41 Stat. 865, dealt
with disbursement of appropriations for the school.
Section 174, act July 9, 1888, ch. 595, 8, 25 Stat. 246, reserved
to Congress the right to alter, amend, or repeal this chapter.
20 USC CHAPTER 11 -- NATIONAL ARBORETUM
TITLE 20 -- EDUCATION
Sec.
191. Establishment; site; acquisition of land.
192. Omitted.
193. Administration of arboretum.
194. Advisory council.
195. Gifts, bequests, or devises for benefit of National Arboretum;
separate fund in the Treasury.
20 USC 191. Establishment; site; acquisition of land
TITLE 20 -- EDUCATION
The Secretary of Agriculture is authorized and directed to establish
and maintain a national arboretum for purposes of research and education
concerning tree and plant life. For the purposes of this chapter, (1)
the President is authorized to transfer to the jurisdiction of the
Secretary of Agriculture by Executive order any land which now belongs
to the United States within or adjacent to the District of Columbia
located along the Anacostia River north of Benning Bridge, and (2) the
Secretary of Agriculture is authorized in his discretion to acquire,
within the limits of the appropriation authorized by this chapter by
private purchase, condemnation proceedings, or gift, land so located or
other land within or adjacent to the District of Columbia: Provided,
That the purchase price of any part of said land shall not exceed the
full value assessment of such property last made before purchase thereof
plus 25 per centum of such assessed value.
(Mar. 4, 1927, ch. 505, 1, 44 Stat. 1422.)
Functions of all officers, agencies and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by Reorg. Plan No. 2 of 1953, 1, eff. June 4, 1953, 18
F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government
Organization and Employees.
Authority of President under this section to transfer to jurisdiction
of Secretary of Agriculture for purposes of this chapter any land
belonging to United States within or adjacent to District of Columbia
located along Anacostia River north of Benning Bridge delegated to
Administrator of General Services, see section 1(18) of Ex. Ord. No.
11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301
of Title 3, The President.
Pub. L. 102-341, title I, Aug. 14, 1992, 102 Stat. 878, provided in
part: ''That facilities to house Bonsai collections at the National
Arboretum may be constructed with funds accepted under the provisions of
Public Law 94-129 (20 U.S.C. 195) and the limitation on construction
contained in the Act of August 24, 1912 (40 U.S.C. 68) shall not apply
to the construction of such facilities''.
Similar provisions were contained in the following prior
appropriations acts:
Pub. L. 102-142, title I, Oct. 28, 1991, 105 Stat. 883.
Pub. L. 101-506, title I, Nov. 5, 1990, 104 Stat. 1320.
Pub. L. 101-161, title I, Nov. 21, 1989, 103 Stat. 956.
Pub. L. 100-460, title I, Oct. 1, 1988, 102 Stat. 2234.
Pub. L. 100-202, 101(k) (title I), Dec. 22, 1987, 101 Stat.
1329-322, 1329-327.
Pub. L. 99-500, 101(a) (title I), Oct. 18, 1986, 100 Stat. 1783,
1783-5, and Pub. L. 99-591, 101(a) (title I), Oct. 30, 1986, 100
Stat. 3341, 3341-5.
20 USC 192. Omitted
TITLE 20 -- EDUCATION
Section, act Mar. 4, 1927, ch. 505, 2, 44 Stat. 1422, authorized
appropriation of $300,000 to be expended for acquisition of land
specified in section 191 of this title.
20 USC 193. Administration of arboretum
TITLE 20 -- EDUCATION
In order to stimulate research and discovery the national arboretum
established by the Secretary of Agriculture in accordance with the
provisions of this chapter shall be under competent scientific
direction. The arboretum shall be administered by the Secretary of
Agriculture separately from the agricultural, horticultural, and
forestry stations of the Department of Agriculture, but it shall be so
correlated with them as to bring about the most effective utilization of
its facilities and discoveries.
(Mar. 4, 1927, ch. 505, 3, 44 Stat. 1422.)
20 USC 194. Advisory council
TITLE 20 -- EDUCATION
The Secretary of Agriculture is authorized to create an advisory
council in relation to the plan and development of the national
arboretum to be established under this chapter, to include
representatives of national organizations interested in the work of the
arboretum.
(Mar. 4, 1927, ch. 505, 4, 44 Stat. 1422.)
Advisory councils in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a council established by the President or an
officer of the Federal Government, such council is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a council established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
20 USC 195. Gifts, bequests, or devises for benefit of National
Arboretum; separate fund in the Treasury
TITLE 20 -- EDUCATION
Notwithstanding any other provision of law, the Secretary of
Agriculture is authorized to accept, receive, hold, utilize, and
administer on behalf of the United States gifts, bequests, or devises of
real and personal property made for the benefit of the National
Arboretum or for the carrying out of any of its functions. For the
purposes of the Federal income, estate, and gift tax laws, property
accepted under the authority of this section shall be considered as a
gift, bequest, or devise to the United States. Any gift of money
accepted pursuant to the authority granted in this section, or the net
proceeds from the liquidation of any property so accepted, or the
proceeds of any insurance on any gift property not used for its
restoration shall be deposited in the Treasury of the United States for
credit to a separate fund and shall be disbursed upon order of the
Secretary of Agriculture.
(Mar. 4, 1927, ch. 505, 5, as added Nov. 13, 1975, Pub. L. 94-129,
89 Stat. 683.)
The Federal income, estate, and gift tax laws, referred to in text,
are classified generally to Title 26, Internal Revenue Code.
20 USC CHAPTER 12 -- FOREIGN AND EXCHANGE STUDENTS
TITLE 20 -- EDUCATION
Sec.
221. Instructions of citizens from American republics; Government
maintained professional educational institutions.
221a. Instructions of citizens from American republics; United
States Military Academy; restrictions; saving provision.
222 to 224. Repealed.
225. Fund for education of Iranian students in United States.
226. Cooperative public and private sector program for providing
scholarships to students from the Caribbean and Central America.
(a) Statement of purpose.
(b) Establishment of scholarship program.
(c) Grants to States.
(d) Agreement with States.
(e) Federal share.
(f) Non-Federal share.
(g) Forgiveness of scholarship assistance.
(h) Private sector participation.
(i) Funding.
(j) Definitions.
20 USC 221. Instructions of citizens from American republics;
Government maintained professional educational institutions
TITLE 20 -- EDUCATION
The President is authorized, in his discretion and under such
regulations as he may prescribe by Executive order, to permit citizens
of the American republics to receive instruction, with or without charge
therefor, at professional educational institutions and schools
maintained and administered by the Government of the United States or by
departments or agencies thereof: Provided, That such citizens shall
agree to comply with all regulations for the government of the
institutions and schools at which they may be under instruction and to
exert every effort to accomplish successfully the courses of instruction
prescribed: And provided further, That the regulations prescribed by
the President under the authority of this section shall contain
provisions limiting the admission of citizens of the American republics
to primary schools maintained and administered by the Government of the
United States so that there will under no circumstances be any
curtailment of the admission of citizens of the United States eligible
to receive instruction therein.
(June 24, 1938, ch. 644, 52 Stat. 1034; July 14, 1941, ch. 292, 55
Stat. 589; June 26, 1946, ch. 493, 1, 60 Stat. 311.)
Section originally provided that ''not more than one citizen of any
American republic shall receive instruction at the same time in the
United States Military Academy and not more than one in the United
States Naval Academy.'' This phrase has been omitted in view of acts
July 14, 1941, and June 26, 1946. See sections 4344, 6957, and 9344 of
Title 10, Armed Forces.
20 USC 221a. Instructions of citizens from American republics; United
States Military Academy; restrictions; saving provision
TITLE 20 -- EDUCATION
After June 26, 1946, no person shall have authority to permit
citizens of the American Republics to receive instruction at the United
States Military Academy under the provisions of section 221 of this
title. Any person who is receiving instruction at the United States
Military Academy on June 26, 1946, under authority of section 221 of
this title, may, in the discretion of the President, be permitted to
continue to receive such instruction and, if so permitted, shall
thereafter be deemed to be receiving instruction under the provisions of
sections 4344 and 9344 of title 10.
(June 26, 1946, ch. 493, 2, 60 Stat. 312.)
Words ''sections 4344 and 9344 of title 10'' substituted in text for
''section 1 of this Act'', meaning section 1 of act June 27, 1946, ch.
493, 60 Stat. 311, on authority of act Aug. 10, 1956, 49(b), ch.
1041, 70A Stat. 640, the first section of which enacted Title 10, Armed
Forces.
20 USC 222 to 224. Repealed. Pub. L. 87-256, 111(a)(4), Sept. 21,
1961, 75 Stat. 538
TITLE 20 -- EDUCATION
Sections, act Aug. 24, 1949, ch. 505, 1-3, 63 Stat. 630,
authorized the creation of a special deposit account for sums due or
paid by the Republic of Finland to the United States as interest on or
in retirement of the principal of the debt incurred under the act of
Feb. 25, 1919, as refunded by the agreement dated May 1, 1923, pursuant
to authority contained in sections 805 to 809 of former Title 31, Money
and Finance, or of any other indebtedness incurred by Finland and owing
to the United States as a result of World War I, provided for the use of
such fund for exchange of students, professors, etc., for the
interchange of books and technical equipment, and for disbursements from
the account. See section 2451 et seq. of Title 22, Foreign Relations
and Intercourse, particularly section 2455.
Continuation in full force and effect, and applicability to the
appropriate provisions of the Mutual Educational and Cultural Exchange
Act of 1961, set out in section 2451 et seq. of Title 22, Foreign
Relations and Intercourse, until modified or superseded by appropriate
authority, of all Executive orders, agreements, determinations,
regulations, contracts, appointments, and other actions issued,
concluded, or taken under authority of these sections, see section
111(b) of Pub. L. 87-256, set out as a note under section 2451 of Title
22.
20 USC 225. Fund for education of Iranian students in United States
TITLE 20 -- EDUCATION
There is authorized to be appropriated, out of any funds in the
Treasury of the United States not otherwise appropriated, the sum of
$110,000, which sum shall be expended by the Secretary of State in his
discretion for the education of Iranian students in the United States,
in accordance with the obligation of the United States arising out of
the agreement contained in an exchange of notes between this Government
and the Iranian Government of July 25, July 29, November 9, and November
15, 1924, which agreement settled a claim asserted by the United States.
The said sum of $110,000 shall be deemed a trust fund received by the
Secretary of State under the provisions of section 2668a of title 22,
and shall be expended as therein provided. The said sum shall be deemed
to constitute the fund of $110,000 received by the United States from
the Iranian Government in four installments between December 24, 1924,
and March 29, 1925, pursuant to the afore-mentioned notes, and deposited
in the Treasury of the United States on June 24, 1925, which fund shall
be deemed, insofar as the same may be necessary, to have been heretofore
appropriated as a trust fund under section 2668a of title 22 and
sections 1321 and 1322(a) of title 31. The Secretary of the Treasury
shall make payments out of the said fund to or for the account of such
persons, in such amounts, at such times, and on such terms, as the
Secretary of State or his designee shall certify and the certificates of
the Secretary of State or his designee issued hereunder shall be
conclusive as to the propriety of payments so made. The expenditure of
the said sum by the United States shall constitute full performance of
the obligation of the United States to the Iranian Government or any
other person arising out of the said notes and shall discharge the
Secretary of State and the Secretary of the Treasury with respect to any
accountability therefor.
(Sept. 29, 1950, ch. 1110, 1, 2, 64 Stat. 1081.)
Words ''section 2668a of title 22'' substituted in text for ''the Act
of February 27, 1896, (29 Stat. 32, title 31, U.S.C. sec. 547)'' and
''the said Act of February 27, 1896'' to reflect the transfer of section
547 of Title 31, Money and Finance, to section 2668a of Title 22,
Foreign Relations and Intercourse.
Words ''sections 1321 and 1322(a) of title 31'' substituted in text
for ''the Permanent Appropriation Repeal Act, 1934, as amended, section
20 (48 Stat. 1233, 31 U.S.C., sec. 725(s) (31 U.S.C. 725s)'' on
authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the
first section of which enacted Title 31.
20 USC 226. Cooperative public and private sector program for
providing scholarships to students from the Caribbean and Central
America
TITLE 20 -- EDUCATION
(a) Statement of purpose
It is the purpose of this section to encourage the establishment of
partnerships between State governments, universities, community
colleges, and businesses to support scholarships for talented socially
and economically disadvantaged students from eligible countries in the
Caribbean and Central America to study in the United States in order to
--
(1) improve the diversity and quality of educational opportunities
for such students;
(2) assist the development efforts of eligible countries by providing
training and educational assistance to persons who can help address the
social and economic needs of these countries;
(3) expand opportunities for cross-cultural studies and exchanges and
improve the exchange of understanding and principles of democracy;
(4) promote positive and productive relationships between the United
States and its neighbor countries in the Caribbean and Central American
regions;
(5) give added visibility and focus to the ''scholarship diplomacy''
efforts of the United States Government by leveraging the monies
available for this purpose through the development of partnerships among
Federal, State, and local governments and the business and academic
communities; and
(6) promote community involvement with the scholarship program as a
tool for broadening and strengthening the ''American experience'' for
foreign students.
(b) Establishment of scholarship program
The Administrator of the Agency for International Development shall
establish and administer a program of scholarship assistance, in
cooperation with State governments, universities, community colleges,
and businesses, to provide scholarships to enable socially and
economically disadvantaged students from eligible countries in the
Caribbean and Central America to study in the United States.
(c) Grants to States
In carrying out this section, the Administrator may make grants to
States to provide scholarship assistance for undergraduate degree
programs and for training programs of one year or longer in study areas
related to the critical development needs of the students' respective
countries.
(d) Agreement with States
The Administrator and each participating State shall agree on a
program regarding the educational opportunities available within the
State, the selection and assignment of scholarship recipients, and
related issues. To the maximum extent practicable, each State shall be
given flexibility in designing its program.
(e) Federal share
The Federal share for each year for which a State receives payments
under this section shall be not less than 50 percent.
(f) Non-Federal share
The non-Federal share of payments under this section may be in cash,
including the waiver of tuition or the offering of in-State tuition or
housing waivers or subsidies, or in-kind fairly evaluated, including the
provision of books or supplies.
(g) Forgiveness of scholarship assistance
The obligation of any recipient to reimburse any entity for any or
all scholarship assistance provided under this section shall be forgiven
upon the recipient's prompt return to his or her country of domicile for
a period which is at least one year longer than the period spent
studying in the United States with scholarship assistance.
(h) Private sector participation
To the maximum extent practicable, each participating State shall
enlist the assistance of the private sector to enable the State to meet
the non-Federal share of payments under this section. Wherever
appropriate, each participating State shall encourage the private sector
to offer internships or other opportunities consistent with the purposes
of this section to students receiving scholarships under this section.
(i) Funding
Any funds used in carrying out this section shall be derived from
funds allocated for Latin American and Caribbean regional programs under
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 and following; relating to the economic support fund).
(j) Definitions
As used in this section --
(1) The term ''eligible country'' means any country --
(A) which is receiving assistance under chapter 1 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating
to development assistance) or chapter 4 of part II of that Act (22
U.S.C. 2346 and following; relating to the economic support fund); and
(B) which is designated by the President as a beneficiary country
pursuant to the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
seq.).
(2) The term ''State'' means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, the Trust Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.
(Pub. L. 101-382, title II, 231, Aug. 20, 1990, 104 Stat. 661.)
The Foreign Assistance Act of 1961, referred to in subsecs. (i) and
(j)(1)(A), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended. Chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 are classified generally to part I ( 2151 et
seq.) of subchapter I and part IV ( 2346 et seq.) of subchapter II,
respectively, of chapter 32 of Title 22, Foreign Relations and
Intercourse. For provisions deeming references to part I of subchapter
I to include a reference to section 2293 of Title 22, see section
2293(d)(1) of Title 22. For complete classification of this Act to the
Code, see Short Title note set out under section 2151 of Title 22 and
Tables.
The Caribbean Basin Economic Recovery Act, referred to in subsec.
(j)(1)(B), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat. 384,
which is classified principally to chapter 15 ( 2701 et seq.) of Title
19, Customs Duties. For complete classification of this Act to the
Code, see Short Title note set out under section 2701 of Title 19 and
Tables.
20 USC CHAPTER 13 -- FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
TITLE 20 -- EDUCATION
Sec.
231 to 235. Omitted.
236. Congressional declaration of policy; authorization of
appropriations.
237. Federal contributions.
(a) Federal acquisition of property within school district as
financial burden entitling for contribution.
(b) Property excluded.
(c) School district consolidations.
(d) Payments attributable to incorrect assessed value determination.
(e) Ownership of Federal property by United States.
(f) School district containing Forest Service land and serving
county.
238. Payments to local school agencies.
(a) Children of persons who reside and work on Federal property;
parent in uniformed services; residents of Indian lands.
(b) Children of persons who reside or work on Federal property, who
are on active duty in uniformed services, or who are refugees.
(c) Eligibility for payments; waiver of paragraph (1)(B)
requirement.
(d) Amount of payments; special education programs, entitlement;
criteria; local contribution rate; formula; special determination for
territories; ''children with disabilities'', ''State'', and ''average
per pupil expenditure'' defined.
(e) Adjustment for certain decreases in Federal activities.
(f) Determinations on basis of estimates.
(g) Spending vote requirement prohibited.
(h) Special provisions.
239. Sudden and substantial increases in attendance.
(a) Determination by Secretary; amount of contribution.
(b) Omitted.
(c) Counting of certain children in determination of increases.
(d) Adjustment for decreases in Federal activities.
(e) Consultation with State and local authorities.
239a. Repealed.
240. Payments.
(a) Applications.
(b) Payments by Secretary; early payments on the basis of estimates;
Indian education.
(c) Adjustments where necessitated by appropriations.
(d) Treatment of payments by States to determine eligibility for, and
amount of, State aid; notice and opportunity for hearing; ''State
aid'' and ''equalize expenditures'' defined; State equalization.
(e) Discretionary allocations.
(f) Use of funds with respect to entitlements increased under section
238(d)(2)(C) of this title.
(g) Hearing and review.
(h) Treatment of administrative school district within State as local
educational agency for purpose of determining amount of payment;
restrictions.
241. Education of children where local agencies cannot supply
facilities.
(a) Necessary arrangements by Secretary; standard of education.
(b) Education of children in adjacent areas.
(c) Education of children whose parents are employed in certain
Territories and Possessions.
(d) Restrictions on making arrangements.
(e) Limit on payments.
(f) Children living on Federal property.
(g) Elective school boards.
(h) School board oversight of school expenditures and operations.
(i) Availability of funds.
241-1. Assistance for current school expenditures in cases of
certain disasters.
(a) Eligibility requirements; terms; duration; maximum amount.
(b) Additional funds for replacing supplies and equipment, making
minor repairs, and leasing temporary facilities.
(c) Authorization of appropriations; expenditure of sums pending
appropriation.
(d) Applications; priority of approvals; prompt consideration for
applications.
(e) Payments to local agencies; repayment of unexpended funds.
(f) Availability of funds.
241a to 241b-1. Repealed or Transferred.
241c. Repealed.
241c-1 to 241c-5. Repealed.
241d to 241d-2. Repealed.
241d-11, 241d-12. Repealed.
241e to 241o. Repealed.
241aa to 241ff. Repealed.
242. Supervision over schools.
(a) Repealed.
(b) Rules and regulations.
(c) Report to Congress.
243. Utilization of services and facilities of other Federal
agencies.
(a) Agreements with agencies; delegation of functions.
(b) Duty of Federal agencies.
244. Definitions.
244a. School facilities for children of Government employees and
other residents in Indian reservations, national parks, and national
monuments.
245. Repealed.
246. State equalization plans; assistance to States.
(a) Reimbursement to States; submittal of plans to Secretary;
statement of purpose; guidelines: publication and republication in
Federal Register, submittal to President of Senate and Speaker of House;
new guidelines; resolution of disapproval.
(b) Guidelines; reasons for State rejection.
(c) Reimbursement to States; limitation; ''State'' defined.
Federal aid for school construction in areas affected by Federal
activities, see section 631 et seq. of this title.
000d-5, 2391; title 43 section 1620.
20 USC SUBCHAPTER I -- ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN
AREAS AFFECTED BY FEDERAL ACTIVITY
TITLE 20 -- EDUCATION
20 USC 231 to 235. Omitted
TITLE 20 -- EDUCATION
Sections, act Sept. 10, 1949, ch. 582, 63 Stat. 697, related to
Federal aid to local school agencies to provide educational
opportunities to children in federally affected areas, received
appropriations of $7,500,000 only for the fiscal year 1950. See section
236 et seq. of this title, and, also, section 631 et seq. of this
title.
20 USC 236. Congressional declaration of policy; authorization of
appropriations
TITLE 20 -- EDUCATION
(a) In recognition of the responsibility of the United States for the
impact which certain Federal activities have on the local educational
agencies in the areas in which such activities are carried on, the
Congress declares it to be the policy of the United States to provide
financial assistance (as set forth in this subchapter) for those local
educational agencies upon which the United States has placed financial
burdens by reason of the fact that --
(1) the revenues available to such agencies from local sources have
been reduced as the result of the acquisition of real property by the
United States; or
(2) such agencies provide education for children residing on Federal
property; or
(3) such agencies provide education for children whose parents are
employed on Federal property; or
(4) there has been a sudden and substantial increase in school
attendance as the result of Federal activities.
(b) There are authorized to be appropriated $735,000,000 for fiscal
year 1989, $785,000,000 for fiscal year 1990, $835,000,000 for fiscal
year 1991, $885,000,000 for fiscal year 1992, and $935,000,000 for
fiscal year 1993, to carry out the provisions of this chapter.
(Sept. 30, 1950, ch. 1124, title I, 1, formerly 1, 64 Stat. 1100,
renumbered and amended Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79
Stat. 27; Apr. 28, 1988, Pub. L. 100-297, title II, 2012(b), 102 Stat.
294.)
1988 -- Pub. L. 100-297 designated existing provisions as subsec.
(a) and added subsec. (b).
1965 -- Pub. L. 89-10 substituted ''this title'' for ''this Act'',
and for purposes of codification, ''this title'' was changed to ''this
subchapter''.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Pub. L. 102-159, 1, Nov. 13, 1991, 105 Stat. 1042, provided that:
''This Act (amending section 240 of this title) may be cited as the
'Dropout Prevention Technical Correction Amendment of 1991'.''
Pub. L. 101-305, 1, May 30, 1990, 104 Stat. 253, provided that:
''This Act (amending sections 237, 238, 240, 244, and 1018e of this
title and enacting provisions set out as notes under sections 237, 238,
240, and 2882 of this title) may be cited as the '1992 National
Assessment of Chapter 1 Act'.''
Section 2001 of Pub. L. 100-297 provided that: ''This part (part A
( 2001-2034) of title II of Pub. L. 100-297, amending this section and
sections 237 to 239, 240 to 241-1, 242 to 244, and 631 to 647 of this
title and enacting provisions set out as notes under this section and
section 238 of this title) may be cited as the 'Impact Aid
Reauthorization Act of 1988'.''
Act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, which is classified
generally to this chapter, is popularly known as the Educational
Agencies Financial Aid Act and also as the Impact Aid Act.
Section 2020 of Pub. L. 100-297 provided that: ''No regulations may
be established to carry out the provisions of this Act (act June 30,
1950, 20 U.S.C. 236 et seq., see section 2011(a) of Pub. L. 100-297)
unless such regulations will become final only after a period for
comment which is not less than 90 days. No provision of the regulations
may have a retroactive effect which results in the recovery of
assistance by the United States (other than such recovery based on
regulations in effect at the time the assistance was made). To the
extent that the provisions of section 431 of the General Education
Provisions Act (20 U.S.C. 1232) are not inconsistent with the provisions
of this section, the provisions of section 431 shall apply to
regulations established under this Act.''
Recommendations Not Later Than September 1, 1981
Pub. L. 95-561, title X, 1015, Nov. 1, 1978, 92 Stat. 2311, as
amended by Pub. L. 96-46, 2(a)(5), Aug. 6, 1979, 93 Stat. 340; Pub.
L. 96-88, title III, 301(c), title V, 507, Oct. 17, 1979, 93 Stat.
679, 692; Pub. L. 96-374, title XIII, 1304(a), Oct. 3, 1980, 94 Stat.
1497, provided for the establishment of a Commission on the Review of
the Federal Impact Aid Program and directed the Commission to review and
evaluate the administration and operation of the impact aid program
under this chapter and to submit a report to the President and Congress,
not later than Sept. 1, 1981.
Pub. L. 96-374, title XIII, 1304(b)-(d), Oct. 3, 1980, 94 Stat.
1497, provided that all funds made available to the Commission for
operating expenses remain available to carry out the report and
evaluation required by section 1015 of Pub. L. 95-561, the terms of
office of the members of the Commission be coterminus with the duration
of the Commission, and the Commission terminate Sept. 30, 1981.
Pub. L. 97-35, title V, 511(a), Aug. 13, 1981, 95 Stat. 443,
provided that: ''No funds are authorized to be appropriated to carry
out section 1015 of the Education Amendments of 1978 (Pub. L. 95-561,
set out above) for fiscal year 1982, 1983, or 1984.''
20 USC 237. Federal contributions
TITLE 20 -- EDUCATION
(a) Federal acquisition of property within school district as
financial burden entitling for contribution
Where the Secretary, after consultation with any local educational
agency and with the appropriate State educational agency, determines for
any fiscal year ending prior to October 1, 1993 --
(1) that the United States owns Federal property in the school
district of such local educational agency, and that such property (A)
has been acquired by the United States since 1938, (B) was not acquired
by exchange for other Federal property in the school district which the
United States owned before 1939, and (C) had an assessed value
(determined as of the time or times when so acquired) aggregating 10 per
centum or more of the assessed value of all real property in the school
district (similarly determined as of the time or times when such Federal
property was so acquired); and
(2) that such acquisition has placed a substantial and continuing
financial burden on such agency; and
(3) that such agency is not being substantially compensated for the
loss in revenue resulting from such acquisition by increases in revenue
accruing to the agency from the carrying on of Federal activities with
respect to the property so acquired,
then the local educational agency shall be entitled to receive for
such fiscal year such amount as, in the judgment of the Secretary, is
equal to the continuing Federal responsibility for the additional
financial burden with respect to current expenditures placed on such
agency by such acquisition of property. Such amount shall not exceed
the amount which, in the judgment of the Secretary, such agency would
have derived in such year, and would have had available for current
expenditures, from the property acquired by the United States (such
amount to be determined without regard to any improvements or other
changes made in or on such property since such acquisition). In making
the determination of the amount that would have been derived in such
year, the Secretary shall apply the current levied real property tax
rate for current expenditures levied by fiscally independent local
educational agencies or imputed for fiscally dependent local educational
agencies to the current annually determined aggregate assessed value of
such acquired Federal property.
(b) Property excluded
For the purposes of this section any real property with respect to
which payments are being made under section 831l of title 16 shall not
be regarded as Federal property.
(c) School district consolidations
Where the school district of any local educational agency shall have
been formed at any time after 1938 by the consolidation of two or more
former school districts, such agency may elect (at the time it files
application under section 240 of this title) for any fiscal year to have
(1) the eligibility of such local educational agency, and (2) the amount
which such agency shall be entitled to receive, determined under this
section only with respect to such of the former school districts
comprising such consolidated school district as the agency shall
designate in such election.
(d) Payments attributable to incorrect assessed value determination
Any payment made to a local educational agency for any fiscal year
prior to 1987 that is attributable to an incorrect determination under
subsection (a)(1)(C) of this section shall be deemed to have been made
in accordance with such subsection.
(e) Ownership of Federal property by United States
The United States shall be deemed to own Federal property, for the
purposes of this chapter where --
(1) prior to the transfer of Federal property, the United States
owned Federal property meeting the requirements of subparagraphs (A),
(B), and (C) of subsection (a)(1) of this section; and
(2) the United States transfers a portion of the property referred to
in paragraph (1) to another nontaxable entity, and the United States --
(A) restricts some or any construction on such property;
(B) requires that the property be used in perpetuity for the public
purposes for which it was conveyed;
(C) requires the grantee of the property to report to the Federal
Government (or its agent) setting forth information on the use of the
property;
(D) prohibits the sale, lease assignment or other disposal of the
property unless to another eligible government agency and with the
approval of the Federal Government (or its agent); and
(E) reserves to the Federal Government a right of reversion at any
time the Federal Government (or its agent) deems it necessary for the
national defense.
(f) School district containing Forest Service land and serving county
Beginning with fiscal year 1991, any school district which (1) as
demonstrated by written evidence from the United States Forest Service
satisfactory to the Secretary, contains between 50,000 and 55,000 acres
of land that has been acquired by the United States Forest Service
between 1915 and 1990, and (2) serves a county chartered by State law in
1875, shall be deemed to have met the requirements of subsection
(a)(1)(C) of this section.
(Sept. 30, 1950, ch. 1124, title I, 2, formerly 2, 64 Stat. 1101;
Aug. 8, 1953, ch. 402, 1, 67 Stat. 530; Aug. 12, 1955, ch. 868, 1,
69 Stat. 713; Aug. 3, 1956, ch. 915, title II, 201, 70 Stat. 970;
Aug. 12, 1958, Pub. L. 85-620, title II, 201, 72 Stat. 559; Oct. 3,
1961, Pub. L. 87-344, title I, 102(a), 75 Stat. 759; Dec. 18, 1963,
Pub. L. 88-210, title III, 302, formerly 32, 77 Stat. 419, renumbered
Oct. 16, 1968, Pub. L. 90-576, title I, 101(a)(1), 82 Stat. 1064; Oct.
16, 1964, Pub. L. 88-665, title XI, 1102(a), 78 Stat. 1109; renumbered
and amended Apr. 11, 1965, Pub. L. 89-10, title I, 2, 5, 79 Stat. 27,
36; Jan. 2, 1968, Pub. L. 90-247, title II, 204(a)-(c), title III,
301(e), 81 Stat. 808, 813; Apr. 13, 1970, Pub. L. 91-230, title II,
201(b), 84 Stat. 154; Aug. 21, 1974, Pub. L. 93-380, title III,
303(a)(1), 88 Stat. 522; Apr. 21, 1976, Pub. L. 94-273, 3(5), 90 Stat.
376; Nov. 1, 1978, Pub. L. 95-561, title X, 1001(a), 92 Stat. 2306;
Oct. 19, 1984, Pub. L. 98-511, title III, 301(a)(1), 98 Stat. 2388;
Apr. 28, 1988, Pub. L. 100-297, title II, 2011(a)(1), 2012(a), 2013,
102 Stat. 294; May 11, 1989, Pub. L. 101-26, 2(a), 103 Stat. 54; May
30, 1990, Pub. L. 101-305, 7(a), 104 Stat. 259; Nov. 16, 1990, Pub. L.
101-589, title VII, 722(a), 104 Stat. 2912.)
1990 -- Subsec. (d). Pub. L. 101-589, 722(a)(1), redesignated
subsec. (d), relating to ownership of Federal property by United
States, as (e).
Pub. L. 101-305 added subsec. (d) relating to ownership of Federal
property by United States.
Subsec. (e). Pub. L. 101-589, 722(a)(1), redesignated subsec. (d),
relating to ownership of Federal property by United States, as (e).
Subsec. (f). Pub. L. 101-589, 722(a)(2), added subsec. (f).
1989 -- Subsec. (d). Pub. L. 101-26 added subsec. (d).
1988 -- Subsec. (a). Pub. L. 100-297 substituted ''Secretary'' for
''Commissioner'' wherever appearing, substituted ''1993'' for ''1988'',
inserted at end: ''In making the determination of the amount that would
have been derived in such year, the Secretary shall apply the current
levied real property tax rate for current expenditures levied by
fiscally independent local educational agencies or imputed for fiscally
dependent local educational agencies to the current annually determined
aggregate assessed value of such acquired Federal property.''
1984 -- Subsec. (a). Pub. L. 98-511 substituted ''1988'' for
''1983''.
1978 -- Subsec. (a). Pub. L. 95-561 substituted ''1983'' for
''1978''.
1976 -- Subsec. (a). Pub. L. 94-273 substituted ''October'' for
''July''.
1974 -- Subsec. (a). Pub. L. 93-380 substituted ''1978'' for
''1973''.
1970 -- Subsec. (a). Pub. L. 91-230 substituted ''1973'' for
''1970''.
1968 -- Subsec. (a). Pub. L. 90-247, 204(a), (b), 301(e),
substituted ''1970'' for ''1968'' and struck out requirement that other
Federal payments with respect to any property acquired by the United
States in the school district of any local educational agency be
deducted from compensation to which such local educational agency is
entitled by reason of such acquisition.
Subsec. (b). Pub. L. 90-247, 204(c), struck out definition of
''other Federal payments''.
1965 -- Subsec. (a). Pub. L. 89-10, 5, substituted ''1968'' for
''1966''.
Subsec. (b). Pub. L. 89-10, 2, substituted ''this title'' for ''this
Act'', which for purposes of codification was changed to ''this
subchapter''.
1964 -- Subsec. (a). Pub. L. 88-665 substituted ''1966'' for
''1965''.
1963 -- Subsec. (a). Pub. L. 88-210 substituted ''1965'' for
''1963''.
1961 -- Subsec. (a). Pub. L. 87-344 substituted ''1963'' for
''1961''.
1958 -- Subsec. (a). Pub. L. 85-620, 201(a), substituted ''any
fiscal year ending prior to July 1, 1961'' for ''the fiscal year
beginning July 1, 1950, or for any of the seven succeeding fiscal
years''.
Subsec. (b)(1). Pub. L. 85-620, 201(b), provided that ''other
Federal payments'' shall not include payments pursuant to contract or
other arrangement under section 452 of title 25.
1956 -- Subsec. (a). Act Aug. 3, 1956, substituted ''seven
succeeding fiscal years'' for ''six succeeding fiscal years''.
1955 -- Subsec. (a). Act Aug. 12, 1955, substituted ''six
succeeding fiscal years'' for ''five succeeding fiscal years''.
1953 -- Subsec. (a). Act Aug. 8, 1953, 1(a), (b), substituted
''five succeeding fiscal years'' for ''three succeeding fiscal years''
and inserted ''with respect to the property so acquired'' after ''other
Federal payments'' wherever appearing.
Subsec. (b)(1). Act Aug. 8, 1953, 1(c), extended definition of
''other Federal payments'' to include, expressly, property taxes paid
with respect to Federal property whether paid by the United States or
other parties.
Section 7(b) of Pub. L. 101-305 provided that: ''The amendments
made by this section (amending this section) shall take effect on
October 1, 1989.''
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Section 711 of Pub. L. 98-511 provided that:
''(a) Except as provided in subsection (b), this Act and the
amendments made by this Act (see Tables for classification) shall take
effect on the date of enactment of this Act (Oct. 19, 1984) or October
1, 1984, whichever occurs later.
''(b) The amendments made by title I of this Act (see Tables for
classification) shall take effect on July 1, 1985.''
Section 1032 of title X of Pub. L. 95-561 provided that: ''This
title (amending this section and sections 238, 239, 240, 241, 241-1,
244, 633, 635, 640, 645, and 646 of this title, enacting provisions set
out as notes under sections 236, 240, and 244 of this title, and
amending provisions set out as a note under section 238 of this title)
shall be effective with respect to the 1979 fiscal year, and subsequent
fiscal years, except that --
''(1) the amendments made by section 1006 (amending section 240 of
this title) shall be effective upon enactment of this Act (Nov. 1,
1978), and actions of the Commissioner of Education under the Act of
September 30, 1950 (Public Law 874, Eighty-first Congress) (this
chapter), during or with respect to fiscal year 1978, shall be subject
to the provisions of such amendments;
''(2) the amendments made by sections 1003, 1007, 1011, and 1012
(amending sections 238, 240, and 244 of this title) shall be effective
with respect to fiscal year 1980, and subsequent fiscal years; and
''(3) the provisions of section 1015 (enacting provisions set out as
a note under section 236 of this title) shall be effective upon
enactment of this Act (Nov. 1, 1978).''
Section 303(b) of Pub. L. 93-380 provided that: ''The amendments
made by this section (amending this section and sections 239 and 241-1
of this title) shall be effective on and after July 1, 1973.''
Section 208 of Pub. L. 90-247 provided that: ''The amendments made
by sections 201, 203, 204, 205, 206, and 207 of this part (part A (
201-208) of title II of Pub. L. 90-247, amending this section and
sections 238, 244, 635, to 644, and 645 of this title) shall be deemed
to have been enacted prior to June 30, 1967, and shall be effective for
fiscal years beginning thereafter.''
Section 303, formerly 33 of Pub. L. 88-210, as renumbered by Pub.
L. 90-576, title I, 101(a)(1), Oct. 16, 1968, 82 Stat. 1064, which
provided that the amendments made by sections 31 and 32 (amending this
section and sections 238, 239, 633, 644, and 645 of this title) shall be
effective July 1, 1963, was repealed in the general revision of Pub. L.
88-210 by Pub. L. 98-524, 1, Oct. 19, 1984, 98 Stat. 2435.
Amendment by Pub. L. 87-344 effective for period beginning July 1,
1961, see section 103 of Pub. L. 87-344, set out as a note under
section 633 of this title.
Section 207 of Pub. L. 85-620 provided that: ''The amendments made
by this title (amending this section and sections 238, 239, 243, 244 of
this title and repealing section 245 of this title) shall be effective
for the period beginning July 1, 1958.''
Section 213 of title II of act Aug. 3, 1956, provided that: ''The
amendments made by this title (amending this section and sections 238,
239, 240, 243, 244, and 245 of this title) shall be effective July 1,
1956.''
Section 12 of act Aug. 8, 1953, provided that:
''(a) Except where a different effective date is specified, the
amendments made by the preceding sections of this Act (amending this
section and sections 238, 239, 240, 241, 243, 244, and 245 of this
title) shall become effective July 1, 1954. In the case of any local
educational agency which is entitled to payments for the fiscal year
ending June 30, 1954, under section 4(a) of the Act of September 30,
1950 (section 239(a) of this title), as in effect prior to the enactment
of this Act (Aug. 8, 1953), with respect to an increase in average daily
attendance occurring in such fiscal year, such agency shall be entitled
to payments for the fiscal year ending June 30, 1955, in accordance with
the provisions following clause (B) of such section as amended by this
Act; and for such purpose the amount to which such agency is so
entitled for the fiscal year ending June 30, 1954, shall be deemed to be
the product referred to in such section as amended by this Act.
''(b) The amendments made by the following provisions of this Act
shall become effective as of July 1, 1953:
''(1) Subsections (b) and (c) of the first section (amending this
section);
''(2) Subsections (b)(1) and (c) of section 2, and the second
sentence of subsection (d) of such section 2 (amending section 238 of
this title);
''(3) Section 8 (amending section 241 of this title); and
''(4) Subsection (a) of section 10 (amending section 244 of this
title).''
Pub. L. 102-103, title IV, 403(b), Aug. 17, 1991, 105 Stat. 509,
provided that: ''No portion of any payment received by a local
educational agency for fiscal year 1988, 1989, or 1990 under section 2
of the Act of September 30, 1950 (Impact Aid) (20 U.S.C. 237) may be
recovered on the ground that such payment was determined incorrectly by
employing a formula using such agency's base revenue limit per average
daily attendance.''
20 USC 238. Payments to local school agencies
TITLE 20 -- EDUCATION
(a) Children of persons who reside and work on Federal property;
parent in uniformed services; residents of Indian lands
For the purpose of computing the amount to which a local educational
agency is entitled under this section for any fiscal year, the Secretary
shall determine the number of children who were in average daily
attendance at the schools of such agency, and for whom such agency
provided free public education, during such fiscal year, and who, while
in attendance at such schools, resided on Federal property and --
(1) did so with a parent employed on Federal property situated (A) in
whole or in part in the county in which the school district of such
agency is located, or (B) if not in such county, in whole or in part in
the same State as the school district of such agency; or
(2) had a parent who was on active duty in the uniformed services (as
defined in section 101 of title 37).
In making a determination under clause (2) of the preceding sentence
with respect to a local educational agency for any fiscal year, the
Secretary shall include the number of children who were in average daily
attendance at the schools of such agency, and for whom such agency
provided free public education, during such year, and who, while in
attendance at such schools, resided on Indian lands, as described in
clause (A) of section 244(1) of this title.
(b) Children of persons who reside or work on Federal property, who
are on active duty in uniformed services, or who are refugees
For the purpose of computing the amount to which a local educational
agency is entitled under this section for any fiscal year ending prior
to October 1, 1993, the Secretary shall, in addition to any
determination made with respect to such agency under subsection (a) of
this section, determine the number of children (other than children with
respect to whom a determination is made for such fiscal year under
subsection (a) of this section) who were in average daily attendance at
the schools of such agency, and for whom such agency provided free
public education, during such fiscal year and who, while in attendance
at such schools, either --
(1) resided on Federal property, or
(2) resided with a parent employed on Federal property situated (A)
in whole or in part in the county in which the school district of such
agency is located, or in whole or in part in the school district of such
agency if the school district is located in more than one county, or (B)
if not in such county or district, in whole or in part in the same State
as the school district of such agency, or
(3) had a parent who was on active duty in the uniformed services (as
defined in section 101 of title 37).
For such purpose, with respect to a local educational agency, in the
case of any fiscal year ending prior to October 1, 1993, the Secretary
shall also determine the number of children (other than children to whom
subsection (a) of this section or the preceding sentence applies) who
were in average daily attendance at the schools of such agency and for
whom such agency provided free public education, during such fiscal
year, and who, while in attendance at such schools resided with a parent
who was, at any time during the three-year period immediately preceding
the beginning of the fiscal year for which the determination is made, a
refugee who meets the requirements of clauses (A) and (B) of section
2601(b)(3) /1/ of title 22, except that the Secretary shall not include
in his determination under this sentence for any fiscal year any child
with respect to whose education a payment was made under section
2601(b)(4) of title 22.
(c) Eligibility for payments; waiver of paragraph (1)(B) requirement
(1) Except as is provided in paragraph (2), no local educational
agency shall be entitled to receive a payment for any fiscal year with
respect to a number of children determined under subsection (a) and
subsection (b) of this section, unless the number of children so
determined with respect to such agency amounts to --
(A) at least four hundred such children; or
(B) a number of such children which equals at least 3 per centum of
the total number of children who were in average daily attendance,
during such year, at the schools of such agency and for whom such agency
provided free public education;
whichever is the lesser.
(2)(A)(i) If a local educational agency is eligible for a payment for
any fiscal year by the operation of clause (B) of paragraph (1), it
shall continue to be so eligible for the two succeeding fiscal years
even if such agency fails to meet the requirement of such clause (B)
during such succeeding fiscal years, except that the number of children
determined for the second such succeeding fiscal year with respect to
such agency for the purpose of any clause in paragraph (1) of subsection
(d) of this section shall not exceed 50 per centum of the number of
children determined with respect to such agency for the purpose of that
clause for the last fiscal year during which such agency was so
eligible.
(ii) If the Secretary determines with respect to any local
educational agency for any fiscal year that --
(I) such agency does not meet the requirement of clause (B) of
paragraph (1); and
(II) the application of such requirement, because of exceptional
circumstances, would defeat the purposes of this subchapter;
the Secretary is authorized to waive such requirement with respect to
such agency.
(B) No local educational agency shall be entitled to receive a
payment for any fiscal year with respect to a number of children
determined under the second sentence of subsection (b) of this section
unless the number of children so determined constitutes at least 20 per
centum of the total number of children who were in average daily
attendance at the schools of such agency and for whom such agency,
during such fiscal year, provided free public education.
(d) Amount of payments; special education programs, entitlement;
criteria; local contribution rate; formula; special determination for
territories; ''children with disabilities'', ''State'', and ''average
per pupil expenditure'' defined
(1) Except as is provided in paragraph (2), the amount to which a
local educational agency shall be entitled under this section for any
fiscal year shall be --
(A) in the case of any local educational agency with respect to which
the number of children is determined under subsection (a) of this
section an amount equal to 100 per centum of the local contribution rate
multiplied by the number of children determined under such subsection
plus the product obtained with respect to such agency under subparagraph
(B); and
(B) in any other case, an amount equal to 25 per centum of the local
contribution rate multiplied by the number of children determined with
respect to such agency for such fiscal year under subsection (b) of this
section.
(2)(A)(i) Except as provided in clause (ii), for any fiscal year
after September 30, 1988, funds reserved to make payments under
subparagraph (B) shall not exceed $25,000,000 from the funds
appropriated for such fiscal year.
(ii) In the event that the payments made under subparagraph (B) in
any fiscal year are less than $25,000,000, such remaining funds as do
not exceed $25,000,000 shall remain available until expended for the
purpose of carrying out the provisions of subparagraph (B). Such
remaining funds shall not be considered part of the funds reserved to
make payments under subparagraph (B), but shall be expended if funds in
excess of $25,000,000 are needed to carry out the provisions of
subparagraph (B) in any fiscal year.
(iii) If for any fiscal year the total amount of payments to be made
under subparagraph (B) exceeds $25,000,000 and the funds described in
clause (ii) are insufficient to make such payments, then the provisions
of clause (i) shall not apply.
(B) If the Secretary determines that --
(i) the amount of payment resulting from paragraph (1), as is
otherwise provided in this subsection with respect to any local
educational agency for any fiscal year, together with the funds
available to such agency from State and local sources and from other
sections of this subchapter, determined in accordance with subparagraph
(E), is less than the amount necessary to enable such agency to provide
a level of education equivalent to the State average during the
preceding fiscal year or to the average of that maintained during the
preceding fiscal year in three or more of the school districts of the
State which are generally comparable to the school district of such
agency, whichever is higher, increased or decreased, as the case may be,
in the same percentage as the cost of such level of education increased
or decreased from the second preceding fiscal year to the prior fiscal
year;
(ii) such agency is making a reasonable tax effort and exercising due
diligence in availing itself of State and other financial assistance;
(iii) not less than 50 per centum of the total number of children who
were in average daily attendance at the schools of such agency during
such fiscal year and for whom such agency provided free public education
were, during such fiscal year, determined under either subsection (a) or
subsection (b) of this section, or both; and
(iv) the eligibility of such agency under State law for State aid
with respect to free public education of children residing on Federal
property, and the amount of such aid, are determined on a basis no less
favorable to such agency than the basis used in determining the
eligibility of local educational agencies for State aid, and the amount
thereof, with respect to the free public education of other children in
the State;
the Secretary shall increase the actual payment to be made pursuant
to the amount computed under paragraph (1) with respect to such agency
for such fiscal year to the extent necessary to enable such agency to
provide a level of education equivalent to that maintained in such
comparable school districts. The increase computed under this
subparagraph shall be sufficient to allow the school district of the
local educational agency to provide a level of education (calculated in
accordance with this subparagraph) equal to the average of the three
comparable districts in the State or the State average, whichever is
greater, as described in clause (i). For the purpose of clause (ii),
the Secretary shall determine that a reasonable tax effort has been made
if the tax rate of the agency in the year for which the determination is
made is an amount that is at least equal to 95 percent of the average
tax rate for general fund purposes of comparable school districts for
such fiscal year. Coterminous military districts shall be deemed to
meet the requirement of such reasonable tax effort. Except for
coterminous military districts, payments made to any agency under this
subparagraph in any fiscal year shall be reduced by the percentage that
the average tax rate for operational purposes of the comparable school
districts or, if none, the State average tax rate, exceeds the tax rate
of such agency. Subject to the provisions of subsection (h) of this
section, the Secretary shall not, under the preceding sentence, increase
the amount computed under paragraph (1) with respect to any local
educational agency for any fiscal year to an amount which exceeds the
product of --
(I) the amount the Secretary determines to be the cost per pupil of
providing a level of education maintained in such comparable school
districts during such fiscal year,
multiplied by --
(II) the number of children determined with respect to such agency
for such year under either subsection (a) or subsection (b) of this
section, or both,
minus the amount of State aid which the Secretary determines to be
available with respect to such children for the fiscal year for which
the computation is being made. In carrying out the provisions of this
subparagraph, the Secretary shall not prorate the amounts computed under
this subparagraph attributable to the number of children determined
under subsection (a) or (b) of this section, or both. In carrying out
the provisions of this subparagraph, the Secretary shall count the
actual number of children with respect to such agency for each fiscal
year under subsection (b) of this section without regard to the
provisions of subparagraph (E) of this paragraph.
(C)(i) The amount of the entitlement of any local educational agency
under this section for any fiscal year with respect to children with
disabilities and children with specific learning disabilities for whom a
determination is made under subsection (a)(2) or (b)(3) of this section
and for whom such local educational agency is providing a program
designed to meet the special educational and related needs of such
children shall be the amount determined under paragraph (1) with respect
to such children for such fiscal year multiplied by 150 per centum.
(ii) For the purposes of division (i), programs designed to meet the
special educational and related needs of such children shall be
consistent with criteria established under division (iii).
(iii) The Secretary shall by regulation establish criteria for
assuring that programs (including preschool programs) provided by local
educational agencies for children with respect to whom this subparagraph
applies are of sufficient size, scope, and quality (taking into
consideration the special educational needs of such children) as to give
reasonable promise of substantial progress toward meeting those needs,
and in the implementation of such regulations the Secretary shall
consult with persons in charge of special education programs for
children with disabilities in the educational agency of the State in
which such local educational agency is located.
(iv) For the purpose of this subparagraph the term ''children with
disabilities'' has the same meaning as specified in section 1401(1) /2/
of this title and the term ''children with specific learning
disabilities'' has the same meaning as specified in section 1401(15) /2/
of this title.
(D) The amount of the entitlements of any local educational agency
under this section for any fiscal year with respect to children who,
while in attendance at such agency, resided on Indian lands, as
described in clause (A) of section 244(1) of this title, shall be the
amount determined under paragraph (1) with respect to such children for
such fiscal year multiplied by 125 per centum. Funds received under
this section may be used to pay tuition for any student not eligible for
funding under section 2008 of title 25 in any school receiving funding
under such section. No condition involving program or personnel shall
apply to any such payments.
(E) For the purpose of subparagraph (B)(i) of this paragraph --
(i) available funds may not include any cash balance at the end of a
year allowed under State law; or
(ii) whenever no State law governing cash balance exists, available
funds may not include 30 percent of the local educational agency's
operating costs.
(3)(A) Except as is provided in subparagraph (B), in order to compute
the local contribution rate for a local educational agency for any
fiscal year, the Secretary, after consulting with the State educational
agency of the State in which the local educational agency is located and
with the local educational agency, shall determine which school
districts within such State are generally comparable to the school
district of the local educational agency for which the computation is
being made. The local contribution rate for such agency shall be the
quotient of --
(i) the aggregate current expenditures, during the second fiscal year
preceding the fiscal year for which the computation is made, which the
local educational agencies of such comparable school districts derived
from local sources,
divided by --
(ii) the aggregate number of children in average daily attendance for
whom such agency provided free public education during such second
preceding fiscal year.
(B)(i) The local contribution rate for a local educational agency in
any State shall not be less than --
(I) 50 per centum of the average per pupil expenditure in such State,
or
(II) 50 per centum of such expenditures in all the States,
whichever is greater, except that clause (II) shall not operate in
such a manner as to make the local contribution rate for any local
educational agency in any State exceed an amount equal to the average
per pupil expenditure in such State.
(ii) If the current expenditures in those school districts which the
Secretary has determined to be generally comparable to the school
district of the local educational agency for which a computation is made
under subparagraph (A) are not reasonably comparable because of unusual
geographical factors which affect the current expenditures necessary to
maintain, in the school district of such agency, a level of education
equivalent to that maintained in such other school districts, the
Secretary shall increase the local contribution rate for such agency by
such an amount which he determines will compensate such agency for the
increase in current expenditures necessitated by such unusual
geographical factors. The amount of any such supplementary payment may
not exceed the per pupil share (computed with regard to all children in
average daily attendance), as determined by the Secretary, of the
increased current expenditures necessitated by such unusual geographical
factors.
(iii) The local contribution rate for any local educational agency in
--
(I) Puerto Rico, Wake Island, Guam, American Samoa, the Northern
Mariana Islands, or the Virgin Islands, or
(II) any State in which a substantial proportion of the land is in
unorganized territory, or
(III) any State in which there is only one local education agency,
shall be determined for any fiscal year by the Secretary in
accordance with policies and principles which will best achieve the
purposes of this section and which are consistent with the policies and
principles provided in this paragraph for determining local contribution
rates in States where it is possible to determine generally comparable
school districts.
(C) The local contribution rate for a local educational agency shall
include current expenditures from that portion of a real property tax
required to be levied, collected, and distributed to local educational
agencies by county governments pursuant to State law where the remainder
of such real property tax is transferred to the State.
(D) For the purposes of this paragraph --
(i) the term ''State'' does not include Puerto Rico, Wake Island,
Guam, American Samoa, the Northern Mariana Islands, or the Virgin
Islands; and
(ii) the ''average per pupil expenditure'' in a State shall be (I)
the aggregate current expenditures, during the second fiscal year
preceding the fiscal year for which the computation is made of all local
educational agencies in the State, divided by (II) the aggregate number
of children in average daily attendance for whom such agencies provide
free public education during such second preceding fiscal year.
(e) Adjustment for certain decreases in Federal activities
(1) Whenever the Secretary of Education determines that --
(A) for any fiscal year, the number of children determined with
respect to any local educational agency under subsections (a) and (b) of
this section is less than 90 percent of the number so determined with
respect to such agency during the preceding fiscal year;
(B) there has been a decrease or cessation of Federal activities
within the State in which such agency is located; and
(C) such decrease or cessation has resulted in a substantial decrease
in the number of children determined under subsections (a) and (b) of
this section with respect to such agency for such fiscal year;
the amount to which such agency is entitled for such fiscal year and
for any of the 3 succeeding fiscal years shall not be less than 90
percent of the payment such agency received under this subsection and
subsections (a) and (b) of this section for the preceding fiscal year.
(2) There is authorized to be appropriated for each fiscal year such
amount as may be necessary to carry out the provisions of this
subsection, which remain available until expended.
(3) Expenditures pursuant to paragraph (2) shall be reported by the
Secretary to the Committees on Appropriations and Education and Labor of
the House of Representatives and the Committees on Appropriations and
Labor and Human Resources of the Senate within 30 days of expenditure.
(4) The Secretary shall make available to the Congress in the
Department of Education's annual budget submission, the amount of funds
necessary to defray the costs associated with the provisions of this
subsection during the fiscal year for which the submission is made.
(f) Determinations on basis of estimates
Determinations with respect to a number of children by the Secretary
under this section for any fiscal year shall be made, whenever actual
satisfactory data are not available, on the basis of estimates. No such
determination shall operate, because of an underestimate, to deprive any
local educational agency of its entitlement to any payment (or the
amount thereof) under this section to which such agency would be
entitled had such determination been made on the basis of accurate data.
(g) Spending vote requirement prohibited
Notwithstanding any other provisions of this chapter, no State may
require that a vote of the qualified electors of a heavily impacted
school district of a local educational agency be held to determine if
such school district will spend the amounts to which the local
educational agency is entitled under this chapter.
(h) Special provisions
(1) Any local educational agency for which the boundaries of the
school district of such agency are coterminous with the boundaries of a
military installation and which is not eligible to receive payments
under subsection (d)(2)(B) of this section shall receive 100 percent of
the amounts to which such agency is entitled under subsection (a) of
this section.
(2) For the fiscal year beginning October 1, 1987, and for each year
thereafter, the local contribution rate for coterminous local
educational agencies under paragraph (1) shall be not less than 70 per
centum of the average per pupil expenditure in all States during the
second preceding year prior to the fiscal year for which the
determination is made unless such payment would raise the per pupil
expenditure above the average for that State. Whenever the preceding
sentence applies, the local contribution rate may not be less than the
amount necessary to raise the per pupil expenditure for that district to
the average per pupil expenditure for the State in which such agency is
located. The first 2 sentences of this paragraph shall not apply for
local educational agencies in any State in which the State equalization
law would prohibit the local educational agency from retaining such
additional funds or in which State law would require that the State
contribution would be reduced in proportion to such additional funds.
The local contribution rate for local educational agencies under this
paragraph may not be less than 50 per centum of the average per pupil
expenditure in all States during the second preceding fiscal year prior
to the fiscal year for which the determination is made.
(Sept. 30, 1950, ch. 1124, title I, 3, formerly 3, 64 Stat. 1102;
Aug. 8, 1953, ch. 402, 2, 67 Stat. 530; Aug. 12, 1955, ch. 868, 1,
69 Stat. 713; Aug. 1, 1956, ch. 852, 10, 70 Stat. 909; Aug. 3, 1956,
ch. 915, title II, 202-206, 70 Stat. 970, 971; Aug. 12, 1958, Pub.
L. 85-620, title II, 202, 72 Stat. 559; June 25, 1959, Pub. L. 86-70,
18(d)(1)-(3), 73 Stat. 144, 145; July 12, 1960, Pub. L. 86-624,
14(d)(1)-(3), 74 Stat. 414; Oct. 3, 1961, Pub. L. 87-344, title I,
102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, title III, 302,
formerly 32, 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90-576,
title I, 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88-665,
title XI, 1102(a), 78 Stat. 1109; renumbered and amended Apr. 11,
1965, Pub. L. 89-10, title I, 2, 3(a), 4(d)(2), 5, 79 Stat. 27, 34-36;
Nov. 1, 1965, Pub. L. 89-313, 4(a), 79 Stat. 1161; Nov. 3, 1966, Pub.
L. 89-750, title II, 201, 80 Stat. 1210; Jan. 2, 1968, Pub. L. 90-247,
title II, 204(d), 205(a), 206, title III, 301(e), 81 Stat. 808, 809,
813; Apr. 13, 1970, Pub. L. 91-230, title II, 201(b), 202, 84 Stat.
154, 155; Aug. 21, 1974, Pub. L. 93-380, title III, 304(a)(1),
(b)(1), 305(a)(1), 88 Stat. 522, 523; Apr. 21, 1976, Pub. L. 94-273,
3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95-561, title X, 1001(b),
1002, 1003(a), (b), (d), 1004, 1031(a), title XI, 1101(a), 92 Stat.
2306, 2307, 2312, 2313; Aug. 13, 1981, Pub. L. 97-35, title V,
505(a)(2), 95 Stat. 442; Sept. 24, 1983, Pub. L. 98-94, title XII,
1255(b), 97 Stat. 701; Oct. 19, 1984, Pub. L. 98-511, title III,
301(a)(1)-(3), 303(a), 98 Stat. 2388; Nov. 8, 1984, Pub. L. 98-619,
title III, 300, 98 Stat. 3323; July 2, 1986, Pub. L. 99-349, title I,
100 Stat. 739, 740; Apr. 28, 1988, Pub. L. 100-297, title II,
2011(a)(1), 2012(a), 2014, 2019, 102 Stat. 294, 300; May 11, 1989, Pub.
L. 101-26, 2(b), 103 Stat. 54; May 30, 1990, Pub. L. 101-305, 3(a),
(b), 104 Stat. 255, 256; Oct. 30, 1990, Pub. L. 101-476, title IX,
901(a)(3), (f)(1), 104 Stat. 1142, 1151; Aug. 17, 1991, Pub. L.
102-103, title IV, 401, 105 Stat. 508.)
Section 2601(b) of title 22, referred to in subsec. (b), was amended
generally by Pub. L. 96-212, title III, 312(b), Mar. 17, 1980, 94
Stat. 116, and, as so amended, does not contain pars. (3) or (4).
Section 1401(1) and section 1401(15) of this title, referred to in
subsec. (d)(2)(C)(iv), were redesignated section 1401(a)(1) and section
1401(a)(15), respectively, of this title by Pub. L. 98-199, 2(6), Dec.
2, 1983, 97 Stat. 1357.
1991 -- Subsec. (e)(1), (2). Pub. L. 102-103 inserted ''this
subsection and'' before ''subsections (a) and (b)'' in concluding
provisions of par. (1) and substituted ''subsection'' for ''section''
in par. (2).
1990 -- Subsec. (d)(2)(A). Pub. L. 101-305, 3(a)(1), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: ''For any fiscal year after September 30, 1988, the total
amount of payments under subparagraph (B) may not exceed $20,000,000.''
Subsec. (d)(2)(B). Pub. L. 101-305, 3(a)(2), repealed Pub. L.
101-26, 2(b)(2)(B), and provided that this chapter shall be applied and
administered as if such provision had not been enacted. See 1989
Amendment note below.
Subsec. (d)(2)(C)(i), (iii). Pub. L. 101-476, 901(f)(1),
substituted ''children with disabilities'' for ''handicapped children''.
Subsec. (d)(2)(C)(iv). Pub. L. 101-476, 901(a)(3), (f)(1),
substituted ''children with disabilities'' for ''handicapped children''
and substituted reference to the Individuals with Disabilities Education
Act for reference to the Education of the Handicapped Act in the
original, which for purposes of codification was translated as section
1401 of this title, thus requiring no change in text.
Subsec. (e). Pub. L. 101-305, 3(b), amended subsec. (e) generally.
Prior to amendment, subsec. (e) read as follows: ''Whenever the
Secretary determines that --
''(1) for any fiscal year, the number of children determined with
respect to any local educational agency under subsections (a) and (b) of
this section is less than 90 per centum of the number so determined with
respect to such agency during the preceding fiscal year;
''(2) there has been a decrease or cessation of Federal activities
within the State in which such agency is located; and
''(3) such decrease or cessation has resulted in a substantial
decrease in the number of children determined under subsections (a) and
(b) of this section with respect to such agency for such fiscal year;
the amount to which such agency is entitled for such fiscal year and
for any of the three succeeding fiscal years shall not be less than 90
per centum of the amount to which such agency was so entitled for the
preceding fiscal year. That part of any entitlement of any local
educational agency which is in excess of the amount which such
entitlement would be without the operation of the preceding sentence
shall be deemed to be attributable to determinations of children with
respect to such agency under subsection (b)(2)(A) of this section.''
1989 -- Subsec. (d)(2)(A). Pub. L. 101-26, 2(b)(1), added subpar.
(A).
Subsec. (d)(2)(B). Pub. L. 101-26, 2(b)(2)(A), substituted ''95
percent of the average tax'' for ''80 percent of the average tax'' in
third sentence.
Pub. L. 101-26, 2(b)(2)(B), which in provisions following cl. (II),
struck out ''In carrying out the provisions of this subparagraph, the
Secretary shall not prorate the amounts computed under this subparagraph
attributable to the number of children determined under subsection (a)
or (b) of this section, or both.'', was repealed by Pub. L. 101-305,
3(a)(2). See 1990 Amendment note above.
1988 -- Subsec. (a). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner'' in two places.
Subsec. (b). Pub. L. 100-297, 2011(a)(1), 2012(a), substituted
''October 1, 1993'' for ''October 1, 1988'' in two places and
''Secretary'' for ''Commissioner'' in three places.
Subsec. (c)(2)(A)(ii). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner'' in two places.
Subsec. (d)(1)(A). Pub. L. 100-297, 2014(a), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ''in the
case of any local educational agency with respect to which the number of
children determined for such fiscal year under subsection (a) of this
section amounts to at least 20 per centum of the total number of
children who were in average daily attendance at the schools of such
agency during such fiscal year and for whom such agency provided free
public education, an amount equal to 100 per centum of the local
contribution rate multiplied by the number of children determined under
such subsection plus the sum of the products obtained with respect to
such agency under clauses (B)(iii), (B)(iv), and (B)(v); and''.
Subsec. (d)(1)(B). Pub. L. 100-297, 2014(b), amended subpar. (B)
generally, substituting ''25 per centum of the local contribution rate
multiplied by the number of children determined with respect to such
agency for such fiscal year under subsection (b) of this section'' for
former cls. (i) to (v).
Subsec. (d)(2)(B). Pub. L. 100-297, 2014(c)(2), inserted after first
sentence ''The increase computed under this subparagraph shall be
sufficient to allow the school district of the local educational agency
to provide a level of education (calculated in accordance with this
subparagraph) equal to the average of the three comparable districts in
the State or the State average, whichever is greater, as described in
clause (i). For the purpose of clause (ii), the Secretary shall
determine that a reasonable tax effort has been made if the tax rate of
the agency in the year for which the determination is made is an amount
that is at least equal to 80 percent of the average tax rate for general
fund purposes of comparable school districts for such fiscal year.
Coterminous military districts shall be deemed to meet the requirement
of such reasonable tax effort. Except for coterminous military
districts, payments made to any agency under this subparagraph in any
fiscal year shall be reduced by the percentage that the average tax rate
for operational purposes of the comparable school districts or, if none,
the State average tax rate, exceeds the tax rate of such agency.''
Pub. L. 100-297, 2011(a)(1), substituted ''Secretary'' for
''Commissioner'' in five places.
Subsec. (d)(2)(B)(i). Pub. L. 100-297, 2014(c)(1), amended cl. (i)
generally. Prior to amendment, cl. (i) read as follows: ''the amount
computed under paragraph (1), as is otherwise provided in this
subsection with respect to any local educational agency for any fiscal
year, together with the funds available to such agency from State and
local sources and from other sections of this subchapter, is less than
the amount necessary to enable such agency to provide a level of
education equivalent to that maintained in the school districts of the
State which are generally comparable to the school district of such
agency;''.
Subsec. (d)(2)(C)(iii). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner'' in two places.
Subsec. (d)(2)(D). Pub. L. 100-297, 2019, inserted provision at end
permitting funds received under this section to be used to pay tuition
for any student not eligible for funding under section 2008 of title 25
in any school receiving funding under such section and providing no
condition involving program or personnel shall apply to any such
payments.
Subsec. (d)(2)(E). Pub. L. 100-297, 2014(c)(3), amended subpar. (E)
generally. Prior to amendment, subpar. (E) read as follows:
''(E)(i) The amount of the entitlement of any local educational
agency under this section for fiscal year 1982 with respect to children
determined under subsection (b) of this section with respect to such
agency shall be the amount determined under paragraph (1) with respect
to such children multiplied by 66 2/3 per centum.
''(ii) The amount of the entitlement of any local educational agency
under this section for any of the fiscal years 1983 through 1988 with
respect to children determined under subsection (b) of this section with
respect to such agency shall be the amount determined under paragraph
(1) with respect to such children multiplied by 33 1/3 per centum.''
Subsec. (d)(3)(A). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner'' in introductory provisions.
Subsec. (d)(3)(B)(ii). Pub. L. 100-297, 2014(d), substituted
''shall'' for ''is authorized to'' and inserted provision at end that
the amount of any such supplementary payment not exceed the per pupil
share, computed with regard to all children in average daily attendance,
of the increased current expenditures necessitated by such unusual
geographical factors.
Pub. L. 100-297, 2011(a)(1), substituted ''Secretary'' for
''Commissioner'' in two places.
Subsec. (d)(3)(B)(iii). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner'' in concluding provisions.
Subsecs. (e), (f). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner''.
Subsec. (h). Pub. L. 100-297, 2014(e), designated existing provision
as par. (1) and added par. (2).
1986 -- Subsec. (d)(2)(B). Pub. L. 99-349, in provision following
cl. (iv), substituted ''the Secretary shall increase the actual payment
to be made pursuant to the amount'' for ''the Secretary shall increase
the amount'' and inserted provision that in carrying out the provisions
of this subpar., the Secretary shall count the actual number of children
with respect to such agency for each fiscal year under subsec. (b) of
this section without regard to provisions of subpar. (E).
Subsec. (d)(3)(C), (D). Pub. L. 99-349 added subpar. (C) and
redesignated former subpar. (C) as (D).
1984 -- Subsec. (b). Pub. L. 98-511, 301(a)(1), substituted
''1988'' for ''1983'' in two places.
Subsec. (c)(2)(A). Pub. L. 98-511, 301(a)(3), struck out cl. (i)
which provided that cl. (B) of par. (1) would not operate to make any
local educational agency eligible for a payment under this section for
any fiscal year unless the number of children with respect to whom
determination was made under subsecs. (a) and (b) of this section
respecting such agency for that fiscal year was at least ten, and
redesignated as cls. (ii) and (iii) as (i) and (ii), respectively.
Subsec. (d)(2)(B). Pub. L. 98-511, 303(a)(1), (2)(A), and Pub. L.
98-619 made identical amendments by substituting ''Subject to the
provisions of subsection (h) of this section, the Secretary shall not''
for ''The Secretary shall not'' and by inserting at end provisions
prohibiting proration of amounts attributable to number of children.
Subsec. (d)(2)(E). Pub. L. 98-511, 301(a)(2), substituted in cl.
(ii) ''any of the fiscal years 1983 through 1988'' for ''fiscal year
1983 or 1984'', and struck out cl. (iii) which provided that the amount
of the entitlement of any local educational agency under this section
for fiscal year 1985 or any succeeding fiscal year with respect to
children determined under subsec. (b) of this section with respect to
such agency would be zero.
Subsec. (h). Pub. L. 98-511, 303(a)(2)(B), and Pub. L. 98-619 each
added a subsec. (h) which were identical.
1983 -- Subsec. (d)(2)(E)(ii). Pub. L. 98-94, 1255(b)(1), inserted
''or 1984'' after ''fiscal year 1983''.
Subsec. (d)(2)(E)(iii). Pub. L. 98-94, 1255(b)(2), substituted
''fiscal year 1985'' for ''fiscal year 1984''.
1981 -- Subsec. (d)(2)(E). Pub. L. 97-35 added subpar. (E).
1978 -- Subsec. (b). Pub. L. 95-561, 1001(b), 1002, substituted
''1983'' for ''1978'' in provisions preceding par. (1) and following
par. (3), inserted '', or in whole or in part in the school district of
such agency if the school district is located in more than one county''
after ''located'' in par. (2)(A), and inserted ''or district'' after
''county'' in par. (2)(B).
Subsec. (d)(1)(A). Pub. L. 95-561, 1003(a), substituted ''20 per
centum'' for ''25 per centum''.
Subsec. (d)(2)(A). Pub. L. 95-561, 1004, struck out subpar. (A)
which required districts to absorb a certain percentage of
federally-impacted children before receiving any payments.
Subsec. (d)(2)(B). Pub. L. 95-561, 1003(b), substituted ''or
subsection (b) of this section'' for ''or clause (1) of subsection (b)
of this section'' in cl. (iii), ''the Commissioner shall increase the
amount computed'' for ''the Commissioner is authorized, to increase the
amount computed'' in provisions following cl. (iv), and ''or subsection
(b) of this section'' for ''or clause (1) of subsection (b) of this
section'' in cl. (II).
Subsec. (d)(2)(D). Pub. L. 95-561, 1101(a), added subpar. (D).
Subsec. (d)(3)(B)(iii)(I), (C)(i). Pub. L. 95-561, 1031(a),
inserted ''the Northern Mariana Islands,'' after ''American Samoa,''.
Subsec. (g). Pub. L. 95-561, 1003(d), added subsec. (g).
1976 -- Subsec. (b). Pub. L. 94-273 substituted ''October'' for
''July'' wherever appearing.
1974 -- Subsec. (a). Pub. L. 93-380, 305(a)(1), inserted in par.
(1) ''(A) in whole or in part in the county in which the school district
of such agency is located, or (B) if not in such county,'' before ''in
whole or in part in the same State as the school district of such
agency'', struck out following such phrase ''or situated within
reasonable commuting distance from the school district of such agency'',
substituted ''section 101 of title 37'' for ''section 102 of the Career
Compensation Act of 1949'', and inserted provision for inclusion of
children, in average daily attendance at the agency schools, residing on
Indian lands.
Subsec. (b). Pub. L. 93-380, 305(a)(1), in revising provisions,
among other changes, substituted ''1978'' for ''1973'', ''the
Commissioner shall, in addition to any determination made with respect
to such agency under subsection (a) of this section, determine the
number of children (other than children with respect to whom a
determination is made for such fiscal year under subsection (a) of this
section),'' for ''the Commissioner shall also determine the number of
children (other than children to whom subsection (a) of this section
applies)'', ''section 101 of title 37'' for ''section 102 of the Career
Compensation Act of 1949'', and ''(other than children to whom
subsection (a) of this section or the preceding sentence applies)'' for
''other than children to whom subsection (a) of this section or any
other provision of this subsection applies'', inserted in item (2) ''(A)
in whole or in part in the county in which the school district of such
agency is located, or (B) if not in such county,'' before ''in whole or
part'', substituted following ''same State'' ''as the school district of
such agency'' for ''as such agency or situated within reasonable
commuting distance from the school district of such agency'', and
inserted exception clause.
Pub. L. 93-380, 304(a)(1), substituted ''1975'' for ''1973''
wherever appearing.
Subsec. (c)(1). Pub. L. 93-380, 305(a)(1), added a new par. (1),
incorporating part of first sentence of former par. (2) which read:
''No local educational agency shall be entitled to receive any payment
for a fiscal year with respect to a number of children determined under
subsection (a) or the first sentence of subsection (b) of this section,
as the case may be, unless the number of children who were in average
daily attendance during such year and to whom such subsection or such
sentence applies -- (A) is ten or more; and (B) amounts to, whichever
is the lesser, four hundred such children, or a number of such children
equal to 3 per centum or more of the total number of children who were
in average daily attendance during such year and for whom such agency
provided free public education. . . .'' Former par. (1) provided:
''The amount to which a local educational agency is entitled under this
section for any fiscal year shall be an amount equal to (A) the local
contribution rate (determined under subsection (d) of this section)
multiplied by (B) the sum of the number of children determined under
subsection (a) of this section and one-half of the number determined
under subsection (b) of this section.'', now covered in subsec. (d) of
this section.
Subsec. (c)(2). Pub. L. 93-380, 305(a)(1), substituted new
provisions respecting eligibility for payments, incorporating in:
subpar. (A)(i) former subpar. (A) requirement of ten or more; subpar.
(A)(ii) former subpar. (B) provision reading ''except that such 3 per
centum requirement need not be met by such agency for any period of two
fiscal years which follows a fiscal year during which such agency met
such requirement and was entitled to payment under the provisions of
this section, but the payment, under the provisions of this section to
such agency for the second fiscal year of any such two-year period
during which such requirement is not met, shall be reduced by 50 per
centum of the amount thereof''; subpar. (A)(iii) former third sentence
reading ''Notwithstanding the provisions of clause (B) of this
paragraph, the Commissioner may waive the 3 per centum condition of
entitlement contained in such clause whenever, in his judgment,
exceptional circumstances exist which would make the application of such
condition inequitable and would defeat the purposes of this subchapter;
and subpar. (B) former subsec. (c)(3) provisions described thereunder.
Subsec. (c)(3). Pub. L. 93-380, 305(a)(1), struck out ''No local
educational agency shall be entitled to receive any payment for a fiscal
year with respect to a number of children determined under the second
sentence of subsection (b) of this section unless the number of children
who were in average daily attendance to whom such sentence applies
amounts to 20 per centum or more of the number of children who were in
average daily attendance during such year and for whom such agency
provided free public education, but in determining the number of such
children under such second sentence no child shall be counted with
respect to whose education a payment was made under section 2601(b)(4)
of title 22.'', now covered in subsec. (c)(2)(B) of this section.
Subsec. (c)(4). Pub. L. 93-380, 305(a)(1), struck out provisions of
former par. (4)(A)-(D), respecting computation of amount of
entitlement, now substantially incorporated in subsec. (d)(2)(B) of
this section.
Subsec. (c)(5). Pub. L. 93-380, 305(a)(1), struck out provisions
stating ''The determinations whether a local educational agency has met
the requirements for eligibility under paragraphs (2)(B) and (4)(C) of
this subsection for any fiscal year shall be made on the basis of
estimates by the Commissioner made prior to the close of such year,
except that an underestimate made by the Commissioner pursuant to the
foregoing provisions of this sentence shall not operate to deprive an
agency of its entitlement to any payments under this section to which it
would be entitled had the estimate been accurate.'', now incorporated in
subsec. (f) of this section.
Subsec. (d). Pub. L. 93-380, 305(a)(1), substituted new provisions
respecting amount of payments, incorporating in: par. (1)(A)
provisions of former subsec. (c)(1); par. (2)(B) provisions of former
subsec. (c)(4); par. (3)(A) provisions of first, second, and fourth
sentences of former subsec. (d); par. (3)(B)(ii) provisions of third
sentence of former subsec. (d); par. (3)(B)(iii) provisions of sixth
sentence of former subsec. (d); and par. (3)(C)(ii) provisions of
fifth sentence of former subsec. (d) of this section.
Subsec. (e). Pub. L. 93-380, 305(a)(1), substituted new provisions
respecting adjustments for decreases in Federal activities for prior
provisions which increased the amount the local educational agency would
have been entitled but for the decrease in or cessation of Federal
activities or the failure of such activities to occur, minus any
reduction in current expenditures for such year effected by reason of
such decrease or cessation of Federal activities or the failure of such
activities to occur when (1) a local educational agency made
preparations to provide during a fiscal year free public education for a
certain number of children to whom subsec. (a) or (b) applied; (2)
such preparations were reasonable in the light of information available
at the time preparations were made; and such number was substantially
reduced by reason of a decrease in or cessation of Federal activities or
by reason of a failure of any of such activities to occur.
Subsec. (f). Pub. L. 93-380, 305(a)(1), added subsec. (f),
effective on and with respect to appropriations for fiscal years
beginning on and after July 1, 1975. Former similar provisions were
contained in subsec. (c)(5) of this section.
Pub. L. 93-380, 304(b)(1), inserted provisions, effective on and
after July 1, 1974, reading: ''Notwithstanding any other provision of
subchapter II of this chapter (including the provisions of section
240(c) of this title), a local educational agency with respect to which
the number of children determined for any fiscal year under subsection
(a) of this section amounts to at least 25 per centum of the total
number of children who were in average daily attendance at the schools
of such agency during such fiscal year and for whom such agency provided
free public education, shall receive an amount equal to 100 per centum
of the amounts to which such agency would be otherwise entitled under
subsection (a) of this section.''
1970 -- Subsec. (b). Pub. L. 91-230, 201(b), 202(a), substituted
''1973'' for ''1970'' in first sentence and substituted provision for
determination of refugee children in case of fiscal years ending prior
to July 1, 1973, for prior provision for such determination in case of
children whose residence changed as a result of land transferred to
Mexico for fiscal year ending June 30, 1967, respectively.
Subsec. (c)(2). Pub. L. 91-230, 202(b), inserted ''the first
sentence of'' before ''subsection (b) of this section'' in text
preceding subpar. (A) and in second sentence and inserted ''or such
sentence'' after ''to whom such subsection applies'' in text preceding
subpar. (A).
Subsec. (c)(3). Pub. L. 91-230, 202(c), added par. (3).
1968 -- Subsec. (b). Pub. L. 90-247, 205(a), 301(e), substituted
''1970'' for ''1968'' and inserted ''; but if, by reason of any other
provision of law, this sentence is not considered in computing the
amount to which any local educational agency is entitled for the fiscal
year ending June 30, 1967, the additional amount to which such agency
would have been entitled had this sentence been so considered, shall be
added to such agency's entitlement for the first fiscal year for which
funds appropriated to carry out this chapter may be used for such
purpose'' after ''international boundary of the United States''.
Subsec. (d). Pub. L. 90-247, 206, inserted in first sentence ''and
the local educational agency'' after ''the State educational agency'',
substituted in cl. (1) of first sentence provisions requiring the
Commissioner to determine which school districts within the State are in
his judgment generally comparable to the school districts of the agency
for which the computation is being made for provisions which required
him to place each school district within the State into a group of
generally comparable school districts, substituted in cl. (2) of first
sentence ''the local educational agencies of such comparable school
districts'' for ''all of the local educational agencies within any such
group of comparable school districts'', and substituted in third
sentence ''in those school districts which he has selected under clause
(1)'' for ''in the school districts within the generally comparable
groups as determined under clause (1)''.
Subsecs. (e), (f). Pub. L. 90-247, 204(d), struck out subsec. (e)
which required deduction of certain Federal contributions in determining
total amount which a local educational agency is entitled to receive
under this section, and redesignated subsec. (f) as (e).
1966 -- Subsec. (b). Pub. L. 89-750, 201(c), (d), substituted
provisions for counting of all children of servicemen on active duty for
provisions allowing such inclusion but not in cases where the serviceman
was not employed on Federal property except in cases where he had been
employed on Federal property and subsequently assigned elsewhere and
inserted provision for the determination of the number of children,
other than children to whom subsec. (a) or any other provision of
subsec. (b) applies, who are receiving free public education, during
fiscal year 1967, as the result of a change in residence from land
transferred to Mexico as a part of a relocation of an international
boundary of the United States.
Subsec. (c)(2)(B). Pub. L. 89-750, 201(a)(1), inserted '', whichever
is the lesser, four hundred such children, or a number of such children
equal to'' before ''3 per centum''.
Subsec. (c)(5). Pub. L. 89-750, 201(a)(2), substituted
''requirements for eligibility under paragraphs (2)(B) and (4)(C) of
this subsection'' for ''percentage requirements for eligibility under
paragraphs (2) and (4) of this subsection''.
Subsec. (d). Pub. L. 89-750, 201(b), struck out requirement that the
Commissioner consult with local educational agencies before determining
the local contribution rate, substituted provisions for the placement of
each school district within the State into a group of generally
comparable school districts for provisions for the making of a
determination of which school districts within the State are in the
judgment of the Commissioner generally comparable to the school district
of the agency for which the computation is being made, substituted
provisions for working with the expenditures of all of the local
educational agencies within the group of comparable school districts in
determining the local contribution rate for provisions for working with
the expenditures of the local educational agencies of the comparable
school districts for which the Commissioner is making the computation,
and inserted reference to direct current expenditures by the States for
the operation of local educational agencies in the determination of
average per pupil expenditures.
Subsec. (e). Pub. L. 89-750, 201(e), substituted provisions that
taxes and other Federal payments made with respect to Federal property
be deducted from the gross entitlement of the local educational agency
on the same basis for provisions that Federal payments other than taxes
be deducted only to the extent that the Federal entitlement claimed
because of that property, but that all taxes be deducted without
reference to the amount of entitlement attributed to the particular
property on which the taxes are paid, eliminated provision under which
certain States are allowed to avoid the deduction by not making tax
receipts available for current expenses, and provided that deductions on
account of other Federal payments which amount to $1,000 or less are to
be disregarded.
1965 -- Subsec. (b). Pub. L. 89-10, 5, substituted ''1968'' for
''1966''.
Subsec. (c)(2). Pub. L. 89-313 struck out a reference to par. (3).
Pub. L. 89-10, 2, substituted ''this title'' for ''this Act'', and
for purposes of codification, ''this title'' was changed to ''this
subchapter''.
Subsec. (c)(3). Pub. L. 89-313 struck out par. (3) which required a
local educational agency's percentage requirement for eligibility (as
set forth in par. (2) of this subsection) to be 6 per centum instead of
3 per centum when the average daily attendance at the schools of any
local educational agency during the fiscal year ending June 30, 1957,
exceeded 35,000.
Pub. L. 89-10, 2, substituted ''this title'' for ''this Act'', and
for purposes of codification, ''this title'' was changed to ''this
subchapter''.
Subsec. (c)(4)(A). Pub. L. 89-10, 3(a), excluded funds available
under subchapter II of this chapter from the computation of funds
available.
Subsec. (c)(5). Pub. L. 89-313 struck out a reference to par. (3).
Subsec. (d). Pub. L. 89-10, 2, 4(d)(2), substituted ''this title''
for ''this Act'' which, for purposes of codification, was changed to
''this subchapter'', and inserted ''American Samoa'' after ''Guam''
wherever appearing.
1964 -- Subsec. (b). Pub. L. 88-665 substituted ''1966'' for
''1965''.
1963 -- Subsec. (b). Pub. L. 88-210 substituted ''1965'' for
''1963''.
1961 -- Subsec. (b). Pub. L. 87-344 substituted ''1963'' for
''1961''.
1960 -- Subsec. (d). Pub. L. 86-624 amended subsec. (d) generally,
and among other changes, struck out specific references to Hawaii,
inserted provisions empowering the Commissioner to determine the local
contribution rate for a State in which there is only one local
educational agency, and substituted ''(other than Puerto Rico, Wake
Island, Guam, or the Virgin Islands)'' for ''in the continental United
States (including Alaska)'', and ''United States (which for the purposes
of this sentence and the next sentence means the fifty States and the
District of Columbia)'' for ''continental United States''.
1959 -- Subsec. (d). Pub. L. 86-70 struck out ''Alaska,'' before
''Hawaii'' in two places, inserted ''(including Alaska)'' after
''continental United States'' in two places, and inserted provisions
relating to computation and determination of local contribution rate for
local educational agencies in States in which a substantial proportion
of the land is in unorganized territory for which a State agency is the
local educational agency.
1958 -- Subsec. (a). Pub. L. 85-620, 202(a), struck out ''ending
prior to July 1, 1958'' after ''entitled under this section for any
fiscal year''.
Subsec. (b). Pub. L. 85-620, 202(b), substituted ''For the purpose
of computing the amount to which a local educational agency is entitled
under this section for any fiscal year ending prior to July 1, 1961''
for ''For the purpose'', inserted ''(other than children to whom
subsection (a) of this section applies)'' after ''the number of
children'', and struck out provisions which required local educational
agency to elect which subsection should be applicable to a child where
both subsection (a) and subsection (b) of this section applied.
Subsec. (c)(1). Pub. L. 85-620, 202(c)(1), struck out ''ending prior
to July 1, 1958'' after ''entitled under this section for any fiscal
year''.
Subsec. (c)(2). Pub. L. 85-620, 202(c)(2), inserted provisions in
cl. (B) permitting payments to local educational agencies in cases
where the 3 per centum requirement was not met by the agency for any
period of two fiscal years which follow a fiscal year during which the
agency met the requirement, requiring reduction of payments in those
cases where the 3 per centum requirement was not met for the second
fiscal year of any such two-year period, and inserted sentence
authorizing the agency to count as children determined under subsection
(b) of this section any number of children determined under subsection
(a) of this section.
Subsec. (c)(3). Pub. L. 85-620, 202(c)(3), (4), substituted ''June
30, 1957'' for ''June 30, 1939'', inserted proviso making paragraph
inapplicable to any agency or consolidated agencies which qualified for
payments before August 12, 1958, by virtue of having less than 35,000
average daily attendance during the fiscal year ending June 30, 1939,
and struck out provisions which entitled the agency to receive payment
with respect to only so many of the number of children whose attendance
serves as the basis for eligibility under either subsection (a) or (b),
as exceeds 3 per centum of the number of all children in average daily
attendance at the schools of such agency during fiscal year for which
payment is to be made.
Subsec. (c)(4). Pub. L. 85-620, 202(c)(5), (6), struck out ''ending
prior to July 1, 1958'' after ''local educational agency for any fiscal
year'' in cl. (A), and ''effective for the fiscal year beginning July
1, 1955 and the two succeeding fiscal years'' before ''the eligibility
of such agency'' in cl. (D).
Subsec. (d). Pub. L. 85-620, 202(d), substituted ''generally'' for
''most nearly'' in cl. (1), and ''50 per centum of the average per
pupil expenditure in the continental United States'' for ''the national
average per pupil local contribution rate'' in cl. (ii) of fifth
sentence, inserted proviso relating to application of cl. (ii) for
fiscal year ending June 30, 1959, and in sixth sentence substituted
definition of ''average per pupil expenditure in such State'' and
''national average per pupil local contribution rate''.
Subsec. (e). Pub. L. 85-620, 202(e), inserted ''actually'' after
''(as defined in section 237(b)(1) of this title and''.
1956 -- Subsec. (a). Act Aug. 3, 1956, 202, substituted ''1958''
for ''1957'', and ''such fiscal year'' for ''the preceding fiscal
year''.
Subsec. (b). Act Aug. 3, 1956, 203, substituted ''such fiscal
year'' for ''the preceding fiscal year'', struck out ''(other than those
specified in subsection (a) of this section)'', and inserted at end
sentences to permit school district to continue to count children as
residing with parent on Federal property after parent has been assigned
elsewhere as a member of the Armed Forces.
Subsec. (c). Act Aug. 3, 1956, 204(a)-(c), substituted pars. (1)
to (3) for former par. (1), redesignated par. (2) as par. (4), and
added par. (5). Par. (4), as redesignated, was amended to substitute
''1958'' for ''1957'', ''such fiscal year'' for ''the preceding fiscal
year'', ''two succeeding fiscal years'' for ''succeeding fiscal year'',
''such year'' for ''the preceding year'', and ''such year'' for ''such
preceding year''.
Subsec. (d). Act Aug. 3, 1956, 205, substituted ''most nearly
comparable'' for ''generally comparable'' and inserted provisions
relating to minimum local contribution rate based on the average per
pupil local contribution rate in continental United States but not
exceeding the average per pupil expenditure in the State where the
school district is located, and defining ''average per pupil expenditure
in such State'' and ''national average per pupil local contribution
rate''.
Act Aug. 1, 1956, 10, inserted ''Guam,'' after ''Wake Island,'' in
two places.
Subsec. (e). Act Aug. 3, 1956, 204(d), substituted ''subsection
(c)(4)'' for ''subsection (c)(2)''.
Subsec. (f). Act Aug. 3, 1956, 206, added subsec. (f).
1955 -- Subsec. (a). Act Aug. 12, 1955, substituted ''1957'' for
''1956''.
Subsec. (c). Act Aug. 12, 1955, substituted ''1957'' for ''1956'',
and inserted provisions in par. (2)(D) to make it applicable to fiscal
year 1956.
1953 -- Subsec. (a). Act Aug. 8, 1953, 2(a)(1), extended its
duration date to July 1, 1956, inserted requirement that to qualify for
full contribution the property on which the parent works must be in the
same State as the local agency providing the education or within
commuting distance, and included in coverage children residing on
Federal property whose parent is on active duty in the uniformed
services.
Subsec. (b). Act Aug. 8, 1953, 2(a)(1), struck out the local
educational agency's right of election to count children either under
said subsec. (a), and included children of parents who work on Federal
property within commuting distance of the school district even though
not within the same State.
Subsec. (c). Act Aug. 8, 1953, 2(a)(2), added subsec. (c), struck
out existing subsecs. (d), (e), and (f), and redesignated existing
subsecs. (c) and (g) as (d) and (e), respectively.
Subsec. (d), formerly subsec. (c). Act Aug. 8, 1953, 2(b), (c),
based the determination of rates on per-pupil expenditures of
expenditures of districts ''generally comparable'' rather than ''most
nearly comparable'' to the local agency district, provided that the
local contribution rate could not be less than 50 per cent of the
per-pupil expenditure from all sources made by local agencies throughout
the State for the second fiscal year, and inserted provisions for a
special rate determination for the Territories.
Subsec. (e), formerly subsec. (g). Act Aug. 8, 1953, 2(d), made it
inapplicable to subsec. (c)(2), and inserted limitation on deductions
in the case of allotments from certain specified funds.
Section 1001 of Pub. L. 101-476 provided that: ''The amendments
made by this Act (see Short Title of 1990 Amendment note set out under
section 1400 of this title) shall take effect October 1, 1990.''
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Title I of Pub. L. 99-349 provided that the amendment made by that
title is effective Oct. 1, 1980.
Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section
711(a) of Pub. L. 98-511, set out as a note under section 237 of this
title.
Amendment by sections 1001(b), 1002, 1004, and 1031(a) of Pub. L.
95-561 effective with respect to 1979 fiscal year and subsequent fiscal
years, see section 1032 of Pub. L. 95-561, set out as a note under
section 237 of this title.
Amendment by section 1003(a), (b), (d) of Pub. L. 95-561 effective
with respect to fiscal year 1980 and subsequent fiscal years, see
section 1032(2) of Pub. L. 95-561, set out as a note under section 237
of this title.
Section 1101(a) of Pub. L. 95-561 provided that the amendment made
by that section is effective with respect to fiscal years beginning on
or after Nov. 1, 1978.
Section 304(a)(2) of Pub. L. 93-380 provided that: ''The amendments
made by this subsection (amending this section) shall be effective on
and after July 1, 1973.''
Section 304(b)(2) of Pub. L. 93-380 provided that: ''The amendment
made by this section (amending this section) shall be effective on and
after July 1, 1974.''
Section 305(b)(1), formerly 305(a)(3), of Pub. L. 93-380, as
renumbered by Pub. L. 94-482, title V, 501(a)(3), Oct. 12, 1976, 90
Stat. 2235, provided that: ''The amendments made by paragraphs (1) and
(2) of subsection (a) (amending this section and section 240 of this
title) shall be effective on and with respect to appropriations for
fiscal years beginning on and after July 1, 1975, and the amendments
made by paragraph (3) of subsection (a) (amending section 241-1 of this
title) shall be effective upon enactment of this Act (Aug. 21, 1974).''
Amendment by sections 204(d), 205(a), and 206 of Pub. L. 90-247
effective for fiscal years beginning after June 30, 1967, see section
208 of Pub. L. 90-247, set out as a note under section 237 of this
title.
Section 206 of Pub. L. 90-247 provided that the amendment made by
that section is effective for fiscal years beginning after June 30,
1967.
Section 241 of title II of Pub. L. 89-750 provided that: ''The
amendments made by this title (amending this section and sections 240,
241, 242, 244, 633, 634, 635, 640, 644, and 645 of this title) shall be
effective for fiscal years beginning after June 30, 1966, except that
(1) the amendment made by section 201(b) (amending this section) shall
be effective for fiscal years beginning after June 30, 1967, and (2) if
the amendment made by section 204 or 229 (amending sections 241 and 640
of this title) would have reduced payments to a local educational agency
for the fiscal year ending June 30, 1966 (if it had been in effect for
that year), the amendment shall not apply to that local educational
agency for fiscal years ending prior to July 1, 1968.''
Section 4(b) of Pub. L. 89-313 provided that: ''The amendment made
by this section (amending this section) shall be effective on and after
July 1, 1965.''
Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303,
formerly 33, of Pub. L. 88-210, set out as a note under section 237 of
this title.
Amendment by Pub. L. 87-344 effective for period beginning July 1,
1961, see section 103 of Pub. L. 87-344, set out as a note under
section 633 of this title.
Amendment by Pub. L. 86-624 applicable in the case of fiscal years
beginning after June 30, 1960, see section 47(c) of Pub. L. 86-624,
set out as a note under section 12 of this title.
Amendment by Pub. L. 86-70 applicable for fiscal years beginning
July 1, 1959, see section 47(f) of Pub. L. 86-70, set out as a note
under section 14 of this title.
Amendment by Pub. L. 85-620 effective for period beginning July 1,
1958, see note set out under section 237 of this title.
Amendment by act Aug. 3, 1956, effective July 1, 1956, see note set
out under section 237 of this title.
For effective date of amendments by act Aug. 8, 1953, see section 12
of act Aug. 8, 1953, set out as an note set out under section 237 of
this title.
Pub. L. 102-484, div. A, title III, 386, Oct. 23, 1992, 106 Stat.
2394, provided that:
''(a) Assistance Authorized. -- The Secretary of Defense, in
consultation with the Secretary of Education, shall provide financial
assistance to local educational agencies in States as provided in this
section.
''(b) Schools With Significant Numbers of Military Dependent
Students. -- The Secretary of Defense shall provide financial assistance
to an eligible local educational agency described in subsection (c) if,
without such assistance, that agency will be unable (as determined by
the Secretary of Defense in consultation with the Secretary of
Education) to provide the students in the schools of the agency with a
level of education that is equivalent to the minimum level of education
available in the schools of the other local educational agencies in the
same State.
''(c) Eligible Local Educational Agencies. -- A local educational
agency is eligible for assistance under subsection (b) for a fiscal year
if --
''(1) at least 30 percent (as rounded to the nearest whole percent)
of the students in average daily attendance in the schools of that
agency in that fiscal year are military dependent students counted under
subsection (a) or (b) of section 3 of the Act of September 30, 1950
(Public Law 874, Eighty-first Congress; 20 U.S.C. 238); or
''(2) by reason of a consolidation or reorganization of local
educational agencies, the local educational agency is a successor of a
local educational agency that, for fiscal year 1992 --
''(A) was eligible to receive payments in accordance with Department
of Defense Instruction 1342.18, dated June 3, 1991; and
''(B) satisfied the requirement in paragraph (1).
''(d) Adjustment Payments Related to Base Closures and Realignments.
-- Subject to subsection (g), to assist communities in making
adjustments resulting from reductions in the size of the Armed Forces,
the Secretary of Defense shall transfer to the Secretary of Education
funds to make payments to local educational agencies that are entitled
to receive under section 3 of the Act of September 30, 1950 (Public Law
874, Eighty-first Congress; 20 U.S.C. 238), payments adjusted in
accordance with subsection (e) of such section by reason of conditions
described in subparagraphs (A) through (C) of paragraph (1) of such
subsection that result from closures and realignments of military
installations.
''(e) Report on Impact of Base Closures on Educational Agencies. --
(1) Not later than February 15 of each of 1993, 1994, and 1995, the
Secretary of Defense, in consultation with the Secretary of Education,
shall submit to Congress a report on the local educational agencies
affected by the closures and realignment of military installations and
by redeployments of members of the Armed Forces.
''(2) Each report shall contain the following:
''(A) The number of dependent children of members of the Armed Forces
or civilian employees of the Department of Defense who entered the
schools of the local educational agencies during the preceding school
year as a result of closures, realignments, or redeployments.
''(B) The number of dependent children of such members or employees
who withdrew from the schools of the local educational agencies during
that school year as a result of closures, realignments, or
redeployments.
''(C) The amounts paid to the local educational agencies during that
year under the Act of September 30, 1950 (Public Law 874, Eighty-first
Congress; 20 U.S.C. 236 et seq.), or any other provision of law
authorizing the payment of financial assistance to local communities or
local educational agencies on the basis of the presence of dependent
children of such members or employees in such communities and in the
schools of such agencies.
''(D) The projected transfers of such members and employees in
connection with closures, realignments, and redeployments during the
12-month period beginning on the date of the report, including --
''(i) the installations to be closed or realigned;
''(ii) the installations to which personnel will be transferred as a
result of closures, realignments, and redeployments; and
''(iii) the effects of such transfers on the number of dependent
children who will be included in determinations with respect to the
payment of funds to each affected local educational agency under
subsections (a) and (b) of section 3 of such Act (20 U.S.C. 238).
''(e) Definitions. -- In this section:
''(1) The term 'local educational agency' has the meaning given that
term in section 1471(12) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 2891(12)).
''(2) The term 'military dependent student' means a student that is
--
''(A) a dependent child of a member of the Armed Forces; or
''(B) a dependent child of a civilian employee of the Department of
Defense.
''(3) The term 'State' has the meaning given that term in section
3(d)(3)(D)(i) of the Act of September 30, 1950 (Public Law 874,
Eighty-first Congress; 20 U.S.C. 238(d)(3)(D)(i)).
''(f) Funding. -- Of the amounts appropriated for the Department of
Defense for operation and maintenance in fiscal year 1993 pursuant to
the authorization of appropriations in section 301 --
''(1) $50,000,000 shall be available for providing assistance to
local educational agencies under subsection (b); and
''(2) $8,000,000 shall be available for making payments to local
educational agencies under subsection (d).
''(g) Limitation on Transfer and Obligation of Funds. -- (1) The
amount made available pursuant to subsection (f)(2) for adjustment
assistance related to base closures and realignments under subsection
(d) may be obligated for such adjustment assistance only if expenditures
for that adjustment assistance for fiscal year 1993 have been determined
by the Director of the Office of Management and Budget to be counted
against the defense category of the discretionary spending limits for
fiscal year 1993 (as defined in section 601(a)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 665(a)(2))) for purposes of part C of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900
et seq.).
''(2) Not later than the third day after the date of the enactment of
this Act (Oct. 23, 1992), the Director of the Office of Management and
Budget shall make a determination as to the classification by
discretionary spending limit category for purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (see Short Title note
set out under section 900 of Title 2, The Congress) of the amount
appropriated for adjustment assistance related to base closures and
realignments under subsection (d). If the Director determines that the
amount shall not classify against the defense category (as described in
paragraph (1)), then the President shall submit to Congress a report
stating that the Director has made such a determination and the amount
that will not classify against the defense category and containing an
explanation for the determination.
''(3) The amount listed in the report under paragraph (2) may be
transferred only to the programs under title III (see Tables for
classification) other than the program under subsection (d) pursuant to
amounts specified in appropriation Acts. Any such transfer shall be
taken into account for purposes of calculating all reports under section
254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 904).''
Section 3(a)(2) of Pub. L. 101-305 provided that: ''Subparagraph
(B) of section 2(b)(2) of Public Law 101-26 (amending subsec. (d)(2)(B)
of this section) is hereby repealed, and Public Law 81-874 (act Sept.
30, 1950, enacting this chapter) shall be applied and administered as if
such subparagraph (B) (and the amendment made by such subparagraph) had
not been enacted.''
Section 403(a) of Pub. L. 102-103 provided that: ''Any local
educational agency that received a payment for fiscal year 1987, 1988,
1989, or 1990 under section 3 of the Act of September 30, 1950 (Impact
Aid) (20 U.S.C. 238), the amount of which was incorrect because of a
failure by the Secretary of Education to apply any of the limitations on
per pupil payments or local contribution rates specified in Public Law
99-500 (see Tables for classification), Public Law 99-591 (see Tables
for classification), and Public Law 100-202 (see Tables for
classification), and which such payment resulted in or would result in
an overpayment, shall be entitled to the amount of such payment.''
For provisions requiring Secretary of Defense to identify local
educational agencies that will experience at least a 5-percent increase
or 10-percent reduction in enrollment in number of dependent children of
members of Armed Forces and of civilian employees of Department of
Defense enrolled in schools under jurisdiction of such agencies during
next academic year as a result of closure or realignment of a military
installation, and to transmit notice of schedule of such closure or
realignment to affected local and State educational agencies, see
section 2833 of Pub. L. 101-189, set out as a note under section 2687
of Title 10, Armed Forces.
Section 2018 of Pub. L. 100-297 provided that:
''(a) General Rule. -- Notwithstanding any other provision of law,
for fiscal years prior to fiscal year 1989, applicants may claim and
receive payments under section 3 of Public Law 81-874 (20 U.S.C. 238) on
behalf of children residing in or whose parents are employed on property
assisted under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f), if such property was claimed by such applicants and such
payments were received for the previous fiscal year.
''(b) Special Rule. -- Payments made to any local educational agency
under section 3(b) of the Act for fiscal years prior to fiscal year
1989, on behalf of children who reside on or whose parents are employed
on property that is housing assisted under section 8 of the United
States Housing Act of 1937, shall stand, and such payments withheld or
recovered shall be made or restored.''
Kindergarten
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 739, provided that:
''The Secretary shall, in making any audit of payments made under the
Act of September 30, 1950 (Public Law 874, Eighty-first Congress) (this
chapter) accept the manner of counting children attending kindergarten
for the purpose of that Act if the manner of counting such children is
in accordance with State law.''
Pub. L. 95-244, Mar. 14, 1978, 92 Stat. 154, as amended by Pub. L.
96-581, 3, Dec. 23, 1980, 94 Stat. 3373; Pub. L. 96-602, 4, Dec.
28, 1980, 94 Stat. 3500, provided that:
''(a) The Secretary of the Interior (hereafter referred to as the
'Secretary') is authorized for the period commencing October 1, 1978,
and ending September 30, 1985 to make payments to reimburse the
appropriate school district or districts (hereafter referred to as the
'districts') for educational facilities and services (including, where
appropriate, transportation to and from school) incurred by said
districts in providing educational benefits to pupils living at or near
the Grand Canyon National Park upon real property owned by the United
States which is not subject to taxation by State or local agencies:
Provided, That the payments for any school year to said districts shall
not exceed that part of the cost of operating and maintaining such
facilities and providing such services which the number of pupils as
defined above bears to the whole number of pupils in average daily
attendance within said districts for that year.
''(b) If in the opinion of the Secretary of the Interior, the
aforesaid educational facilities and services cannot be provided
adequately and payment made therefor on a pro rata basis, as prescribed
in subsection (a), the Secretary of the Interior may enter into
cooperative agreements with State or local agencies for (1) the
operation of school facilities, (2) for the construction and expansion
of educational facilities at Federal expense, and (3) for contribution
by the Federal Government, on an equitable basis satisfactory to the
Secretary, to cover the increased cost to local agencies for providing
the educational services required for the purposes of this section:
Provided, That authority to make payments under this subsection shall be
effective only to such extent or in such amounts as are provided in
advance in appropriation Acts.
''(c) The Secretary shall submit an annual estimate of the
anticipated payments which may be made in accordance with the provisions
of this Act to the Committees on Appropriations of the United States
Senate and House of Representatives. There is authorized to be
appropriated an amount not to exceed $1,500,000 annually for fiscal
years 1979 through 1982 to carry out the provisions of this Act:
Provided, That any appropriations made pursuant to this Act shall be
reduced by the amount of any payments made to said districts pursuant to
the Acts of September 23, 1950 (64 Stat. 906), as amended (20 U.S.C. 631
et seq.), and September 30, 1950 (64 Stat. 1100), as amended (20 U.S.C.
236 et seq.). For the authorizations made in this subsection, any
amounts authorized but not appropriated in any fiscal year shall remain
available for appropriation in succeeding fiscal years. Any amount
appropriated pursuant to this Act for any fiscal year shall remain
available until expended.''
Congressional Committees
Section 305(b)(2), formerly 305(a)(2), of Pub. L. 93-380, as
amended by Pub. L. 94-273, 48(b), Apr. 21, 1976, 90 Stat. 382,
renumbered by Pub. L. 94-482, title V, 501(a)(3), Oct. 12, 1976, 90
Stat. 2235, and amended Pub. L. 95-561, title X, 1001(d), (e), Nov.
1, 1978, 92 Stat. 2306; Pub. L. 96-88, title III, 301(a)(1), title V,
507, Oct. 17, 1979, 93 Stat. 677, 692, provided that:
''(A)(i) Notwithstanding any other provision of law unless enacted in
express limitation of this subparagraph --
''(I) in the case of any local educational agency which is entitled
to a payment under section 3 of the Act of September 30, 1950 (Public
Law 874, Eighty-first Congress) (this section) for the fiscal year
ending June 30, 1973, which constituted an amount equal to not less than
10 per centum of the current expenditures of such agency for such fiscal
year, the amount paid to such agency pursuant to such Act of September
30, 1950 (this chapter) for any fiscal year beginning after June 30,
1974, and ending prior to October 1, 1978, on the basis of the
entitlement of that agency under such section 3 (this section), shall
not be less than 90 per centum of the amount paid to such agency on the
basis of such entitlement for the preceding fiscal year; and
''(II) in the case of any other local educational agency, the amount
so paid during any fiscal year beginning after June 30, 1974, and ending
prior to October 1, 1978, shall not be less than 80 per centum of the
amount so paid for the preceding fiscal year.
In the case of any local educational agency which is eligible prior
to July 1, 1975, for a payment under section 3 of the Act of September
30, 1950 (Public Law 874, Eighty-first Congress) (this section) by
reason of the 3 per centum requirement in clause (B) of section 3(c)(2)
of such Act (subsec. (c)(2)(B) of this section), as in effect prior to
the effective date of the amendment made by paragraph (1) of subsection
(a) (see note for section 305(b)(1) of Pub. L. 93-380 under this
section), but which fails to meet such requirement in any fiscal year
ending prior to October 1, 1977, such agency shall continue to be
eligible for a payment under such section 3 as then in effect (former
section 238 of this title) for the two succeeding fiscal years, but the
payment under such section (former section 238 of this title) during the
second of such succeeding fiscal years shall not exceed 50 per centum of
the amount of the payment such agency was entitled to receive during the
most recent fiscal year in which it was so eligible by reason of such
clause (B).
''(ii) Funds appropriated for any fiscal year for making payments to
local educational agencies pursuant to the Act of September 30, 1950
(Public Law 874, Eighty-first Congress) (this chapter), which are
increased by reason of the provisions of division (i) shall, to the
extent of any such increase, be separate from funds appropriated for
such fiscal year for payments pursuant to title I of such Act
(subchapter II of this chapter) which are not so increased. If, for any
fiscal year, a law making appropriations for payments pursuant to such
title I (subchapter II of this chapter) is enacted and such law makes no
express provision for payments increased by division (i) --
''(I) all funds so appropriated shall be allocated and paid in
accordance with section 5 of such Act of September 30, 1950 (section 240
of this title), and without regard for the provisions of division (i);
and
''(II) not later than fifteen days after the enactment of such law,
the Secretary of Education shall submit a report to the Committees on
Appropriations and on Education and Labor of the House of
Representatives and the Committees on Appropriations and Labor and
Public Welfare of the Senate, which report shall contain a statement
detailing the dollar amounts necessary to satisfy the requirements of
division (i) and constitute a budget estimate within the meaning of
section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5)) (31
U.S.C. 1105(a)(5)).
''(B) In the case of any local educational agency which experiences a
decrease in the number of children determined by the Secretary of
Education under section 3 of the Act of September 30, 1950 (Public Law
874, Eighty-first Congress) (this section) of 10 per centum or more of
such number --
''(i) during the fiscal year ending June 30, 1974, or the fiscal year
ending June 30, 1975; or
''(ii) during the period beginning July 1, 1973, and ending June 30,
1975;
as the result of a decrease in, or cessation of, Federal activities
affecting military installations in the United States announced after
April 16, 1973, the amount of the payment to which such agency shall be
entitled under title I of such Act (subchapter II of this chapter), as
computed under section 3 of such Act (this section), for any fiscal year
ending prior to July 1, 1983, shall not be less than 90 per centum of
the amount to which the agency was so entitled during the preceding
fiscal year. The provisions of this subparagraph shall be effective on
and after July 1, 1974, and with respect to appropriations for the
fiscal year ending June 30, 1975, and succeeding fiscal years, and such
provisions shall be deemed to have been enacted before the beginning of
the fiscal year ending June 30, 1975. Nothing in this subparagraph
shall be construed to decrease the amount of the payment to which any
local educational agency is entitled for any fiscal year on the basis of
entitlements created under section 3 of such Act of September 30, 1950
(this section).
''(C) During the first fiscal year in which the amendments made by
subsection (a) are effective (see note for section 305(b)(1) of Pub. L.
93-380 under this section) and each of the succeeding fiscal years
ending prior to July 1, 1983, the Secretary of Education shall determine
with respect to each local educational agency in any State the number of
children who were in average daily attendance at the schools of such
agency, and for whom such agency provided free public education, during
such fiscal year, and who, while in attendance at such schools resided
with a parent employed on Federal property in a State or in a county
other than the State or county, as the case may be, in which the school
district of such agency is located but which is situated within a
reasonable commuting distance from the school district of such agency.
If the number of children determined under the preceding sentence is
equal to at least 10 per centum of the total number of children
determined with respect to such agency for such fiscal year under
section 3(b) of the Act of September 30, 1950 (Public Law 874,
Eighty-first Congress) (subsec. (b) of this section), the amount to
which such agency shall be entitled with respect to a number of children
determined under such section 3(b) (subsec. (b) of this section) for
such fiscal year, shall not be less than 90 per centum of the amount
which such agency received with respect to the number of children so
determined during the preceding fiscal year, as computed under section 3
of such Act (this section).
''(D)(i) The Secretary of Education shall determine for each fiscal
year beginning after June 30, 1975, and ending prior to July 1, 1978,
the amount which each local educational agency would be paid for that
fiscal year under section 3 of the Act of September 30, 1950 (Public Law
874, Eighty-first Congress) (this section) if the amount appropriated
had been allocated as provided in section 5(c) of such Act (section
240(c) of this title) without regard for entitlements (or portions
thereof) which are attributable to determinations under subsections (a)
and (b) of such section (section 240(a) and (b) of this title) of the
number of children who resided on, or resided with a parent employed on,
property which is part of a low-rent housing project described in
section 403(1)(C) (section 244(1)(C) of this title). The Secretary
shall then determine the amount which each local educational agency is
to be paid for that fiscal year under such section 3 (this section) and
allocated in accordance with such section 5(c). If the amount
determined with respect to any local educational agency under the first
sentence of this division is greater than the amount determined with
respect to the second sentence of this division, the Secretary shall pay
to that agency an amount equal to the difference between the amounts so
determined.
''(ii) Funds appropriated for any fiscal year for making payments
pursuant to the third sentence of division (i) shall be separate from
funds appropriated for such fiscal year for making payments pursuant to
section 5 of the Act of September 30, 1950 (Public Law 874, Eighty-first
Congress) (section 240 of this title). If, for any fiscal year, a law
making appropriations for payments pursuant to such section 5 is
enacted, and such law makes no express provision for payments pursuant
to such third sentence --
''(I) all funds so appropriated shall be allocated and paid in
accordance with such section 5 (section 240 of this title), without
regard for such third sentence; and
''(II) not later than fifteen days after the enactment of such law,
the Secretary shall submit a report to the Committees on Appropriations
and on Education and Labor of the House of Representatives and the
Committees on Appropriations and Labor and Public Welfare of the Senate,
which report shall contain a statement detailing the dollar amounts
necessary to make the payments required under such third sentence and
shall, with respect to such dollar amounts, constitute a budget estimate
within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31
U.S.C. 11(a)(5)) (31 U.S.C. 1105(a)(5)).''
Act Aug. 31, 1954, ch. 1150, 68 Stat. 1006, as amended by act Aug.
12, 1955, ch. 868, 3, 69 Stat. 713, provided that notwithstanding
subsec. (c)(1) of this section, the amounts payable to a local
educational agency for the fiscal year ending June 30, 1955, and the
succeeding fiscal year, with respect to the number of children
determined under subsecs. (a) or (b) of this section, were to be
computed on the same basis as was used during the fiscal year ending
June 30, 1954, under subsecs. (a) to (d) of this section.
Absorption requirement contained in subsection (c)(1) of this section
was eliminated by 1956 amendment to subsec. (c) effected by act Aug.
3, 1956, 204(a).
/1/ See References in Text note below.
/2/ See References in Text note below.
20 USC 239. Sudden and substantial increases in attendance
TITLE 20 -- EDUCATION
(a) Determination by Secretary; amount of contribution
If the Secretary determines for any fiscal year ending prior to
October 1, 1993 --
(1) that, as a direct result of activities of the United States
(carried on either directly or through a contractor), an increase in the
number of children in average daily attendance at the schools of any
local educational agency has occurred in such fiscal year, which
increase so resulting from activities of the United States is equal to
at least 5 per centum of the difference between the number of children
in average daily attendance at the schools of such agency during the
preceding fiscal year and the number of such children whose attendance
during such year resulted from activities of the United States
(including children who resided on Federal property or with a parent
employed on Federal property); and
(2) that such activities of the United States have placed on such
agency a substantial and continuing financial burden; and
(3) that such agency is making a reasonable tax effort and is
exercising due diligence in availing itself of State and other financial
assistance but is unable to secure sufficient funds to meet the
increased educational costs involved,
then such agency shall be entitled to receive for such fiscal year an
amount equal to the product of --
(A) the number of children which the Secretary determines to be the
increase, so resulting from activities of the United States, in such
year in average daily attendance; and
(B) the amount which the Secretary determines to be the current
expenditures per child necessary to provide free public education to
such additional children during such year, minus the amount which the
Secretary determines to be available from State, local, and Federal
sources for such purpose (not counting as available for such purpose
either payments under this chapter or funds from local sources necessary
to provide free public education to other children).
For the next fiscal year (except where the determination under the
preceding sentence has been made with respect to the fiscal year ending
June 30, 1973) such agency shall be entitled to receive 50 per centum of
such product reduced by the amount of such product which is attributable
to children with respect to whom such agency is, or upon application
would be, entitled to receive any payment under section 238 of this
title for such fiscal year, but not to exceed for such year the amount
which the Secretary determines to be necessary to enable such agency,
with the State, local, and other Federal funds (exclusive of funds
available under subchapter II of this chapter) available to it for such
purpose, to provide a level of education equivalent to that maintained
in the school districts in such State which in his judgment are
generally comparable to the school district of such agency. The
determinations whether an increase has occurred for purposes of clause
(1) of this subsection and whether such increase meets the 5 per centum
requirement contained in such clause, for any fiscal year, shall be made
on the basis of estimates by the Secretary made prior to the close of
such year, except that an underestimate made by the Secretary pursuant
to the foregoing provisions of this sentence shall not operate to
deprive an agency of its entitlement to any payments under this section
to which it would be entitled had the estimate been accurate. The
determination under clause (B) of this subsection shall be made by the
Secretary after considering the current expenditures per child in
providing free public education in those school districts in the State
which, in the judgment of the Secretary, are generally comparable to the
school district of the local educational agency for which the
computation is being made.
(b) Omitted
(c) Counting of certain children in determination of increases
In determining under subsection (a) of this section whether there has
been an increase in attendance in any fiscal year directly resulting
from activities of the United States and the number of children with
respect to whom payment is to be made for any fiscal year, the Secretary
shall not count --
(A) children with respect to whom a local educational agency is, or
upon application would be, entitled to receive any payment under section
238 of this title for such fiscal year: Provided, That the Secretary
shall count for such purposes as an increase directly resulting from
activities of the United States, an increase in the number of children
who reside on Federal property or reside with a parent employed on
Federal property, if the local educational agency files, in accordance
with regulations of the Secretary, its election that such increase be
counted for such purposes instead of for the purposes of section 238 of
this title; and
(B) children whose attendance is attributable to activities of the
United States carried on in connection with real property which has been
excluded from the definition of Federal property by the last sentence of
paragraph (1) of section 244 of this title.
(d) Adjustment for decreases in Federal activities
Whenever the Secretary determines that --
(1) a local educational agency has made preparations to provide
during a fiscal year free public education for a certain number of
children to whom subsection (a) of this section applies;
(2) such preparations were in his judgment reasonable in the light of
the information available to such agency at the time such preparations
were made; and
(3) such number has been substantially reduced by reason of a
decrease in or cessation of Federal activities or by reason of a failure
of any of such activities to occur,
the amount to which such agency is otherwise entitled under this
section for such year shall be increased to the amount to which, in the
judgment of the Secretary, such agency would have been entitled but for
such decrease in or cessation of Federal activities or the failure of
such activities to occur, minus any reduction in current expenditures
for such year which the Secretary determines that such agency has
effected, or reasonably should have effected, by reason of such decrease
in or cessation of Federal activities or the failure of such activities
to occur.
(e) Consultation with State and local authorities
All determinations of the Secretary under this section shall be made
only after consultation with the State educational agency and the local
educational agency.
(Sept. 30, 1950, ch. 1124, title I, 4, formerly 4, 64 Stat. 1104;
Aug. 8, 1953, ch. 402, 3-5, 67 Stat. 532-534; Aug. 12, 1955, ch. 868,
1, 2, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, 207, 208, 70
Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, 203, 72 Stat. 560;
Oct. 3, 1961, Pub. L. 87-344, title I, 102(a), 75 Stat. 759; Dec. 18,
1963, Pub. L. 88-210, title III, 302, formerly 32, 77 Stat. 419,
renumbered Oct. 16, 1968, Pub. L. 90-576, title I, 101(a)(1), 82 Stat.
1064; Oct. 16, 1964, Pub. L. 88-665, title XI, 1102(a), 78 Stat. 1109;
renumbered and amended Apr. 11, 1965, Pub. L. 89-10, title I, 3(b),
5, 79 Stat. 34, 36; Jan. 2, 1968, Pub. L. 90-247, title III, 301(e),
81 Stat. 813; Apr. 13, 1970, Pub. L. 91-230, title II, 201(b), 84
Stat. 154; Aug. 21, 1974, Pub. L. 93-380, title III, 303(a)(2), 88
Stat. 522; Apr. 21, 1976, Pub. L. 94-273, 3(5), 90 Stat. 376; Nov. 1,
1978, Pub. L. 95-561, title X, 1001(c), 92 Stat. 2306; Oct. 19, 1984,
Pub. L. 98-511, title III, 301(a)(1), 98 Stat. 2388; Apr. 28, 1988,
Pub. L. 100-297, title II, 2011(a)(1), 2012(a), 102 Stat. 294.)
Subsec. (b) provided for additional assistance to local educational
agencies where increases in school attendance occurred prior to July 1,
1950.
1988 -- Subsec. (a). Pub. L. 100-297, 2012(a), substituted ''1993''
for ''1988'' in first sentence.
Pub. L. 100-297, 2011(a)(1), substituted ''Secretary'' for
''Commissioner'' wherever appearing.
Subsecs. (c) to (e). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner'' wherever appearing.
1984 -- Subsec. (a). Pub. L. 98-511 substituted ''1988'' for
''1983'' in first sentence.
1978 -- Subsec. (a). Pub. L. 95-561 substituted ''1983'' for
''1978'' in first sentence.
1976 -- Subsec. (a). Pub. L. 94-273 substituted ''October'' for
''July'' in first sentence.
1974 -- Subsec. (a). Pub. L. 93-380 substituted ''1978'' for
''1973'' in first sentence.
1970 -- Subsec. (a). Pub. L. 91-230 substituted ''1973'' for
''1970'' wherever appearing.
1968 -- Subsec. (a). Pub. L. 90-247 substituted ''1970'' for
''1968'' wherever appearing.
1965 -- Subsec. (a). Pub. L. 89-10 substituted ''1968'' for ''1966''
wherever appearing, and, in closing provisions, inserted provisions
which excluded from computation of available funds those funds available
under subchapter II of this chapter.
1964 -- Subsec. (a). Pub. L. 88-665 substituted ''1966'' for
''1965'' wherever appearing.
1963 -- Subsec. (a). Pub. L. 88-210 substituted ''1965'' for
''1963'' wherever appearing.
1961 -- Subsec. (a). Pub. L. 87-344 substituted ''1963'' for
''1961'' wherever appearing.
1958 -- Subsec. (a). Pub. L. 85-620, 203(a), substituted ''1961''
for ''1958'' wherever appearing, and inserted ''reduced by the amount of
such product which is attributable to children with respect to whom such
agency is, or upon application would be, entitled to receive any payment
under section 238 of this title for such fiscal year'' after ''50 per
centum of such product''.
Subsec. (c). Pub. L. 85-620, 203(b), inserted proviso in subpar.
(A) requiring the Commissioner to count for such purposes as an increase
directly resulting from activities of the United States, an increase in
the number of children who reside on Federal property or reside with a
parent employed on Federal property, if the local agency files its
election that such increase be counted for such purposes instead of for
the purposes of section 238 of this title.
1956 -- Subsec. (a). Act Aug. 3, 1956, 207, substituted ''1958''
for ''1957'' wherever appearing, and struck out ''section 237 of'' from
subpar. 3(B).
Subsec. (c). Act Aug. 3, 1956, 208, inserted par. (A) providing
that children for whom a local educational agency could receive payment
under section 238 may not be counted, designated existing provisions as
par. (B), and struck out ''but shall count as an increase directly
resulting from activities of the United States an increase in the number
of children who reside on Federal property or reside with a parent
employed on Federal property''.
1955 -- Subsec. (a). Act Aug. 12, 1955, substituted ''1957'' for
''1956'', and authorized payments to schools where increase in number of
children in average daily attendance in any fiscal year is equal to five
percent of nonfederally connected children.
1953 -- Subsec. (a). Act Aug. 8, 1953, 3, extended the duration
date until July 1, 1956, imposed as an eligibility condition a 5 percent
increase over the preceding year's school attendance, provided that the
increase must be a ''direct'' result of Federal activities, limited
payments on the basis of an increase to a two-year period, permitted
deductions of payments made under section 238 of this title, based the
determination of amount of payment on expenditures in ''generally
comparable'' rather than ''most nearly comparable'' districts, and
provided that the requirement as to minimum number of children might be
based on estimates.
Subsec. (c). Act. Aug. 8, 1953, 4, struck out reference to children
with respect to whom a local educational agency was entitled to receive
payment under section 238 of this title, and inserted provision that an
increase in children who reside on Federal property or with a parent
employed on Federal property shall be counted as an increase directly
resulting from activities of the United States.
Subsec. (d). Act Aug. 8, 1953, 5, removed special requirements for
larger cities and provided for additional payments in certain cases
where Federal increase was less than expected.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section
711(a) of Pub. L. 98-511, set out as a note under section 237 of this
title.
Amendment by Pub. L. 95-561 effective with respect to 1979 fiscal
year and subsequent fiscal years, see section 1032 of Pub. L. 95-561,
set out as a note under section 237 of this title.
Amendment by Pub. L. 93-380 effective on and after July 1, 1973, see
section 303(b) of Pub. L. 93-380, set out as a note under section 237
of this title.
Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303,
formerly 33, of Pub. L. 88-210, set out as a note under section 237 of
this title.
Amendment by Pub. L. 87-344 effective for period beginning July 1,
1961, see section 103 of Pub. L. 87-344, set out as a note under
section 633 of this title.
Amendment by Pub. L. 85-620 effective for period beginning July 1,
1958, see note set out under section 237 of this title.
Amendment by act Aug. 3, 1956, effective July 1, 1956, see note
under section 237 of this title.
For effective date of amendments by act Aug. 8, 1953, see section 12
of act Aug. 8, 1953, set out as a note under section 237 of this title.
20 USC 239a. Repealed. Pub. L. 97-35, title V, 542(1), Aug. 13,
1981, 95 Stat. 458
TITLE 20 -- EDUCATION
Section, act Sept. 30, 1950, ch. 1124, title I, 4A, as added Oct.
3, 1980, Pub. L. 96-374, title XIII, 1341, 95 Stat. 1500, related to
payments for special programs for alien children who fled from Cambodia,
Vietnam, Laos, Cuba, or Haiti. See provisions set out as notes under
section 1522 of Title 8, Aliens and Nationality.
Repeal effective Oct. 1, 1981, see section 547 of Pub. L. 97-35,
set out as a note under section 1522 of Title 8, Aliens and Nationality.
20 USC 240. Payments
TITLE 20 -- EDUCATION
(a) Applications
(1) Any local educational agency desiring to receive the payments to
which it is entitled for any fiscal year under section 237, 238, or 239
of this title shall submit an application therefor to the Secretary and
file a copy with the State educational agency. Each such application
shall be submitted in such form, and containing such information, as the
Secretary may reasonably require to determine whether such agency is
entitled to a payment under any of such sections and the amount of any
such payment.
(2) The Secretary shall establish a deadline for the receipt of
applications. For each fiscal year beginning with fiscal year 1991, the
Secretary shall accept an approvable application received up to 60 days
after the deadline, but shall reduce the payment based on such late
application by 10 percent of the amount that would otherwise be paid.
The Secretary shall not accept or approve any application submitted more
than 60 days after the application deadline.
(3) Notwithstanding any other provision of law or regulation, a State
educational agency that had been accepted as an applicant for funds
under section 238 of this title for fiscal years 1985, 1986, 1987 and
1988 shall be permitted to continue as an applicant under the same
conditions by which it made application during such fiscal years only if
such State educational agency distributes all funds received for the
students for which application is being made by such State educational
agency to the local educational agencies providing educational services
to such students.
(b) Payments by Secretary; early payments on the basis of estimates;
Indian education
(1)(1) /1/ The Secretary shall pay to each local educational agency,
rounded to the nearest whole dollar,, /1/ making application pursuant to
subsection (a) of this section, the amount to which it is entitled under
sections 237, 238, or 239 of this title. Sums appropriated, for any
fiscal year, to enable the Secretary to make payments pursuant to this
subchapter shall, notwithstanding any other provision of law unless
enacted in express limitation of this subsection, remain available for
obligation and payments with respect to amounts due local educational
agencies under this subchapter for such fiscal year, until the end of
the fiscal year succeeding the fiscal year for which such sums are
appropriated. The Secretary shall return to the United States Treasury
any funds appropriated for payments under this subchapter for fiscal
years 1988 and thereafter that, as the result of overpayments or
unallowable expenditures, are recovered by the Department of Education
after the end of the fifth fiscal year following the end of the fiscal
year for which the sums were appropriated, or that remain in Department
of Education accounts after that time.
(2) As soon as possible after the beginning of any fiscal year, the
Secretary shall, on the basis of a written request for a preliminary
payment from any local education agency that was eligible for a payment
for the preceding fiscal year on the basis of entitlements established
under section 237 or 238 of this title, make such a preliminary payment
--
(A) to any agency for whom the number of children determined under
section 238(a) of this title amounts to at least 20 per centum of such
agency's total average daily attendance, of 75 per centum of the amount
that such agency received for such preceding fiscal year on the basis of
such entitlements; and
(B) to any other agency, of 50 per centum of the amount that such
agency received for such preceding fiscal year on the basis of such
entitlements.
(3)(A) Payments of entitlements under section 238(d)(2)(D) of this
title shall be made only to local educational agencies which have,
within one year of November 1, 1978, or when local educational agencies
are formed after November 1, 1978, within one year of their formation,
established such policies and procedures with respect to information
received from Indian parents and tribes as required by this paragraph
and which have made assurances to the Secretary, at such time and in
such manner as shall be determined by regulation, that such policies and
procedures have been established. The Secretary shall have the
authority to waive this one-year limit for good cause, and in writing to
the tribes to be affected.
(B) Each local educational agency shall establish such policies and
procedures as are necessary to insure that --
(i) Indian children claimed under section 238(a) of this title
participate on an equal basis in the school program with all other
children educated by the local educational agency;
(ii) applications, evaluations, and program plans are adequately
disseminated to the tribes and parents of Indian children claimed under
section 238(a) of this title; and
(iii) tribes and parents of Indian children claimed under section
238(a) of this title are --
(I) afforded an opportunity to present their views with respect to
the application, including the opportunity to make recommendations
concerning the needs of their children and the ways by which they can
assist their children in realizing the benefits to be derived from the
educational programs assisted under this paragraph;
(II) actively consulted and involved in the planning and development
of programs assisted under this paragraph; and
(III) afforded a general opportunity to present their overall views
on the educational program, including the operation of such programs,
and the degree of parental participation allowed.
(C)(i) Any tribe, or its designee, which has students in attendance
at a local educational agency may, in its discretion and without regard
to the requirements of any other provision of law, file a written
complaint with the Secretary regarding any action of a local educational
agency taken pursuant to, or relevant to, the requirements of
subparagraph (B) of this paragraph.
(ii) Within ten working days from receipt of the complaint, the
Secretary shall --
(I) designate a time and place for a hearing into the matters
relating to the complaint at a location in close proximity to the local
educational agency involved, or, if the Secretary determines there is
good cause, at some other location convenient to both the tribe, or its
designee, and the local educational agency;
(II) designate a hearing examiner to conduct the hearing; and
(III) notify the affected tribe or tribes and the local educational
agency involved of the time, place, and nature of the hearing and send
copies of the complaint to the local educational agency and the affected
tribe or tribes.
(iii) The hearing shall be held within thirty days of the designation
of a hearing examiner and shall be open to the public. A record of the
proceedings shall be established and maintained.
(iv) The complaining tribe, or its designee, and the local
educational agency shall be entitled to present evidence on matters
relevant to the complaint and to make recommendations concerning the
appropriate remedial actions. Each party to the hearing shall bear only
its own costs in the proceeding.
(v) Within thirty days of the completion of the hearing, the hearing
examiner shall, on the basis of the record, make written findings of
fact and recommendations concerning appropriate remedial actions (if
any) which should be taken. The hearing examiner's findings and
recommendations, along with the hearing record, shall be forwarded to
the Secretary.
(vi) Within thirty days of his receipt of the findings,
recommendations, and record, the Secretary shall, on the basis of the
record, make a written determination of the appropriate remedial action,
if any, to be taken by the local educational agency, the schedule for
completion of the remedial action, and the reasons for his decision.
(vii) Upon completion of his final determination, the Secretary shall
provide the complaining tribe, or its designee, and the local
educational agency with copies of the hearing record, the hearing
examiner's findings and recommendations, and the Secretary's final
determination. The final determination of the Secretary shall be
subject to judicial review.
(viii) In all actions under this subparagraph, the Secretary shall
have discretion to consolidate complaints involving the same tribe or
local educational agency.
(D) If the local educational agency rejects the determination of the
Secretary, or if the remedy required is not undertaken within the time
established and the Secretary determines that an extension of the time
established will not effectively encourage the remedy required, the
Secretary shall withhold payment of all moneys to which such local
agency is entitled under section 238(d)(2)(D) of this title until such
time as the remedy required is undertaken, except where the complaining
tribe or its designee formally requests that such funds be released to
the local educational agency: Provided, That the Secretary may not
withhold such moneys during the course of the school year if he
determines that it would substantially disrupt the educational programs
of the local educational agency.
(E) If the local educational agency rejects the determination of the
Secretary and a tribe exercises the option under section 1101(d) of the
Education Amendments of 1978, to have education services provided either
directly by the Bureau of Indian Affairs or by contract with that
Agency, any Indian students affiliated with that tribe who wish to
remain in attendance at the local educational agency against whom the
complaint which led to the tribal action (under such subsection (d)) was
lodged may be counted with respect to that local educational agency for
the purpose of receiving funds under section 238(d)(2)(D) of this title.
In such event, funds under such section shall not be withheld pursuant
to subparagraph (D) and no further complaints with respect to such
students may be filed under subparagraph (C)(i).
(F) This paragraph is based upon the special relationship between the
Indian nations and the United States and nothing in it shall be deemed
to relieve any State of any duty with respect to any citizens of that
State.
(c) Adjustments where necessitated by appropriations
If the sums appropriated for any fiscal year for making payments on
the basis of entitlements established under sections 237, 238, and 239
of this title for that year are not sufficient to pay in full the total
amounts which the Secretary estimates all local educational agencies are
entitled to receive under such sections for such year, the Secretary
shall allocate such sums among local educational agencies and make
payments to such agencies as follows:
(1)(A) The Secretary shall first allocate to each local educational
agency which is entitled to a payment under section 237 of this title an
amount equal to 100 per centum of the amount to which it is entitled as
computed under that section for such fiscal year and to each local
educational agency an amount equal to the supplemental 50 per centum of
the entitlement that each child described in section 238(d)(2)(C) of
this title served by such agency is eligible to receive under section
238(d)(2)(C) of this title.
(B) The Secretary shall then allocate to any local educational agency
which is eligible under section 238(d)(2)(B) of this title an amount
equal to 100 per centum of the amount to which such agency is entitled
under sections 238(a) and 238(b) of this title.
(C) The Secretary shall reserve from the remainder of the sums
appropriated for this chapter (other than amounts needed for section
241-1 of this title) for such fiscal year --
(i) 80 per centum for the purpose of allocating sums under paragraph
(2) for entitlements determined under section 238(a) of this title; and
(ii) 20 per centum for the purpose of allocating sums under paragraph
(3) for entitlements determined under section 238(b) of this title.
(2)(A) For the purpose of allocating sums available for section
238(a) of this title for any fiscal year which remain after the
allocation required by paragraph (1) and any allocation required by
subsection (e) of this section and section 238(h) of this title for such
fiscal year, the Secretary shall determine the category to which a local
educational agency belongs as follows:
(i) Each local educational agency in which the number of children
determined under section 238(a) of this title amounts to at least 20 per
centum of the total number of children who were in average daily
attendance in the schools of such agency is in category (i).
(ii) Each local educational agency in which the number of children
determined under section 238(a) of this title amounts to at least 15 per
centum, but less than 20 per centum of the total number of children who
were in average daily attendance in the schools of such agency is in
category (ii).
(iii) Each local educational agency in which the number of children
determined under section 238(a) of this title amounts to less than 15
per centum of the total number of children who were in average daily
attendance in the schools of such agency is in category (iii).
(B) The Secretary shall allocate the amounts described in
subparagraph (A) according to the following schedule:
(i) A first allocation shall be made as follows:
(I) 80 per centum of entitlement to local educational agencies
described in category (i);
(II) 60 per centum of entitlement to local educational agencies
described in category (ii); and
(III) 40 per centum of entitlement to local educational agencies
described in category (iii).
(ii) Any sums remaining after the allocation pursuant to clause (i)
shall be allocated as follows:
(I) 20 per centum of entitlement to local educational agencies
described in category (i);
(II) 15 per centum of entitlement to local educational agencies
described in category (ii); and
(III) 10 per centum of entitlement to local educational agencies
described in category (iii).
(iii) Any sums remaining after the allocation pursuant to clause (ii)
shall be allocated as follows:
(I) 25 per centum of entitlement to local educational agencies
described in category (ii); and
(II) 50 per centum of entitlement to local educational agencies
described in category (iii).
(C) For the purpose of determining the category under subparagraph
(A) that is applicable to the local educational agency providing free
public education to secondary school students residing on Hanscom Air
Force Base, Massachusetts, the Secretary shall count children in
kindergarten through grade 8 who are residing on such base as if such
students are receiving a free public education from such local
educational agency.
(3)(A) For the purpose of allocating sums available for section
238(b) of this title for any fiscal year which remain after the
allocation required by paragraph (1) and any allocation required by
subsection (e) of this section and section 238(h) of this title for such
fiscal year, the Secretary shall determine the category to which a local
educational agency belongs as follows:
(i) Each local educational agency in which the number of children
determined under section 238(b) of this title amounts to at least 20 per
centum of the total number of children who were in average daily
attendance in the schools of such agency is in category (i).
(ii) Each local educational agency in which the number of children
determined under section 238(b) of this title amounts to less than 20
per centum of the total number of children who were in average daily
attendance in the schools of such agency is in category (ii).
(B) The Secretary shall allocate the amounts described in
subparagraph (A) according to the following schedule:
(i) A first allocation shall be made as follows:
(I) 20 per centum of entitlement to local educational agencies
described in category (i); and
(II) 10 per centum of entitlement to local educational agencies
described in category (ii).
(ii) Any sums remaining after the allocation pursuant to clause (i)
shall be allocated as follows:
(I) 30 per centum of entitlement to local educational agencies
described in category (i); and
(II) 5 per centum of entitlement to local educational agencies
described in category (ii).
(iii) Any sums remaining after the allocation pursuant to clause (ii)
shall be allocated as follows:
(I) 50 per centum of entitlement to local educational agencies
described in category (i); and
(II) 85 per centum of entitlement to local educational agencies
described in category (ii).
(4) Whenever the additional amounts described in paragraphs (2)(A)
and (3)(A) in each fiscal year are insufficient to provide the required
percent of entitlement to each local educational agency under paragraph
(2)(B) or paragraph (3)(B), respectively, the full amounts that local
educational agencies are entitled to receive under such paragraphs shall
be ratably reduced. If additional funds become available for making
such payments for any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the same basis as
they were reduced.
No allocation may be made pursuant to paragraph (2) and no payment
may be paid on the basis of any such allocation unless allocations are
made pursuant to paragraph (1) and payments are made on the basis of
such allocations.
(d) Treatment of payments by States to determine eligibility for, and
amount of, State aid; notice and opportunity for hearing; ''State
aid'' and ''equalize expenditures'' defined; State equalization
(1) Except as provided in paragraph (2), no payments may be made
under this subchapter for any fiscal year to any local educational
agency in any State (A) if that State has taken into consideration
payments under this subchapter in determining --
(i) the eligibility of any local educational agency in that State for
State aid for free public education of children; or
(ii) the amount of such aid with respect to any such agency;
during that fiscal year or the preceding fiscal year, or (B) if such
State makes such aid available to local educational agencies in such a
manner as to result in less State aid to any local educational agency
which is eligible for payments under this subchapter than such agency
would receive if such agency were not so eligible.
(2)(A) Notwithstanding paragraph (1) of this subsection, if a State
has in effect a program of State aid for free public education for any
fiscal year, which is designed to equalize expenditures for free public
education among the local educational agencies of that State, payments
under this subchapter for any fiscal year may be taken into
consideration by such State in determining the relative --
(i) financial resources available to local educational agencies in
that State; and
(ii) financial need of such agencies for the provision of free public
education for children served by such agency, provided that a State may
consider as local resources funds received under this subchapter only in
proportion to the share that local revenues covered under a State
equalization program are of total local revenues.
The increase in payments described in sections 238(d)(2)(B),
238(d)(2)(C), 238(d)(2)(D), and 238(d)(3)(B)(ii) of this title shall not
be taken into consideration by the State for the purpose of this
subparagraph. Whenever a State educational agency or local educational
agency will be adversely affected by the operation of this subsection,
such agency shall be afforded notice and an opportunity for a hearing
prior to the reduction or termination of payments pursuant to this
subsection.
(B) The terms ''State aid'' and ''equalize expenditures'' as used in
this subsection shall be defined by the Secretary by regulation, after
consultation with State and local educational agencies affected by this
subsection, provided that the term ''equalize expenditures'' shall not
be construed in any manner adverse to a program of State aid for free
public education which provides for taking into consideration the
additional cost of providing free public education for particular groups
or categories of pupils in meeting the special educational needs of such
children as handicapped children, economically disadvantaged, those who
need bilingual education, and gifted and talented children.
(C)(i) If a State desires to take payments under this section into
consideration as provided in this paragraph for any fiscal year, that
State shall, not later than sixty days prior to the beginning of such
fiscal year, submit notice to the Secretary of its intention to do so.
Such notice shall be in such form and be accompanied by such information
as to enable the Secretary to determine the extent to which the program
of State aid of that State is consistent with the provisions of
subparagraph (A). In addition, such notice shall be accompanied by such
evidence as the Secretary finds necessary that each local educational
agency in that State has been given notice of the intention of the
State. If the Secretary determines that the program of State aid of a
State submitting notice under this subparagraph is consistent with the
provisions of subparagraph (A), the Secretary shall certify such
determination to that State.
(ii) Prior to certifying any determination under division (i) for any
State for any fiscal year, the Secretary shall give the local
educational agencies in that State an opportunity for a hearing at which
such agencies may present their views with respect to the consistency of
the State aid program of that State with the provisions of subparagraph
(A).
(iii) The Secretary shall not finally deny to any State for any
fiscal year certification of a determination under division (i) without
first giving that State an opportunity for a hearing.
(D) Any State whose program of State aid was certified by the
Secretary under subparagraph (C) for fiscal year 1988, but whose program
was determined by the Secretary under subparagraph (C)(i) not to meet
the requirements of subparagraph (A) for one or more of the fiscal years
1989 through 1992 --
(i) shall be deemed to have met the requirements of subparagraph (A)
for each of the fiscal years 1989 through 1992; and
(ii) shall not, beginning with fiscal year 1993, and notwithstanding
any other provision of this paragraph, take payments under this
subchapter into consideration as provided under subparagraph (A) for any
fiscal year unless the Secretary has previously certified such State's
program for such fiscal year.
(e) Discretionary allocations
(1)(A) For any fiscal year after September 30, 1988, the Secretary
shall allocate, to any local educational agency eligible for a payment
under section 238(a) of this title, not less than the product of --
(i) the number of children in average daily attendance for the fiscal
year for which the determination is made under section 238(a) of this
title; and
(ii)(I) if such agency received a payment under section 238(a) of
this title in fiscal year 1987, the per pupil amount paid to that agency
in fiscal year 1987; or
(II) if such agency did not receive such a payment in fiscal year
1987, the per pupil amount such agency would have been paid in fiscal
year 1987 if such agency had been eligible for payments under section
238(a) of this title and the average daily attendance for such agency
for fiscal year 1987 had been equal to the average daily attendance for
such agency for the first fiscal year succeeding fiscal year 1988 for
which a determination is made under section 238(a) of this title.
(B)(i) For any fiscal year beginning after September 30, 1990, the
Secretary shall first allocate to any local educational agency that is,
and in fiscal year 1987 would have been, described in subsection
(c)(3)(A)(i) of this section and that received a payment under section
238(b) of this title for fiscal year 1987, an amount that is not less
than the product of --
(I) 100 percent of the per pupil amount paid to such agency under
section 238(b) of this title for fiscal year 1987; and
(II) the number of children described in section 238(b) of this title
in average daily attendance in the fiscal year for which the
determination under section 238(b) of this title is made, not to exceed
the number of such eligible children claimed by such agency in fiscal
year 1987.
(ii) If the amount appropriated for section 238(b) of this title in
any fiscal year exceeds the amount appropriated for such section for
fiscal year 1990, the Secretary shall use such excess funds --
(I) first, to allocate to any such agency, for such children that
exceed the number of such eligible children claimed by the agency in
fiscal year 1987, the amount described in subsection (c)(3)(B)(i)(I) of
this section; and
(II) second, to allocate remaining funds in accordance with
subsection (c)(3)(B) of this section.
(C) The provisions of subparagraphs (A) and (B) of this paragraph
shall not apply to any local educational agency for which the factor in
the determination of the local contribution rate described in section
238(d)(3)(A)(i) of this title in the year for which the determination is
made is less than the amount for such factor for fiscal year 1987.
(D) For any fiscal year after September 30, 1991, the Secretary is
authorized to modify the per pupil amount described in subparagraph (A)
of this paragraph, in any case in which, in the fiscal year for which
the determination is made, a local educational agency is described under
a different clause of subsection (c)(2)(A) of this section than such
agency was in fiscal year 1987.
(E) The provisions of subparagraph (B) of this paragraph shall not
apply to any local educational agency which, in the fiscal year for
which the determination is made, is not a local educational agency
described in subsection (c)(3)(A)(i) of this section.
(2) If sums appropriated for any fiscal year for making payments
under this section are not sufficient to pay in full the amount to which
each local educational agency is entitled under the previous paragraph,
such amounts shall be ratably reduced.
(f) Use of funds with respect to entitlements increased under section
238(d)(2)(C) of this title
The amount of the payment to any local educational agency for any
fiscal year which is attributable to a determination of children for
increased payments under subparagraph (C) of section 238(d)(2) of this
title shall be used by such agency for special educational programs
designed to meet the special educational needs of children with respect
to whom such determination is made.
(g) Hearing and review
Each local educational agency which is adversely affected or
aggrieved by any action of the Secretary under this subchapter shall be
entitled to a hearing on, and review of, such action in the same manner
as if such agency were a person under the provisions of chapters 5 and 7
of title 5.
(h) Treatment of administrative school district within State as local
educational agency for purpose of determining amount of payment;
restrictions
If any legislation enacted after March 31, 1983, affects the
determination of amounts of payments made on the basis of entitlements
established under sections 237, 238, and 239 of this title by placing
any additional restriction on payments based on the concentration of
children counted under subsection (a) or (b) of section 238 of this
title in the schools of a local educational agency, such restriction
shall be applied, in the case of any State (other than a territory or
possession of the United States) within which there is only one local
educational agency, by treating each administrative school district
within such State as a local educational agency (solely for the purpose
of computing the amount of such payments). Treating such an
administrative school district as a local educational agency under the
preceding sentence shall not result, during fiscal year 1984, 1985, or
1986, in an increase of more than 10 per centum in the amount of funds
paid to such State above the amount which would otherwise be paid to
such State for such fiscal year.
(Sept. 30, 1950, ch. 1124, title I, 5, formerly 5, 64 Stat. 1106;
Aug. 8, 1953, ch. 402, 6, 7, 67 Stat. 534; Aug. 3, 1956, ch. 915,
title II, 209, 70 Stat. 972; renumbered and amended Apr. 11, 1965,
Pub. L. 89-10, title I, 2, 79 Stat. 27; Nov. 3, 1966, Pub. L. 89-750,
title II, 202, 203, 80 Stat. 1211, 1212; Oct. 16, 1968, Pub. L.
90-576, title III, 305(a), 82 Stat. 1097; Apr. 13, 1970, Pub. L.
91-230, title II, 203(c)(4), 84 Stat. 156; June 23, 1972, Pub. L.
92-318, title IV, 411(c)(1), 86 Stat. 338; Aug. 21, 1974, Pub. L.
93-380, title III, 304(c)(1), (2), (d)(2), 305(a)(2), 88 Stat. 522,
523, 529; Apr. 21, 1976, Pub. L. 94-273, 3(5), 90 Stat. 376; Oct.
12, 1976, Pub. L. 94-482, title III, 330(a), (b)(1)-(3), 90 Stat. 2221;
Nov. 1, 1978, Pub. L. 95-561, title X, 1003(c), 1005, 1006(a), 1007,
1008, title XI, 1101(b), (c), (e), 92 Stat. 2306-2309, 2313, 2315;
Aug. 6, 1979, Pub. L. 96-46, 3(b), 93 Stat. 342; Oct. 31, 1983, Pub.
L. 98-139, title III, 97 Stat. 889; Dec. 8, 1983, Pub. L. 98-211, 23,
97 Stat. 1419; Aug. 22, 1984, Pub. L. 98-396, title I, 101, 98 Stat.
1393; Oct. 19, 1984, Pub. L. 98-511, title III, 303(b)(1), 98 Stat.
2389; Apr. 28, 1988, Pub. L. 100-297, title II, 2011(a)(1), (2),
2015, 102 Stat. 294, 296; May 11, 1989, Pub. L. 101-26, 2(c)-(e), 103
Stat. 54, 55; May 30, 1990, Pub. L. 101-305, 3(c), (d), 104 Stat.
256, 257; Nov. 16, 1990, Pub. L. 101-589, title VII, 722(d), 104
Stat. 2913; Aug. 17, 1991, Pub. L. 102-103, title IV, 402, 105 Stat.
508; Nov. 13, 1991, Pub. L. 102-159, 2, 105 Stat. 1042; Oct. 23,
1992, Pub. L. 102-484, div. A, title III, 387, 106 Stat. 2397.)
Section 1101(d) of the Education Amendments of 1978, referred to in
subsec. (b)(3)(E), is section 1101(d) of Pub. L. 95-561, title XI,
Nov. 1, 1978, 92 Stat. 2315, which is set out as a note below.
1992 -- Subsec. (d)(2)(C), (D). Pub. L. 102-484 added subpar. (D)
and struck out the subpar. (C) appearing first which read as follows:
''In the application of subparagraph (A) of this paragraph to any State
having a program described in such subparagraph (A) in effect on October
12, 1976, no payment may be withheld from and no repayment may be
required of any State or local educational agency for any period prior
to promulgation of final regulations, or, if the State is not in
conformance with such regulations, until July 1, 1977.''
1991 -- Subsec. (b)(2). Pub. L. 102-159 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ''As soon as possible
after the beginning of any fiscal year, the Secretary shall, on the
basis of a written request for a preliminary payment from any local
educational agency that was eligible for a payment for the preceding
fiscal year on the basis of an entitlement established under section 237
of this title, make such a preliminary payment of 50 percent of the
amount that such agency received for such preceding fiscal year on the
basis of such entitlement.''
Pub. L. 102-103, 402(1), amended par. (2) generally. Prior to
amendment, par. (2) read as follows: ''As soon as possible after the
beginning of any fiscal year, the Secretary shall, on the basis of a
written request for a preliminary payment from any local educational
agency that was eligible for a payment for the preceding fiscal year on
the basis of entitlements established under section 237 or 238 of this
title, make such a preliminary payment --
''(A) to any agency for whom the number of children determined under
section 238(a) of this title amounts to at least 20 per centum of such
agency's total average daily attendance, of 75 per centum of the amount
that such agency received for such preceding fiscal year on the basis of
such entitlements; and
''(B) to any other agency, of 50 per centum of the amount that such
agency received for such preceding fiscal year on the basis of such
entitlements.''
Subsec. (e)(1)(D). Pub. L. 102-103, 402(2), amended subpar. (D)
generally. Prior to amendment, subpar. (D) read as follows: ''The
Secretary is authorized to modify the per pupil amount described in
subparagraph (A) of this paragraph, in any case in which, in the fiscal
year for which the determination is made a local educational agency is
no longer an agency described in subsection (c)(2)(A)(i) of this
section, or subsection (c)(2)(A)(ii) of this section, but is an agency
described in subsection (c)(2)(A)(ii) of this section or subsection
(c)(2)(A)(iii) of this section, as the case may be.''
1990 -- Subsec. (a). Pub. L. 101-305, 3(c), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''Any
local educational agency desiring to receive the payments to which it is
entitled for any fiscal year under sections 237, 238, or 239 of this
title shall submit an application therefor through the State educational
agency of the State in which such agency is located to the Secretary.
Such applications shall be submitted at such time, in such form, and
containing such information as the Secretary may reasonably require to
enable him to carry out his functions under this subchapter and shall
give adequate assurance that the applicant will submit such reports as
the Secretary may reasonably require to determine whether such agency is
entitled to a payment under any of such sections and the amount of such
payment.''
Subsec. (c)(2)(C). Pub. L. 101-305, 3(d), added subpar. (C).
Subsec. (e)(1)(B). Pub. L. 101-589, 722(d)(1), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ''For any
fiscal year beginning after September 30, 1988, the Secretary shall
allocate to any local educational agency which received a payment under
section 238(b) of this title in fiscal year 1987 for children described
in subsection (c)(3)(A)(i) of this section, an amount which is not less
than the product of 100 per centum of the per pupil amount paid to such
agency in fiscal year 1987 and the number of such children in average
daily attendance in the fiscal year for which such determination is
made.''
Subsec. (e)(3). Pub. L. 101-589, 722(d)(2), struck out par. (3)
which read as follows: ''In no event shall the amount allocated to any
local educational agency in any fiscal year under subparagraph (B) of
paragraph (1) exceed the amount received by such agency in the fiscal
year 1987.''
1989 -- Subsec. (c)(4). Pub. L. 101-26, 2(c), substituted ''under
paragraph (2)(B) or paragraph (3)(B), respectively, the full amounts
that local educational agencies are entitled to receive under such
paragraphs'' for ''under clause (ii) or (iii) of paragraph (2)(B), or
clause (ii) or (iii) of paragraph (3)(B), respectively, the full amount
which local educational agencies are entitled to receive under such
clauses''.
Subsec. (e)(1)(A). Pub. L. 101-26, 2(d), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ''For any
fiscal year after September 30, 1988, the Secretary shall allocate to
any local educational agency which received a payment under section
238(a) of this title in fiscal year 1987, an amount which is not less
than the product of 100 per centum of the per pupil amount paid to such
agency in fiscal year 1987 and the number of such children in average
daily attendance for the fiscal year for which the determination is made
under such subsection.''
Subsec. (e)(3). Pub. L. 101-26, 2(e), substituted ''under
subparagraph (B) of paragraph (1)'' for ''under paragraph (1)''.
1988 -- Subsec. (a). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner'' in three places.
Subsec. (b)(1). Pub. L. 100-297, 2015(b), inserted ''(1)'' after
subsec. designation and directed insertion at end thereof of provision
relating to return of funds to the United States Treasury by the
Secretary at the end of the fifth fiscal year following the end of the
fiscal year for which the sums were appropriated, was executed by
inserting the provision at end of par. (1) as the probable intent of
Congress.
Pub. L. 100-297, 2015(a), inserted '', rounded to the nearest whole
dollar,'' after ''agency''.
Pub. L. 100-297, 2011(a)(1), substituted ''Secretary'' for
''Commissioner'' in two places.
Subsec. (b)(2). Pub. L. 100-297, 2015(c), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''Not later
than thirty days after the beginning of any fiscal year the Secretary
shall, on the basis of any application for preliminary payment from any
local educational agency which was eligible for a payment during the
preceding fiscal year on the basis of entitlements established under
section 237 or 238 of this title, make such a payment to such agency of
not less than 75 per centum of the amount that such agency received
during such preceding fiscal year.''
Pub. L. 100-297, 2011(a)(1), substituted ''Secretary'' for
''Commissioner''.
Subsec. (b)(3)(A), (C)(i), (ii), (v), (vi). Pub. L. 100-297,
2011(a)(1), substituted ''Secretary'' for ''Commissioner'', wherever
appearing.
Subsec. (b)(3)(C)(vii). Pub. L. 100-297, 2011(a)(1), (2),
substituted ''Secretary'' for ''Commissioner'' wherever appearing, and
''Secretary's'' for ''Commissioner's''.
Subsec. (b)(3)(C)(viii), (D), (E). Pub. L. 100-297, 2011(a)(1),
substituted ''Secretary'' for ''Commissioner'' wherever appearing.
Subsec. (c). Pub. L. 100-297, 2015(e)(2)(B), which directed the
amendment of the sentence following paragraph (2) of subsec. (c) ''(as
amended by subparagraph (A))'', by striking out ''or (3)'' was executed
by striking out ''or (3)'' in sentence following paragraph (4) of
subsec. (c), to reflect the probable intent of Congress.
Pub. L. 100-297, 2015(e)(2)(C), struck out at end: ''No allocation
may be made pursuant to any clause of paragraph (2)(A) and no payment
may be made on the basis of any such allocation unless allocations are
made pursuant to all of the clauses of such paragraph and payments are
made on the basis of such allocations.''
Pub. L. 100-297, 2011(a)(1), substituted ''Secretary'' for
''Commissioner'' in two places in introductory provisions.
Subsec. (c)(1). Pub. L. 100-297, 2015(d), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''He shall
first allocate to each local educational agency which is entitled to a
payment under section 237 of this title an amount equal to 100 per
centum of the amount to which it is entitled as computed under that
section for such fiscal year and he shall further allocate to each local
educational agency which is entitled to a payment under section 238 of
this title an amount equal to 25 per centum of the amount to which it is
entitled as computed under section 238(d) of this title for such fiscal
year.''
Subsec. (c)(2). Pub. L. 100-297, 2015(e)(1), amended par. (2)
generally, revising and restating subpars. (A) and (B) relating to
allocation of sums remaining after allocations under par. (1).
Subsec. (c)(3). Pub. L. 100-297, 2015(e)(1), (2)(A), added par. (3)
and struck out former par. (3) which read as follows: ''Any sums
remaining after allocations are made pursuant to paragraph (2) for any
fiscal year shall be allocated by the Secretary among local educational
agencies which have unsatisfied entitlements established under sections
238 and 239 of this title in proportion to the degree to which such
entitlements are unsatisfied for that fiscal year, after allocations are
made pursuant to paragraphs (1) and (2).''
Pub. L. 100-297, 2011(a)(1), substituted ''Secretary'' for
''Commissioner''.
Subsec. (c)(4). Pub. L. 100-297, 2015(e)(1), added par. (4).
Subsec. (d)(2)(A). Pub. L. 100-297, 2015(f), inserted provision that
increase in payments described in sections 238(d)(2)(B), 238(d)(2)(C),
238(d)(2)(D), and 238(d)(3)(B)(ii) of this title not be taken into
consideration by the State for the purpose of this subparagraph.
Subsec. (d)(2)(B), (C). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner'' wherever appearing.
Subsec. (e). Pub. L. 100-297, 2015(g), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows:
''(1) In carrying out the required allocations under paragraph (2) of
subsection (c) of this section, if any amount remains after making
allocations under paragraph (2)(A) of such subsection, the Secretary
shall allocate, from the amounts available under paragraph (2)(B) of
such subsection, to each local educational agency described in the
schedule in such paragraph (2)(A) an amount which shall not be less than
90 per centum of the amount paid to such agency under this section for
the preceding fiscal year. If sums appropriated for any fiscal year for
making payments under this section are not sufficient to pay in full the
amount to which each local educational agency is entitled under the
previous sentence, such amounts shall be ratably reduced.
''(2) Any sums which remain from the amounts available under
paragraph (2)(B) of subsection (c) of this section after making payments
required by the first sentence of paragraph (1) of this subsection shall
be allocated by the Secretary among local educational agencies which
have unsatisfied entitlements under sections 238 and 239 of this title
in accordance with appropriations Acts.''
Pub. L. 100-297, 2011(a)(1), substituted ''Secretary'' for
''Commissioner'' in pars. (1) and (2).
Subsec. (g). Pub. L. 100-297, 2011(a)(1), substituted ''Secretary''
for ''Commissioner''.
1984 -- Subsecs. (c), (h). Pub. L. 98-396 and Pub. L. 98-511 made
identical amendments by designating as subsec. (h) former provisions of
subsec. (c) relating to legislation enacted after Mar. 31, 1983, which
places an additional restriction on payments based on the concentration
of children in the schools of a local educational agency and a
limitation on the increase in the amount of funds paid to certain States
in fiscal year 1984, 1985, or 1986.
1983 -- Subsec. (c). Pub. L. 98-211 inserted provision that if any
legislation enacted after March 31, 1983, affects the determination of
amounts of payments made on the basis of entitlements established under
sections 237, 238, and 239 of this title by placing any additional
restriction on payments based on the concentration of children counted
under subsection (a) or (b) of section 238 of this title in the schools
of a local educational agency, such restriction shall be applied, in the
case of any State (other than a territory or possession of the United
States) within which there is only one local educational agency, by
treating each administrative school district within such State as a
local educational agency (solely for the purpose of computing the amount
of such payments), and that treating such an administrative school
district as a local educational agency under the preceding sentence
shall not result, during fiscal year 1984, 1985, or 1986, in an increase
of more than 10 per centum in the amount of funds paid to such State
above the amount which would otherwise be paid to such State for such
fiscal year.
Pub. L. 98-139 temporarily amended subsec. (c) by inserting
provision at end which was substantially identical to provisions added
by Pub. L. 98-211. See Effective and Termination Dates of 1983
Amendment note below.
1979 -- Subsec. (b)(3)(C)(i). Pub. L. 96-46, 3(b)(1), substituted
''may, in its discretion and without regard to the requirements of any
other provision of law, file'' for ''may file''.
Subsec. (b)(3)(E), (F). Pub. L. 96-46, 3(b)(2), added subpar. (E)
and redesignated former subpar. (E) as (F).
Subsec. (c)(2)(A)(v). Pub. L. 96-46, 3(b)(3), substituted ''clause
(i)(II) of this subparagraph'' for ''clause (A)(ii) of this paragraph''.
1978 -- Subsec. (a). Pub. L. 95-561, 1101(b), struck out
designation ''(1)'' before ''Any local educational agency'' and struck
out par. (2) which related to applications submitted for payments on
the basis of children who resided, or resided with parents employed, on
Indian lands.
Subsec. (b). Pub. L. 95-561, 1005, 1101(c), designated existing
provisions as par. (1) and added pars. (2) and (3).
Subsec. (c). Pub. L. 95-561, 1003(c), 1007(a), 1101(e), inserted
subpar. designation ''(A)'' after existing par. (2) designation,
redesignated existing subpars. (A)-(F) as cls. (i)(II) and
(iii)-(vii), respectively, of redesignated par. (2)(A), added cls.
(i)(I) and (ii) thereof, added par. (2)(B) following redesignated par.
(2)(A)(vii), inserted reference to section 238(b)(3) of this title in
redesignated par. (2)(A)(i)(II), inserted ''(other than such children
with respect to whom a payment is made under clause (A)(ii) of this
paragraph)'' after ''section 238(b) of this title'' in redesignated par.
(2)(A)(v), substituted ''amount equal to 65 per centum of the amounts
described in the following schedule:'' for ''amount -- '' in provisions
preceding redesignated par. (2)(A)(i), and, in provisions following
par. (3), substituted ''paragraph (2)(A)'' for ''paragraph (2)'' the
second place it appears.
Subsec. (d)(2)(C). Pub. L. 95-561, 1006(a), added subpar. (C)
relating to State equalization.
Subsec. (e). Pub. L. 95-561, 1007(b), substituted provisions
relating to the allocation of amounts remaining after making the
allocations under subsec. (c)(2)(A) of this section for provisions
setting limitations on payments with respect to children on, or residing
with a parent employed on, Federal property described in section
244(1)(C) of this title.
Subsec. (g). Pub. L. 95-561, 1008, added subsec. (g).
1976 -- Subsec. (c)(1). Pub. L. 94-482, 330(b)(1), amended par.
(1) generally, increasing the allocation under section 237 of this title
from 25 to 100 per centum of the entitled amount.
Subsec. (c)(2)(G). Pub. L. 94-482, 330(b)(2), struck out subpar.
(G) relating to entitlement under section 237 of this title equal to 35
per centum of computed amount under such section.
Subsec. (c)(3). Pub. L. 94-482, 330(b)(3), struck out reference to
section 237 of this title.
Subsec. (d)(2)(C). Pub. L. 94-482, 330(a), added subpar. (C).
Subsec. (e)(1). Pub. L. 94-273 substituted ''October'' for ''July''.
1974 -- Pub. L. 93-380, 305(a)(2), in revising the section,
effective on and with respect to appropriations for fiscal years
beginning on and after July 1, 1975, substituted provisions of subsecs.
(a) to (f) respecting: (a) applications to Commissioner, time of
submission, form, information, and definition of ''Indian lands''; (b)
payments by the Commissioner; (c) adjustments where necessitated by
appropriation; (d) treatment of payments by the State in determining
eligibility for, and the amount of, State aid, notice and opportunity
for hearing, and definitions of ''State aid'' and ''equalize
expenditures''; (e) limitations on payments with respect to children
on, or residing with a parent employed on, Federal property described in
section 244(1)(C) of this title; and (f) use of funds with respect to
entitlements increased under section 238(d)(2)(C) of this title for
prior provisions of subsecs. (a) to (d) respecting (a) submission of
applications and definition of ''Indian lands''; (b) payments; (c)
adjustments where necessitated by appropriations; and (d) adjustments
for reduction in State aid.
Subsec. (c)(1)(A). Pub. L. 93-380, 304(d)(2), provided for
determination of entitlement of local educational agencies to payments
based on residence in a low-rent housing project assisted under certain
Federal provisions ''(other than any such property which is Federal
property described in section 244(1)(A) of this title)''.
Subsec. (d)(1). Pub. L. 93-380, 304(c)(1), substituted, in subsec.
(d)(2), ''Except as provided in paragraph (3), no payments'' for ''No
payments'', effective for fiscal year 1975 only. Such provision
redesignated and amended by Pub. L. 93-380, 305(a)(2) to read ''(d)(1)
Except as provided in paragraph (2), no payments'', effective on and
with respect to appropriations for fiscal years beginning on and after
July 1, 1975.
Subsec. (d)(2). Pub. L. 93-380, 304(c)(2), added par. (3). Such
par. (3) redesignated and amended by Pub. L. 93-380, 305(a)(2) to be
par. (2) with the following changes: substitution in subpar. (A)
''paragraph (1)'' for ''paragraph (2)'' and ''adversely affected by the
operation of this subsection, such agency shall be afforded notice and
an opportunity for a hearing prior to the reduction or termination of
payments pursuant to this subsection'' for ''adversely affected by any
decision of the Commissioner pursuant to this subsection, such agency
shall be afforded notice and an opportunity for a hearing prior to the
implementation of such decision'' and in subpar. (B) ''defined by the
Commissioner by regulation, after consultation with State and local
educational agencies affected by this subsection,'' for ''defined by the
Commissioner by regulation after consultation with State and local
educational agencies affected'', effective on and with respect to
appropriations for fiscal years beginning on and after July 1, 1975.
1972 -- Subsec. (a). Pub. L. 92-318 designated existing provisions
as par. (1) and added par. (2).
1970 -- Subsec. (c)(1). Pub. L. 91-230 designated existing
provisions of first and second sentences as par. (1), and, among other
changes, including phraseological changes, inserted cl. (A), designated
existing provisions as cl. (B), inserting therein the exception
provisions reading ''except as otherwise provided in paragraph (3)'' and
''except that he shall not take into consideration any part of any
entitlement determined under clause (A)'' and inserted provision that
''For the purposes of this paragraph, in determining the amount to which
each local educational agency is entitled under section 238 of this
title, he shall include any increases under paragraph (4) of subsection
(c) thereof; but he shall exclude any part of any entitlement
determined under clause (A) of this paragraph.''
Subsec. (c)(2), (3). Pub. L. 91-230 added pars. (2) and (3).
Subsec. (c)(4). Pub. L. 91-230 designated existing provisions of
third sentence as par. (4), and, among changes in language, substituted
''allocated to a section under paragraph (1)'', ''available for making
payments under this subchapter'', and ''basis as is provided in
paragraphs (1), (2), and (3)'' for ''so allocated'', ''available for
carrying out such sections'', and ''basis as is provided above''.
1968 -- Subsec. (d). Pub. L. 90-576 designated existing provisions
as par. (1) and added par. (2).
1966 -- Subsec. (b). Pub. L. 89-750, 202, inserted provision that
sums appropriated pursuant to this chapter for any fiscal year shall
remain available, for obligation and payments with respect to amounts
due local educational agencies under this subchapter for such year,
until the close of the following fiscal year.
Subsec. (d). Pub. L. 89-750, 203, added subsec. (d).
1965 -- Pub. L. 89-10 substituted ''this title'' for ''this Act'',
and for purposes of codification, ''this title'' was changed to ''this
subchapter''.
1956 -- Subsec. (c). Act Aug. 3, 1956, substituted ''subsection
(c)(4)'' for ''subsection (c)(2)'' before ''of section 238''.
1953 -- Subsec. (b). Act Aug. 8, 1953, 6, authorized payments to
be made from time to time rather than on a quarterly basis, specifically
provided that adjustments can be made for prior erroneous payments
whether in same fiscal year or not, and struck out requirement of
certification by Commissioner to Secretary of the Treasury of amounts to
be paid.
Subsec. (c). Act Aug. 8, 1953, 7, provided for proportionate
allocation of the appropriations available among sections 237, 238, and
239(a) of this title.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Section 303(b)(2) of Pub. L. 98-511 provided that: ''The amendment
made by paragraph (1) of this subsection (amending this section) shall
be effective December 8, 1983.''
Section 101 of Pub. L. 98-396 provided in part that: ''This
amendment (amending this section) shall be effective December 8, 1983.''
Title III of Pub. L. 98-139 provided in part that the amendment made
by Pub. L. 98-139 is effective for the duration of the provisions of
Pub. L. 98-139, the Department of Education Appropriation Act, 1984,
which covered the fiscal year ending Sept. 30, 1984, and further
provided that ''This provision shall no longer be in effect upon
enactment into public law of similar language by the duly recognized
authorization committees; further this provision shall not result in an
increase to the State of Hawaii in an amount in excess of 50 per centum
of that which the State would have received without the enactment of
this provision.'' For enactment of similar language, see 1983 Amendment
notes set out above.
Section 8 of Pub. L. 96-46 provided that: ''The amendments made by
this Act (enacting section 3164 of this title, amending this section,
sections 241-1, 930, 1211a, 1221-3, 1221h, 1226c, 1232g, 2308, 2310,
2603, 2721, 2733 to 2735, 2740, 2762, 2763, 2772, 2782, 2902, 3084,
3163, 3200, 3289, 3381 to 3386 of this title, and sections 2001, 2002,
2006, 2008, 2012 of Title 25, Indians, enacting provisions set out as a
note under section 1221e of this title, and amending provisions set out
as notes under sections 236, 1211b, 1221-1, 1231a, and 2701 of this
title and section 13 of Title 25) shall take effect October 1, 1978.''
Section 1101(b) of Pub. L. 95-561 provided that the amendment made
by that section is effective with respect to fiscal years beginning on
or after Nov. 1, 1978.
Amendment by section 1005 of Pub. L. 95-561 effective with respect
to 1979 fiscal year and subsequent fiscal years, see section 1032 of
Pub. L. 95-561, set out as a note under section 237 of this title.
Section 1101(c) of Pub. L. 95-561 provided that the amendment made
by that section is effective with respect to fiscal years beginning on
or after Nov. 1, 1978.
The amendment of the provisions of subsec. (c)(2)(A) preceding cl.
(i) and of cls. (i) and (iii)-(vii) thereof, the enactment of subsec.
(c)(2)(B), the amendment of the provisions of subsec. (c) following
par. (3), and the amendment of subsec. (e) by sections 1003(c) and
1007 of Pub. L. 95-561 to be effective with respect to fiscal year 1980
and subsequent fiscal years, see section 1032(2) of Pub. L. 95-561, set
out as a note under section 237 of this title.
Section 1101(e) of Pub. L. 95-561 provided that the amendment made
by that section is effective with respect to fiscal years beginning on
or after Nov. 1, 1978.
Amendment by section 1006(a) of Pub. L. 95-561 effective Nov. 1,
1978, see section 1032(1) of Pub. L. 95-561, set out as a note under
section 237 of this title.
Amendment by section 1008 of Pub. L. 95-561 effective with respect
to the 1979 fiscal year and subsequent fiscal years, see section 1032 of
Pub. L. 95-561, set out as a note under section 237 of this title.
Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976,
except either as specifically otherwise provided for in section
330(b)(4) of Pub. L. 94-482 (set out below) or effective July 1, 1976,
for those amendments providing for authorization of appropriations, see
section 532 of Pub. L. 94-482, set out as a note under section 1001 of
this title.
Pub. L. 94-482, 330(b)(4), provided that: ''The amendments made by
this subsection (amending this section) shall take effect on July 1,
1975.''
Section 304(c)(3) of Pub. L. 93-380 provided that: ''The amendments
made by this subsection (amending subsec. (d)(2) and enacting subsec.
(d)(3) of this section) shall be effective for fiscal year 1975 only.''
Amendment by section 304(d)(2) of Pub. L. 93-380 effective on and
after sixtieth day after Aug. 21, 1974, except as otherwise specified
hereunder, see section 2(c) of Pub. L. 93-380, set out as a note under
section 244 of this title.
Amendment by section 305(a)(2) of Pub. L. 93-380 effective on and
with respect to appropriations for fiscal years beginning on and after
July 1, 1975, see section 305(b)(1), formerly 305(a)(3), of Pub. L.
93-380, set out in part as a note under section 238 of this title.
Section 305(b) of Pub. L. 90-576 provided that: ''The amendments
made by subsection (a) (amending this section) shall become effective
with respect to each State on the first day of the first fiscal year
which begins after the adjournment of the first complete legislative
session (at which State aid may be considered) of such State's
legislature held after the date of enactment of this Act (Oct. 16,
1968).''
Amendment by Pub. L. 89-750 effective for fiscal years beginning
after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a
note under section 238 of this title.
Amendment by act Aug. 3, 1956, effective July 1, 1956, see note set
out under section 237 of this title.
For effective date of amendments by act Aug. 8, 1953, see section 12
of act Aug. 8, 1953, set out as a note under section 237 of this title.
Section 722(b), (c) of Pub. L. 101-589 provided that:
''(b) Payments. -- Section 5(e)(1)(D) of Public Law 81-874 (20 U.S.C.
240) (hereafter in this section referred to as the 'Act') shall not
apply to any local educational agency that was an agency described in
section 5(c)(2)(A)(ii) of the Act in fiscal year 1990 but is an agency
described in section 5(c)(2)(A)(iii) in fiscal year 1991, 1992, or 1993
as a result of families moving off base due to a landfill or health
concern or an environmental hazard, or due to risk assessment,
investigation, testing or remediation for such concern or hazard, and
any such local educational agency shall be deemed to belong to the
category described in section 5(c)(2)(A)(ii) for each of the fiscal
years 1991, 1992, and 1993.
''(c) Sunset Provision. -- The provisions of subsection (b) shall
apply only during the period beginning on the date of enactment of this
Act (Nov. 16, 1990) and ending on September 30, 1993.''
Pub. L. 101-517, title V, 516, Nov. 5, 1990, 104 Stat. 2222,
provided that: ''Section 5(e)(1)(D) of Public Law 81-874 (as amended)
(20 U.S.C. 240) (hereafter in this section referred to as the 'Act')
shall not apply to any local educational agency that was an agency
described in section 5(c)(2)(A)(ii) of the Act in fiscal year 1990 but
is an agency described in section 5(c)(2)(A)(iii) in fiscal year 1991 as
a result of families moving off base due to a landfill or health concern
or an environmental hazard, or due to risk assessment, investigation,
testing or remediation for such concern or hazard, and any such local
educational agency shall be deemed to belong to the category described
in section 5(c)(2)(A)(ii) for fiscal year 1991.''
Section 3(e) of Pub. L. 101-305 provided that: ''The Secretary of
Education shall consider as timely filed, and shall process for payment,
an application from a local educational agency that is eligible to
receive the payments to which it is entitled in fiscal year 1990 under
section 2 or 3 of the Act (20 U.S.C. 237, 238), if the Secretary
receives the application by June 29, 1990, and the application is
otherwise approvable.''
Section 2(f) of Pub. L. 101-26 provided that: ''The Secretary shall
consider as timely filed, and shall process for payment, an application
from a local educational agency that is eligible for fiscal year 1989
funds under section 2 or 3 of the Act (20 U.S.C. 237, 238), if such
application has been certified by the State educational agency, was
received by the Secretary by March 15, 1989, and is otherwise
approvable.''
Section 302 of Pub. L. 98-511 provided that: ''In the case of any
local educational agency which the Secretary of Education determines has
received, for any fiscal year after fiscal year 1976, an overpayment
under section 2 of the Act of September 30, 1950 (20 U.S.C. 237) as a
consequence of a recomputation of need based on revised data, the
Secretary shall not require more than 10 percent of the amount of the
overpayment to be repaid (or deducted from current payments) in any
fiscal year.''
Pub. L. 97-276, 140, Oct. 2, 1982, 96 Stat. 1198, provided that:
''Notwithstanding section 5(b)(2) of the Act of September 30, 1950
(Public Law 874, 81st Congress) (subsec. (b)(2) of this section), not
later than thirty days after the beginning of the fiscal year, the
Secretary of Education shall, on the basis of any application for
preliminary payment from any local educational agency which was eligible
for a payment during the preceding fiscal year on the basis of
entitlements established under section 2 or 3 of such Act (section 237
or 238 of this title), make to such agency a payment of not less than --
''(1) in the case of a local educational agency described in section
3(d)(1)(A) of such Act (section 238(d)(1)(A) of this title), 75 per
centum of the amount that such agency received during such preceding
fiscal year; and
''(2) in the case of any other local educational agency, 50 per
centum of the amount that such agency received during such preceding
fiscal year.''
Distributed to Local Agencies for 1977-1978 School
Year
Section 1006(b) of Pub. L. 95-561 provided that: ''No State or
local educational agency located therein shall, on the basis of
noncompliance with standards established by regulations prescribed
pursuant to section 5(d)(2) of the Act of September 30, 1950 (Public Law
874, Eighty-first Congress) (subsec. (d)(2) of this section), be
required to make restitution of funds distributed to local educational
agencies under such Act for the 1977-1978 school year if such State has
an equalization program which, for the 1978-1979 school year complies
with such standards.''
Bureau Schools; Special Regulations
Section 1101(d) of Pub. L. 95-561 required the Secretary of Health,
Education, and Welfare, in cooperation with the Commissioner of
Education, within one year of Nov. 1, 1978, to promulgate special
regulations which would provide that where a local educational agency
had not undertaken the remedial action required by the Commissioner
under subsec. (b)(3)(C)(vi) of this section, the affected tribes could
elect for the Bureau of Indian Affairs to provide educational services
provided by the local educational agency.
Date
Pub. L. 93-150, 11, Nov. 7, 1973, 87 Stat. 564, provided that
subsec. (d)(2) of this section was not to operate to deprive any local
educational agency of payments under this chapter during the fiscal year
ending June 30, 1974, if such local educational agency was in a State
which after June 30, 1972, had adopted a program of State aid for free
public education designed to equalize expenditures for education among
local educational agencies in that State and that it, i.e., section 11,
was to be effective on and after July 1, 1973, and to be deemed to have
been enacted on June 30, 1973.
/1/ So in original.
20 USC 241. Education of children where local agencies cannot supply
facilities
TITLE 20 -- EDUCATION
(a) Necessary arrangements by Secretary; standard of education
In the case of children who reside on Federal property --
(1) if no tax revenues of the State or any political subdivision
thereof may be expended for the free public education of such children;
or
(2) if it is the judgment of the Secretary, after he has consulted
with the appropriate State educational agency, that no local educational
agency is able to provide suitable free public education for such
children,
the Secretary shall make such arrangements (other than arrangements
with respect to the acquisition of land, the erection of facilities,
interest, or debt service) as may be necessary to provide free public
education for such children. Such arrangements to provide free public
education may also be made for children of members of the Armed Forces
on active duty, if the schools in which free public education is usually
provided for such children are made unavailable to them as a result of
official action by State or local governmental authority and it is the
judgment of the Secretary, after he has consulted with the appropriate
State educational agency, that no local educational agency is able to
provide suitable free public education for such children. To the
maximum extent practicable, the local educational agency, or the head of
the Federal department or agency, with which any arrangement is made
under this section shall take such action as may be necessary to ensure
that the education provided pursuant to such arrangement is comparable
to free public education provided for children in comparable communities
in the State, or, in the case of education provided under this section
outside the continental United States, Alaska, and Hawaii, comparable to
free public education provided for children in the District of Columbia.
For purposes of providing such comparable education, all substantive
rights, protections and procedural safeguards (including due process
procedures), available to children with disabilities age 3 to 5,
inclusive, under part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.) and to infants and toddlers under part H of
such Act (20 U.S.C. 1471 et seq.) shall be applicable to such comparable
education by academic year 1992-1993, and all substantive rights,
protections and procedural safeguards (including due process
procedures), available under part B of such Act shall be applicable to
such comparable education for all other eligible children on October 7,
1991. For the purpose of providing such comparable education, personnel
may be employed and the compensation, tenure, leave, hours of work, and
other incidents of the employment relationship may be fixed without
regard to the Civil Service Act and rules and the following: (1)
chapter 51 and subchapter III of chapter 53 of title 5; (2) subchapter
I of chapter 63 of title 5; (3) sections 5504, 5541 to 5549, and 6101
of title 5; (4) sections 1302(b), (c), 2108, 3305(b), 3306(a)(2), 3308
to 3318, 3319(b), 3320, 3351, 3363, 3364, 3501 to 3504, 7511, 7512, and
7701 of title 5; and (5) chapter 43 of title 5. Personnel provided for
under this subsection outside of the continental United States, Alaska,
and Hawaii, shall receive such compensation, tenure, leave, hours of
work, and other incidents of employment on the same basis as provided
for similar positions in the public schools of the District of Columbia.
In any case where education was being provided on January 1, 1955, or
thereafter under an arrangement made under this subsection for children
residing on an Army, Navy (including the Marine Corps), or Air Force
installation, it shall be presumed, for the purposes of this subsection,
that no local educational agency is able to provide suitable free public
education for the children residing on such installation, until the
Secretary and the Secretary of the military department concerned jointly
determine, after consultation with the appropriate State educational
agency, that a local educational agency is able to do so.
(b) Education of children in adjacent areas
In any case in which the Secretary makes such arrangements for the
provision of free public education in facilities situated on Federal
property, he may also make arrangements for providing free public
education in such facilities for children residing in any area adjacent
to such property with a parent who, during some portion of the fiscal
year in which such education is provided, was employed on such property,
but only if the Secretary determines after consultation with the
appropriate State educational agency (1) that the provision of such
education is appropriate to carry out the purposes of this subchapter,
(2) that no local educational agency is able to provide suitable free
public education for such children, and (3) in any case where in the
judgment of the Secretary the need for the provision of such education
will not be temporary in duration, that the local educational agency of
the school district in which such children reside, or the State
educational agency, or both, will make reasonable tuition payments to
the Secretary for the education of such children. Such payments may be
made either directly or through deductions from amounts to which the
local educational agency is entitled under this subchapter, or both, as
may be agreed upon between such agency and the Secretary. Any amounts
paid to the Secretary by a State or local educational agency pursuant to
this section shall be covered into the Treasury as miscellaneous
receipts.
(c) Education of children whose parents are employed in certain
Territories and Possessions
In any case in which the Secretary makes arrangements under this
section for the provision of free public education in facilities
situated on Federal property in Puerto Rico, Wake Island, Guam, American
Samoa, the Northern Mariana Islands, or the Virgin Islands, he may also
make arrangements for providing free public education in such facilities
for children residing with a parent employed by the United States in a
grade, position, or classification subject by policy and practice to
transfer or reassignment to areas where English is the language of
instruction in the schools normally attended by children of Federal
employees. Dependents of excepted service professional employees of the
schools shall be eligible to attend the schools. In any case where
education is being provided under an arrangement made under this
subsection, it shall be presumed that no local educational agency is
able to provide suitable free public education for the children of
eligible parents employed by the United States until the Secretary
determines, after consultation with the appropriate State educational
agency, that a local educational agency is able to do so.
(d) Restrictions on making arrangements
The Secretary may make an arrangement under this section only with a
local educational agency or with the head of a Federal department or
agency administering Federal property on which children reside who are
to be provided education pursuant to such arrangement or, in the case of
children to whom the second sentence of subsection (a) of this section
applies, with the head of any Federal department or agency having
jurisdiction over the parents of some or all of such children. Except
where the Secretary makes arrangements pursuant to the second sentence
of subsection (a) of this section, arrangements may be made under this
section only for the provision of education in facilities of a local
educational agency or in facilities situated on Federal property. The
Secretary shall ensure that funds provided under such arrangement or
arrangements are expended in an efficient manner, and shall require an
accounting of funds by such agency at least on an annual basis. The
Secretary shall further be provided with data relating to the quality
and type of education provided to such children under such arrangement
or arrangements.
(e) Limit on payments
To the maximum extent practicable, the Secretary shall limit the
total payments made pursuant to any such arrangement for educating
children within the continental United States, Alaska, or Hawaii, to an
amount per pupil which will not exceed the per pupil cost of free public
education provided for children in comparable communities in the State.
The Secretary shall limit the total payments made pursuant to any such
arrangement for educating children outside the continental United
States, Alaska, or Hawaii, to an amount per pupil which will not exceed
the amount he determines to be necessary to provide education comparable
to the free public education provided for children in the District of
Columbia.
(f) Children living on Federal property
If no tax revenues of a State or of any political subdivision of the
State may be expended for the free public education of children who
reside on any Federal property within the State, or if no tax revenues
of a State are allocated for the free public education of such children,
then the property on which such children reside shall not be considered
Federal property for the purposes of sections 238 and 239 of this title.
If a local educational agency refuses for any other reason to provide
in any fiscal year free public education for children who reside on
Federal property which is within the school district of that agency or
which, in the determination of the Secretary, would be within that
school district if it were not Federal property, there shall be deducted
from any amount to which the local educational agency is otherwise
entitled for that year under section 238 or 239 of this title an amount
equal to (1) the amount (if any) by which the cost to the Secretary of
providing free public education for that year for each such child
exceeds the local contribution rate of that agency for that year,
multiplied by (2) the number of such children.
(g) Elective school boards
The Secretary shall ensure the establishment of an elective school
board in schools assisted under this section. Such school board shall
be composed of a minimum of three members, elected by the parents of
students in attendance at such school. The Secretary shall, by
regulation, establish procedures for carrying out such school board
elections as provided in this subsection.
(h) School board oversight of school expenditures and operations
A school board established pursuant to subsection (g) of this section
shall be empowered to oversee school expenditures and operations,
subject to audit procedures established by the Secretary, and other
provisions of this section.
(i) Availability of funds
Notwithstanding any other provision of law, a local educational
agency receiving funds under section 238 of this title may also receive
funds under this section.
(Sept. 30, 1950, ch. 1124, title I, 6, formerly 6, 64 Stat. 1107;
Aug. 8, 1953, ch. 402, 8, 67 Stat. 535; Aug. 1, 1955, ch. 446, 69
Stat. 433; Aug. 1, 1956, ch. 852, 10, 70 Stat. 909; May 6, 1960, Pub.
L. 86-449, title V, 501, 74 Stat. 89; renumbered and amended Apr. 11,
1965, Pub. L. 89-10, title I, 2, 4(d)(2), 79 Stat. 27, 35; July 21,
1965, Pub. L. 89-77, 2, 79 Stat. 243; Nov. 3, 1966, Pub. L. 89-750,
title II, 204, 80 Stat. 1212; Apr. 13, 1970, Pub. L. 91-230, title IV,
401(f)(1), 84 Stat. 173; Nov. 1, 1978, Pub. L. 95-561, title X,
1009, 1031(a), 92 Stat. 2309, 2312; Apr. 28, 1988, Pub. L. 100-297,
title II, 2011(a)(1), 2016, 102 Stat. 294, 299; Oct. 7, 1991, Pub.
L. 102-119, 23(a), 105 Stat. 604.)
The Individuals with Disabilities Education Act, referred to in
subsec. (a), is title VI of Pub. L., 91-230, Apr. 13, 1970, 84 Stat.
175, as amended. Parts B and H of the Act are classified generally to
subchapters II ( 1411 et seq.) and VIII ( 1471 et seq.), respectively,
of chapter 33 of this title. For complete classification of this Act to
the Code, see section 1400 of this title and Tables.
The Civil Service Act, referred to in subsec. (a), is act Jan. 16,
1883, ch. 27, 22 Stat. 403, as amended. The act was repealed by
section 8 of Pub. L. 89-554, 80 Stat. 632, and the provisions thereof
were reenacted as a part of sections 1101 to 1103, 1105, 1301, 1302,
1303, 1307, 1308, 2102, 2951, 3302, 3303, 3304, 3305, 3306, 3318, 3319,
3361, 7152, 7153, 7321, 7322, 7352 of Title 5, Government Organization
and Employees.
Section 3306 of title 5, referred to in subsec. (a), was repealed by
Pub. L. 95-228, 1, Feb. 10, 1978, 92 Stat. 25.
Section 3319 of title 5, referred to in subsec. (a), was repealed by
Pub. L. 95-454, title III, 307(h)(1), Oct. 13, 1978, 92 Stat. 1149.
In subsec. (a), the following substitutions were made on authority
of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and Employees.
''Chapter 51 and subchapter III of chapter 53 of title 5''
substituted for ''the Classification Act of 1949, as amended'', and
''subchapter I of chapter 63 of title 5'' substituted for ''the Annual
and Sick Leave Act of 1951, as amended''.
''Sections 5504, 5541 to 5549, and 6101 of title 5'' substituted for
''the Federal Employees Pay Act of 1945, as amended''.
''Sections 1302(b), (c), 2108, 3305(b), 3306(a)(2), 3308 to 3318,
3319(b), 3320, 3351, 3363, 3364, 3501 to 3504, 7511, 7512, and 7701 of
title 5'' substituted for ''the Veterans' Preference Act of 1944, as
amended''.
''Chapter 43 of title 5'' substituted for ''the Performance Rating
Act of 1950, as amended''.
1991 -- Subsec. (a). Pub. L. 102-119 inserted after third sentence:
''For purposes of providing such comparable education, all substantive
rights, protections and procedural safeguards (including due process
procedures), available to children with disabilities age 3 to 5,
inclusive, under part B of the Individuals with Disabilities Education
Act and to infants and toddlers under part H of such Act shall be
applicable to such comparable education by academic year 1992-1993, and
all substantive rights, protections and procedural safeguards (including
due process procedures), available under part B of such Act shall be
applicable to such comparable education for all other eligible children
on October 7, 1991.''
1988 -- Subsec. (a). Pub. L. 100-297, 2011(a)(1), in par. (2),
substituted ''of the Secretary'' for ''of the Commissioner'', and in
concluding provisions, substituted ''Secretary shall'' for
''Commissioner shall'', ''of the Secretary'' for ''of the
Commissioner'', and ''until the Secretary'' for ''until the
Commissioner''.
Subsecs. (b) to (h). Pub. L. 100-297, 2011(a)(1), substituted
''Secretary'' for ''Commissioner'' wherever appearing.
Subsec. (i). Pub. L. 100-297, 2016, added subsec. (i).
1978 -- Subsec. (a). Pub. L. 95-561, 1009(a), inserted provision
that compensation, tenure, leave, hours of work, and other incidents of
employment for personnel outside of the continental United States,
Alaska, and Hawaii be on the same basis as provided for similar
positions in the public schools of the District of Columbia.
Subsec. (c). Pub. L. 95-561, 1009(b), 1031(a), extended provisions
to include facilities situated on Federal property in the Northern
Mariana Islands and modified provisions regarding parental status to
determine a child's eligibility to enter schools in facilities on
Federal property by substituting provision requiring the parent be
employed by the Federal government in a grade, position, or
classification subject to transfer to an area where English is the
language of instruction and that it will be presumed that no local
educational agency is able to provide a suitable education unless the
Commissioner determines otherwise for provision requiring the
Commissioner first determine that the parent was employed by the Federal
government and that the type of education was approved and could not be
provided by a local educational agency, after consultation with the
State educational agency.
Subsec. (d). Pub. L. 95-561, 1009(c), inserted requirement that the
Commissioner ensure that funds are expended in an efficient manner, that
an accounting of funds be made at least on an annual basis, and that the
Commissioner be provided with data relating to the quality and type of
education being provided.
Subsecs. (g), (h). Pub. L. 95-561, 1009(d), added subsecs. (g) and
(h).
1970 -- Subsec. (g). Pub. L. 91-230 repealed subsec. (g) which
prohibited Federal control of education (personnel, curriculum, or
program of instruction of any school or school system), now superseded
by section 1232a of this title.
1966 -- Subsecs. (f), (g). Pub. L. 89-750 added subsec. (f) and
redesignated former subsec. (f) as (g).
1965 -- Subsec. (a). Pub. L. 89-77 amended fourth sentence
generally, substituting provision for employment of personnel and fixing
of compensation, tenure, leave, hours of work, and other incidents of
employment relationship without regard to certain specified Acts, for
provisions relating to employment of personnel without regard to the
civil service or classification laws.
Subsec. (b). Pub. L. 89-10, 2, substituted ''this title'' for ''this
Act'', and for purposes of codification, ''this title'' was changed to
''this subchapter''.
Subsec. (c). Pub. L. 89-10, 2, 4(d)(2), substituted ''this title''
for ''this Act'', and for purposes of codification, ''this title'' was
changed to ''this subchapter'', and inserted ''American Samoa'' after
''Guam''.
1960 -- Subsec. (a). Pub. L. 86-449, 501(a), authorized
arrangements to provide free public education to be made in cases where
schools are made unavailable as a result of official action by State or
local governmental authority, and the Commissioner determines that no
local educational agency is able to provide suitable free public
education.
Subsec. (d). Pub. L. 86-449, 501(b), empowered the Commissioner to
make arrangements with the head of any Federal department or agency
having jurisdiction over the parents of some or all of the children to
whom the second sentence of subsec. (a) of this section applies, and
substituted ''Except where the Commissioner makes arrangements pursuant
to the second sentence of subsection (a) of this section, arrangements''
for ''Arrangements''.
1956 -- Subsec. (c). Act Aug. 1, 1956, inserted ''Guam,'' after
''Wake Island,''.
1955 -- Subsec. (a). Act Aug. 1, 1955, required the Commissioner
and the Secretary of the military department concerned to jointly
determine that a local educational agency is able to provide suitable
free public education.
1953 -- Act Aug. 8, 1953, redesignated existing provisions as
subsec. (a), inserted requirement that education of children of Federal
personnel in certain territories be comparable to that in the District
of Columbia, and added subsecs. (b) to (f).
Section 27 of Pub. L. 102-119 provided that:
''(a) Sections 8, 9, and 10. -- The amendments made by sections 8, 9,
and 10 (amending sections 1423, 1431, 1434, and 1435 of this title)
shall take effect on October 1, 1991, or on the date of enactment of
this Act (Oct. 7, 1991), whichever is later.
''(b) Sections 5, 12, 13, 14, 15, 17, and 18. -- The amendments made
by sections 5, 12, 13, 14, 15, 17, and 18 (amending sections 1413, 1472,
1476, 1477, 1478, 1480, and 1482 of this title) shall take effect July
1, 1992, except that each State shall have the option to have any of the
amendments apply earlier than such date.
''(c) Remaining Provisions. -- The remaining sections of this Act
(enacting section 1484a of this title, amending this section, sections
927, 1087ee, 1400 to 1402, 1404, 1405, 1407, 1411 to 1417, 1419, 1421 to
1425, 1431 to 1433, 1435, 1442, 1443, 1451, 1452, 1461, 1471 to 1473,
and 1475 to 1485 of this title, sections 2503 and 2504 of Title 25,
Indians, sections 721, 774, 777a, 795m, and 796d of Title 29, Labor, and
sections 1396b, 1396n, 6022, 6024, 9835, 9855d, 9862, and 9886 of Title
42, The Public Health and Welfare, and enacting provisions set out as
notes under this section and sections 1400 and 1484 of this title) and
the amendments made by such sections shall take effect on the date of
the enactment of this Act (Oct. 7, 1991).''
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 95-561 effective with respect to 1979 fiscal
year and subsequent fiscal years, see section 1032 of Pub. L. 95-561,
set out as a note under section 237 of this title.
Pub. L. 90-247, title II, 202, Jan. 2, 1968, 81 Stat. 807,
provided in part that the amendment made by section 204 of Pub. L.
89-750 to this section is effective only with respect to fiscal years
beginning after June 30, 1969.
For effective date of amendments to this section by act Aug. 8,
1953, see section 12 of act Aug. 8, 1953, set out as a note under
section 237 of this title.
Section 23(b) of Pub. L. 102-119 provided that: ''With respect to
comparable education for children with disabilities for purposes of
section 6(a) of Public Law 81-874 (subsec. (a) of this section)
(relating to the program commonly known as Impact Aid), the amendment
made by subsection (a) (amending this section) may not be construed as
diminishing the extent of substantive rights, protections and procedural
safeguards available under such section 6(a) for children with
disabilities before the date of the enactment of this Act (Oct. 7,
1991).''
Provisions authorizing the expenditure of certain funds appropriated
for the Federal Aviation Administration for (1) except as otherwise
authorized by this chapter, expenses of primary and secondary schooling
for dependents of Federal Aviation Administration personnel stationed
outside the continental United States at costs for any given area not in
excess of those of the Department of Defense for the same area, when it
is determined by the Secretary that the schools, if any, available in
the locality are unable to provide adequately for the education of such
dependents, and (2) transportation of said dependents between schools
serving the area which they attend and their places of residence when
the Secretary, under such regulations as may be prescribed, determines
that such schools are not accessible by public means of transportation
on a regular basis, were contained in the following appropriation acts:
Oct. 6, 1992, Pub. L. 102-388, title III, 303, 106 Stat. 1543.
Oct. 28, 1991, Pub. L. 102-143, title III, 303, 105 Stat. 939.
Nov. 5, 1990, Pub. L. 101-516, title III, 303, 104 Stat. 2178.
Nov. 21, 1989, Pub. L. 101-164, title III, 303, 103 Stat. 1091.
Sept. 30, 1988, Pub. L. 100-457, title III, 303, 102 Stat. 2146.
Dec. 22, 1987, Pub. L. 100-202, 101(l) (title III, 303), 101 Stat.
1329-358, 1329-377.
Oct. 18, 1986, Pub. L. 99-500, 101(l) (H.R. 5205, title III, 303),
100 Stat. 1783-308, and Oct. 30, 1986, Pub. L. 99-591, 101(l), 100
Stat. 3341-308.
Dec. 19, 1985, Pub. L. 99-190, 101(e) (title III, 303), 99 Stat.
1267, 1284.
Oct. 12, 1984, Pub. L. 98-473, title I, 101(i) (title III, 303),
98 Stat. 1944, 1961.
Aug. 15, 1983, Pub. L. 98-78, title III, 303, 97 Stat. 470.
Dec. 18, 1982, Pub. L. 97-369, title III, 306, 96 Stat. 1781.
Dec. 23, 1981, Pub. L. 97-102, title III, 306, 95 Stat. 1458.
Oct. 9, 1980, Pub. L. 96-400, title III, 306, 94 Stat. 1695.
Nov. 30, 1979, Pub. L. 96-131, title III, 307, 93 Stat. 1037.
Aug. 4, 1978, Pub. L. 95-335, title III, 310, 92 Stat. 448.
Aug. 2, 1977, Pub. L. 95-85, title III, 310, 91 Stat. 416.
Aug. 14, 1976, Pub. L. 94-387, title III, 312, 90 Stat. 1185.
Nov. 24, 1975, Pub. L. 94-134, title III, 310, 89 Stat. 711.
Aug. 28, 1974, Pub. L. 93-391, title III, 311, 88 Stat. 780.
Aug. 16, 1973, Pub. L. 93-98, title III, 313, 87 Stat. 340.
Aug. 22, 1972, Pub. L. 92-398, title III, 313, 86 Stat. 591.
Aug. 10, 1971, Pub. L. 92-74, title I, 85 Stat. 203.
Dec. 26, 1969, Pub. L. 91-168, title I, 83 Stat. 455.
Aug. 8, 1968, Pub. L. 90-464, title I, 82 Stat. 655.
Oct. 23, 1967, Pub. L. 90-112, title II, 81 Stat. 312.
June 29, 1966, Pub. L. 89-474, title I, 80 Stat. 223.
June 30, 1965, Pub. L. 89-57, title I, 79 Stat. 197.
Aug. 1, 1964, Pub. L. 88-392, title I, 78 Stat. 369.
June 13, 1963, Pub. L. 88-39, title I, 77 Stat. 59.
Aug. 6, 1962, Pub. L. 87-575, title I, 76 Stat. 311.
Aug. 21, 1961, Pub. L. 87-159, title I, 75 Stat. 395.
June 30, 1960, Pub. L. 86-561, title I, 74 Stat. 285.
June 11, 1959, Pub. L. 86-39, title I, 73 Stat. 67.
Mar. 28, 1958, Pub. L. 85-354, title I, 72 Stat. 63.
May 27, 1957, Pub. L. 85-37, title I, 71 Stat. 37.
Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.
June 1, 1955, ch. 113, title I, 69 Stat. 74.
May 28, 1954, ch. 242, title I, 68 Stat. 146.
June 18, 1953, ch. 132, title I, 67 Stat. 69.
Pub. L. 99-167, title VIII, 824, Dec. 3, 1985, 99 Stat. 992,
provided that:
''(a) Plan Requirement. -- (1) The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a plan which provides for the orderly transfer, not
later than July 1, 1990, of all Section 6 Schools to the appropriate
local school districts of the States in which such schools are located.
''(2) As used in paragraph (1), the term 'Section 6 Schools' means
schools of the Department of Defense established under section 6 of
Public Law 81-874 (20 U.S.C. 241).
''(b) Deadline for Submission of Plan. -- The plan required by
subsection (a) shall be submitted not later than March 1, 1986.''
Pub. L. 97-35, title V, 505(c)(2), (3), Aug. 13, 1981, 95 Stat.
443, provided that:
''(2) Funds appropriated to the Department of Defense shall be
available to the Secretary of Defense for payments and arrangements of
the kind that may be made by the Secretary of Education under section 6
of the Act of September 30, 1950 (Public Law 874, 81st Congress) (this
section).
''(3) The Secretary of Defense shall delegate to the Secretary of
Education responsibility for the conduct of programs with funds so
available.''
20 USC 241-1. Assistance for current school expenditures in cases of
certain disasters
TITLE 20 -- EDUCATION
(a) Eligibility requirements; terms; duration; maximum amount
In any case in which --
(1) the President determines with respect to any local educational
agency (including for the purpose of this section any other public
agency which operates schools providing technical, vocational, or other
special education to children of elementary or secondary school age)
that such agency is located in whole or in part within an area which
after August 30, 1965, and prior to October 1, 1993, has suffered a
major disaster as the result of any flood, drought, fire, hurricane,
earthquake, storm, or other catastrophe which, in the determination of
the President pursuant to sections 5122(2) and 5170 of title 42, is or
threatens to be of sufficient severity or magnitude to warrant disaster
assistance by the Federal Government; and
(2) the Governor of the State in which such agency is located has
certified the need for disaster assistance under this section, and has
given assurance of expenditure of a reasonable amount of the funds of
the government of such State, or of any political subdivision thereof,
for the same or similar purposes with respect to such catastrophe;
and if the Secretary determines with respect to such agency that --
(3) such agency is utilizing or will utilize all State and other
financial assistance available to it for the purpose of meeting the cost
of providing free public education for the children attending the
schools of such agency, but as a result of such disaster it is unable to
obtain sufficient funds for such purpose and requires an amount of
additional assistance equal to at least $10,000 or 5 per centum of such
agency's current operating expenditures during the fiscal year preceding
the one in which such disaster occurred, which ever is less, and
(4) in the case of any such major disaster to the extent that the
operation of private elementary and secondary schools in the school
attendance area of such local educational agency has been disrupted or
impaired by such disaster, such local educational agency has made
provisions for the conduct of educational programs under public auspices
and administration in which children enrolled in such private elementary
and secondary schools may attend and participate: Provided, That
nothing contained in this chapter shall be construed to authorize the
making of any payment under this chapter for religious worship or
instruction,
the Secretary may provide to such agency the additional assistance
necessary to provide free public education to the children attending the
schools of such agency, upon such terms and in such amounts (subject to
the provisions of this section) as the Secretary may consider to be in
the public interest. Such additional assistance may be provided for a
period not greater than a five-fiscal-year period beginning with the
fiscal year in which it is determined pursuant to clause (1) of this
subsection that such agency suffered a disaster. The amount so provided
for any fiscal year shall not exceed the amount which the Secretary
determines to be necessary to enable such agency, with the State, local,
and other Federal funds available to it for such purpose, to provide a
level of education equivalent to that maintained in the schools of such
agency prior to the occurrence of such disaster, taking into account the
additional costs reasonably necessary to carry out the provisions of
clause (4) of this subsection. The amount, if any, so provided for the
second, third, and fourth fiscal years following the fiscal year in
which it is so determined that such agency has suffered a disaster shall
not exceed 75 per centum, 50 per centum, and 25 per centum,
respectively, of the amount so provided for the first fiscal year
following such determination.
(b) Additional funds for replacing supplies and equipment, making
minor repairs, and leasing temporary facilities
In addition to and apart from the funds provided under subsection (a)
of this section, the Secretary is authorized to provide to such agency
an amount which he determines to be necessary to replace instructional
and maintenance supplies, equipment, and materials (including textbooks)
destroyed or seriously damaged as a result of such disaster, to make
minor repairs, and to lease or otherwise provide (other than by
acquisition of land or erection of facilities) school and cafeteria
facilities needed to replace temporarily such facilities which have been
made unavailable as a result of the disaster.
(c) Authorization of appropriations; expenditure of sums pending
appropriation
There is hereby authorized to be appropriated for each fiscal year
such amounts as may be necessary to carry out the provisions of this
section. Pending such appropriation, the Secretary is authorized to
expend (without regard for sections 1341(a) and 1515(b) of title 31)
from any funds appropriated to the Department of Education and at that
time available to the Secretary, such sums as may be necessary for
providing immediate assistance under this section. Expenditures
pursuant to the preceding sentence shall --
(1) be reported by the Secretary to the Committees on Appropriations
and Education and Labor of the House of Representatives and the
Committees on Appropriations and Labor and Human Resources of the Senate
within thirty days of the expenditure;
(2) be reimbursed from the appropriations authorized by the first
sentence of this subsection.
The report required to the Committees on Appropriations by clause (1)
in the preceding sentence shall constitute a budget estimate within the
meaning of section 1105(a)(5) of title 31.
(d) Applications; priority of approvals; prompt consideration for
applications
No payment may be made to any local educational agency under this
section except upon application therefor which is submitted through the
appropriate State educational agency and is filed with the Secretary in
accordance with the regulations prescribed by him. In determining the
order in which such applications shall be approved, the Secretary shall
consider the relative educational and financial needs of the local
educational agencies which have submitted approvable applications. The
Secretary shall complete action of approval or disapproval of an
application within 90 days of the filing of an application.
(e) Payments to local agencies; repayment of unexpended funds
Amounts paid by the Secretary to local educational agencies under
this section may be paid in advance or by way of reimbursement and in
such installments as the Secretary may determine. Any funds paid to a
local educational agency and not expended or otherwise used for the
purposes for which paid shall be repaid to the Treasury of the United
States.
(f) Availability of funds
Funds available for this section for any fiscal year shall also be
available for section 646 of this title.
(Sept. 30, 1950, ch. 1124, title I, 7, as added Nov. 1, 1965, Pub.
L. 89-313, 2, 79 Stat. 1159; amended Jan. 2, 1968, Pub. L. 90-247,
title II, 218, 81 Stat. 811; Oct. 21, 1968, Pub. L. 90-608, ch. IV,
402, 82 Stat. 1194; Apr. 13, 1970, Pub. L. 91-230, title II, 201(c),
84 Stat. 154; Dec. 31, 1970, Pub. L. 91-606, title III, 301(e), 84
Stat. 1759; 1973 Reorg. Plan No. I, 1, 3(a)(1), eff. July 1, 1973,
38 F.R. 9579, 87 Stat. 1089; Dec. 10, 1973, Ex. Ord. No. 11749, 2(2),
38 F.R. 34177; May 22, 1974, Pub. L. 93-288, title VI, 602(e), 88
Stat. 163; Aug. 21, 1974, Pub. L. 93-380, title III, 303(a)(3),
305(a)(3), 88 Stat. 522, 532; Apr. 21, 1976, Pub. L. 94-273, 3(5), 90
Stat. 376; Nov. 1, 1978, Pub. L. 95-561, title X, 1010(a), 92 Stat.
2310; July 20, 1979, Ex. Ord. No. 12148, 4-106, 44 F.R. 43239; Aug.
6, 1979, Pub. L. 96-46, 3(a), 93 Stat. 342; Oct. 17, 1979, Pub. L.
96-88, title III, 301(b)(2), title V, 507, 93 Stat. 679, 692; Oct.
19, 1984, Pub. L. 98-511, title III, 301(a)(1), 98 Stat. 2388; Apr.
28, 1988, Pub. L. 100-297, title II, 2011(a)(1), (b), 2012(a), 2017,
102 Stat. 294, 299; Nov. 23, 1988, Pub. L. 100-707, title I, 109(i),
102 Stat. 4709.)
In subsec. (c), ''sections 1341(a) and 1515(b) of title 31'' and
''section 1105(a)(5) of title 31'' substituted for ''subsections (a) and
(e) of section 3679 of the Revised Statutes (31 U.S.C. 665)'' and
''section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5))'',
respectively, on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
1988 -- Subsec. (a). Pub. L. 100-707, which directed the
substitution of ''5170'' for ''5141'' in subsec. (a)(1)(A) of this
section was executed by making the substitution in subsec. (a)(1) to
reflect the probable intent of Congress and the intervening amendment by
Pub. L. 100-297, 2017(a), below, which struck out the subpar. ''(A)''
designation in par. (1).
Pub. L. 100-297, 2017(a), struck out ''(A)'' after ''(1)'',
substituted ''Government; and'' for ''Government; or'', and struck out
subpar. (B), which authorized additional assistance in any case in
which the Secretary determines with respect to any such agency that
public elementary or secondary school facilities of such agency have
been destroyed or seriously damaged prior to October 1, 1993, as a
result of flood, hurricane, earthquake, storm, fire, or other
catastrophe, except any such catastrophe caused by negligence or
malicious action.
Pub. L. 100-297, 2012(a), in par. (1) substituted ''October 1,
1993'' for ''October 1, 1988'' in subpars. (A) and (B).
Pub. L. 100-297, 2011(a), substituted ''Secretary'' for
''Commissioner'' wherever appearing.
Subsec. (a)(3). Pub. L. 100-297, 2017(b), substituted ''$10,000 or 5
per centum'' for ''$1,000 or one-half of 1 per centum''.
Subsec. (b). Pub. L. 100-297, 2011(a)(1), substituted ''Secretary''
for ''Commissioner''.
Subsec. (c). Pub. L. 100-297, 2011(a)(1), substituted ''Secretary''
for ''Commissioner'' in introductory provisions and in par. (1).
Subsec. (c)(1). Pub. L. 100-297, 2011(b)(1), substituted ''Labor and
Human Resources'' for ''Labor and Public Welfare''.
Subsec. (d). Pub. L. 100-297, 2011(a), substituted ''Secretary'' for
''Commissioner'' wherever appearing.
Pub. L. 100-297, 2011(b)(2), substituted provision that the
Secretary complete action of approval or disapproval of an application
within 90 days of filing for provision that in any case in which the
Secretary did not complete, within sixty days, all action leading to
approval or disapproval of an application, the Secretary assume
responsibility for such approval or disapproval and complete such action
within ninety days of filing such application.
Subsec. (e). Pub. L. 100-297, 2011(a), substituted ''Secretary'' for
''Commissioner'' in two places.
Subsec. (f). Pub. L. 100-297, 2017(c), added subsec. (f).
1984 -- Subsec. (a)(1). Pub. L. 98-511 substituted ''October 1,
1988'' for ''October 1, 1983'' wherever appearing.
1979 -- Subsec. (a)(1). Pub. L. 96-46 substituted ''October 1,
1983'' for ''October 1, 1978'' wherever appearing.
1978 -- Subsec. (d). Pub. L. 95-561 inserted provisions for prompt
consideration of applications.
1976 -- Subsec. (a)(1). Pub. L. 94-273 substituted ''October'' for
''July'' wherever appearing.
1974 -- Subsec. (a)(1). Pub. L. 93-380, 303(a)(3), substituted in
subsec. (a)(1)(A) ''1978'' for ''1973'' and inserted in subsec.
(a)(1)(B) ''prior to July 1, 1978'' after ''seriously damaged''.
Subsec. (a)(1)(A). Pub. L. 93-288 substituted ''sections 5122(2) and
5141 of title 42'' for ''section 4402(1) of title 42''.
Subsec. (c). Pub. L. 93-380, 305(a)(3), substituted provisions
respecting expenditure of sums pending appropriation for prior provision
which read as follows: ''Pending such appropriation, the Commissioner
may expend (without regard to subsections (a) and (e) of section 665 of
title 31) from any funds heretofore or hereafter appropriated for
expenditure in accordance with other sections of this chapter, such sums
as may be necessary for immediately providing assistance under this
section, such appropriations to be reimbursed from the appropriations
authorized by this subsection when made.''
1970 -- Subsec. (a)(1)(A). Pub. L. 91-606 substituted ''section
4402(1) of title 42'' for ''section 1855a(a) of title 42''.
Pub. L. 91-230 substituted ''1973'' for ''1970''.
1968 -- Subsec. (a). Pub. L. 90-247 revised subsec. (a) generally
and, among other changes, inserted alternative requirements of cl.
(1)(B) in order to authorize assistance to schools which have been
damaged or destroyed as a result of flood, hurricane, earthquake, storm,
fire, or other catastrophe, except any such catastrophe caused by
negligence or malicious action, even if the area in which the school is
located has not been designated as a major disaster area by the
President as provided in cl. (1)(A).
Subsec. (b). Pub. L. 90-247 struck out ''major'' before ''disaster''
in two places and inserted ''to make minor repairs,'' before ''and to
lease or otherwise provide''.
Subsecs. (c) to (e). Pub. L. 90-247 reenacted subsecs. (c) to (e)
without change.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section
711(a) of Pub. L. 98-511, set out as a note under section 237 of this
title.
Amendment by Pub. L. 96-46 effective Oct. 1, 1978, see section 8 of
Pub. L. 96-46, set out as a note under section 240 of this title.
Amendment by Pub. L. 95-561 effective with respect to 1979 fiscal
year and subsequent fiscal years, see section 1032 of Pub. L. 95-561,
set out as a note under section 237 of this title.
Amendment by section 303(a)(3) of Pub. L. 93-380 effective on and
after July 1, 1973, see section 303(b) of Pub. L. 93-380, set out as a
note under section 237 of this title.
Amendment by section 305(a)(3) of Pub. L. 93-380 effective Aug. 21,
1974, see section 305(b)(1), formerly 305(a)(3), of Pub. L. 93-380,
set out in part as a note under section 238 of this title.
Amendment by Pub. L. 93-288 effective Apr. 1, 1974, see section 605
of Pub. L. 93-288, set out as an Effective Date note under section 5121
of Title 42, The Public Health and Welfare.
Amendment by Pub. L. 91-606 effective Dec. 31, 1970, see note set
out under section 165 of Title 26, Internal Revenue Code.
''Department of Education'' substituted for ''Office of Education''
in subsec. (c), pursuant to sections 301(b)(2) and 507 of Pub. L.
96-88, which are classified to sections 3441(b)(2) and 3507 of this
title and which transferred the Office of Education to the Department of
Education.
''President'' substituted for ''Director of the Office of Emergency
Preparedness'' in subsec. (a), pursuant to section 1 of Reorganization
Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089,
set out in the Appendix to Title 5, Government Organization and
Employees.
Previously, functions of Director of Office of Emergency Preparedness
under this section, transferred to President by Reorg. Plan No. 1 of
1973, had been transferred to Secretary of Housing and Urban Development
by Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which superseded
Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, which had provided
for a similar transfer to Secretary of Housing and Urban Development.
Both of these Executive Orders were subsequently revoked, see Delegation
of Functions note below.
Office of Emergency Preparedness (formerly Office of Emergency
Planning), including offices of Director, Deputy Director, Assistant
Directors, and Regional Directors, abolished and functions vested by law
in Office of Emergency Preparedness or Director of Office of Emergency
Preparedness transferred to President of United States by sections 1 and
3(a)(1) of Reorg. Plan No. 1 of 1973, effective July 1, 1973, set out
in the Appendix to Title 5.
Functions of President under this section delegated to Director of
Federal Emergency Management Agency, by section 4-106 of Ex. Ord. No.
12148, July 20, 1979, 44 F.R. 43239, set out as a note under section
2251 of the Appendix to Title 50, War and National Defense. Sections
5-112, and 5-113 of Ex. Ord. No. 12148, revoked Ex. Ord. Nos. 11725
and 11749, respectively, which had previously transferred the
President's functions under this section to the Secretary of Housing and
Urban Development. See Transfer of Functions note above.
Pub. L. 98-396, title I, Aug. 22, 1984, 98 Stat. 1393, provided in
part: ''That no payments shall be made under section 7 of said Act (act
Sept. 30, 1950, as amended (20 U.S.C. 241-1)) to any local educational
agency whose need for assistance under that section fails to exceed the
lesser of $10,000 or 5 per centum of the district's current operating
expenditures during the fiscal year preceding the one in which the
disaster occurred.''
20 USC SUBCHAPTER II -- ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE
EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES
TITLE 20 -- EDUCATION
20 USC 241a. Repealed. Pub. L. 95-561, title I, 101(c), Nov. 1,
1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section, act Sept. 30, 1950, ch. 1124, title II, 101, formerly
201, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79 Stat. 27,
renumbered and amended Jan. 2, 1968, Pub. L. 90-247, title I,
108(a)(2), 110, 81 Stat. 786, 787; Apr. 13, 1970, Pub. L. 91-230,
title I, 113(b)(2), 84 Stat. 126, set out the Congressional
declaration of policy with regard to the program of assistance to local
educational agencies for the education of children of low-income
families. See section 2701 of this title.
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
Act Sept. 30, 1950, ch. 1124, title II, 152, formerly 214, as
added by Pub. L. 89-750, title I, 116, Nov. 3, 1966, 80 Stat. 1198,
renumbered 236 and further renumbered 136 by Pub. L. 90-247, title I,
108(a)(4), 110, Jan. 2, 1968, 81 Stat. 786, 787; renumbered 150 by
Pub. L. 91-230, title I, 113(b)(4), Apr. 13, 1970, 84 Stat. 126;
renumbered 152 by Pub. L. 93-380, title I, 101(a)(8), Aug. 21, 1974,
88 Stat. 499, which provided that this subchapter be cited as ''Title I
of the Elementary and Secondary Education Act of 1965'' was repealed by
Pub. L. 95-561, title I, 101(c), Nov. 1, 1978, 92 Stat. 2200. See
section 2701 et seq. of this title.
Report to Congress; Reimbursement to State Agencies;
Authorization of Appropriations
Pub. L. 93-380, title VIII, 825, Aug. 21, 1974, 88 Stat. 602, as
amended by Pub. L. 94-482, title IV, 409(d), title V, 501(a)(17),
Oct. 12, 1976, 90 Stat. 2233, 2236, directed the Secretary of Health,
Education, and Welfare to study during the period Aug. 21, 1974 to Aug.
31, 1977, various aspects of the frequency and seriousness of crime in
elementary and secondary schools and report to Congress not later than
Aug. 31, 1977.
Report to Congress; ''School'' Defined;
Authorization of Appropriations
Pub. L. 93-380, title VIII, 826, Aug. 21, 1974, 88 Stat. 603, as
amended by Pub. L. 94-482, title V, 501(a)(18), (19), Oct. 12, 1976,
90 Stat. 2236, directed the Secretary of Health, Education, and Welfare
to make a study, from a representative sample of schools, to determine
the number of athletic injuries and deaths of male and female students
occurring, in athletic competition between schools, in any practice
session, or in any other school-related athletic activities for the 12
month period beginning July 1, 1975, and to compare the number of
injuries and deaths at schools with an athletic trainer or other medical
or health professional personnel and schools without such personnel,
authorized the Secretary to request records and data from schools,
defined ''school'' as secondary schools or institutes of higher
education as defined in former section 881 (now 3381) of this title,
authorized $75,000 to carry out this study, and directed that not later
than 18 months after July 1, 1976, the Secretary submit a report to
Congress on results of this study, accompanied with his recommendation.
Pub. L. 92-318, title IV, 411(c)(2), June 23, 1972, 86 Stat. 339,
directed Commissioner to exercise his authority under section 1231d of
this title to encourage local parental participation with respect to
financial assistance under this subchapter, based upon children who
reside on, or reside with a parent employed on Indian lands and defined
Indian land as property within the definition of Federal property
contained in section 244(1) of this title.
considerations
Pub. L. 93-380, title VIII, 823, Aug. 21, 1974, 88 Stat. 601, as
amended by Pub. L. 94-482, title V, 501(a)(15), Oct. 12, 1976, 90
Stat. 2236, directed Assistant Secretary to supervise a study of manner
in which the relative measure of poverty for use in financial assistance
program authorized by title I of the Elementary and Secondary Education
Act of 1965 could be more accurately and currently developed, specified
adjustments for area differences, provided that the availability of
certain data be considered, and directed that a report with
recommendations and explanations with respect to the availability of
data be submitted to Congress no later than Dec. 31, 1975.
Pub. L. 93-380, title VIII, 824, Aug. 21, 1974, 88 Stat. 602, as
amended by Pub. L. 94-482, title V, 501(a)(16), Oct. 12, 1976, 90
Stat. 2236, directed Commissioner to investigate and study adverse
effect of late funding of Federal programs to assist elementary and
secondary education as it relates to planning of education programs and
to quality and achievement of program objectives and to study means to
overcome the problem and also directed that a report with
recommendations be submitted to Congress no later than Jan. 31, 1976.
Section 102 of Pub. L. 91-230 directed Commissioner of Education to
study allocation of appropriations for purposes of Title I of the
Elementary and Secondary Education Act of 1965 (this subchapter) and
effectiveness of such title in making funds available for the purposes
of such title with special reference to distribution of funds to local
educational agencies within counties, to study means to concentrate such
funds in highly concentrated low income family areas, to study
appropriateness of Federal percentage and low income factor in section
103(c) of such Title I (former subsec. (c) of section 241c of this
title), and to study use of special incentive grants, directed
submission to Congress of a report no later than Mar. 31, 1972, with
recommendations as to modification of programs under Title I, and
prohibited Commissioner from using data from 1970 U.S. census prior to
July 1, 1972, for purposes of section 103 of such Title I (section 241c
of this title).
Section 111 of Pub. L. 90-247 provided for a study of the burden
imposed on a local educational agency by the presence of low-rent public
housing within the boundaries of its school district and called for
submission of a report on the study on or before May 15, 1968.
Section 113 of Pub. L. 90-247 directed Commissioner of Education and
Secretary of Commerce, acting together, to prepare and submit to Senate
and House of Representatives, on or before May 1, 1968, a report setting
forth a method of determining information necessary to establish
entitlements within each of several States under title I of the
Elementary and Secondary Education Act of 1965 (this subchapter) on the
basis of data later than 1960.
20 USC 241b. Repealed. Pub. L. 95-561, title I, 101(c), Nov. 1,
1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section, act Sept. 30, 1950, ch. 1124, title II, 102, formerly
202, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79 Stat. 27,
amended Nov. 3, 1966, Pub. L. 89-750, title I, 101, 80 Stat. 1191,
and renumbered and amended Jan. 2, 1968, Pub. L. 90-247, title I,
108(a)(2), 110, title III, 301(a), 81 Stat. 786, 787, 813; Apr. 13,
1970, Pub. L. 91-230, title I, 101(a), 113(b)(3), 84 Stat. 121, 126;
Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(1), 88 Stat. 488;
Apr. 21, 1976, Pub. L. 94-273, 2(12), 90 Stat. 375; Sept. 24, 1977,
Pub. L. 95-112, 2(a)(1), 91 Stat. 911, set out the duration of the
period during which the Commissioner could make payments for grants made
on the basis of entitlements under this subchapter. See section 2702 of
this title.
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
20 USC 241b-1. Transferred
TITLE 20 -- EDUCATION
Section, Pub. L. 93-380, title I, 101(a)(10), Aug. 21, 1974, 88
Stat. 501, which authorized appropriations for assistance to local
educational agencies whose total basic grants allotment was 90 percent
or less than the allotment during the preceding year, was transferred to
section 2713 of this title.
20 USC Part A -- Basic Grants
TITLE 20 -- EDUCATION
20 USC subpart 1 -- grants to local educational agencies
TITLE 20 -- EDUCATION
20 USC 241c. Repealed. Pub. L. 95-561, title I, 101(c), Nov. 1,
1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section, act Sept. 30, 1950, ch. 1124, title II, 103, formerly
203, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79 Stat. 28,
amended July 21, 1965, Pub. L. 89-77, 3, 79 Stat. 243; Nov. 1, 1965,
Pub. L. 89-313, 6(a), 79 Stat. 1161; Nov. 3, 1966, Pub. L. 89-750,
title I, 102, 103(a), 104, 105(a), (b)(1), (2), (c), 106, 107,
108(b)(1), 113(b), 117(a)(2), (3), 80 Stat. 1191-1195, 1197, 1198, and
renumbered and amended Jan. 2, 1968, Pub. L. 90-247, title I, 101,
103(a), 104(a), (b), 105, 107(a), 108(a)(2), 110, 81 Stat. 783-787;
Oct. 16, 1968, Pub. L. 90-576, title III, 307, 82 Stat. 1097; Apr.
13, 1970, Pub. L. 91-230, title I, 101(b), 103, 104(a), 105(a), (b),
106, 107, 113(a), 84 Stat. 121-124, 126; June 23, 1972, Pub. L.
92-318, title IV, 411(b)(1), (2), title V, 508, 86 Stat. 338, 352;
Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(2)(A)(i)(II), (ii),
(B)-(D), 88 Stat. 488, 490, 491; Apr. 21, 1976, Pub. L. 94-273,
49(a)-(c), 90 Stat. 382, authorized grants to local educational
agencies. See section 2711 of this title.
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
Section 822 of Pub. L. 93-380, as amended by Pub. L. 94-482, title
V, 501(a)(14), Oct. 12, 1976, 90 Stat. 2235, directed Secretary of
Commerce, in consultation with Secretary of Health, Education, and
Welfare to expand the current population survey in order to furnish
current data for each State with respect to the total number of
school-age children in each State to be counted for the purposes of this
section and to report the results of this survey to Congress, not later
than Dec. 31, 1976, and directed the Secretary of Commerce and the
Secretary of Health, Education, and Welfare to study the feasibility of
updating the number of counted children for purposes of this section in
school districts of local educational agencies in order to make
adjustments in the amounts of grants for which educational agencies were
entitled under this section and to report the results of this study,
accompanied by recommendations, to Congress not later than 6 months
after the completion of the survey.
Pub. L. 91-230, title I, 102(b), Apr. 13, 1970, 84 Stat. 122,
provided in part that notwithstanding the provision of section 241c
requiring the Commissioner, in determining the number of children from
families below the poverty level, to utilize the criteria of poverty
used by the Bureau of the Census in compiling the 1970 decennial census,
the Commissioner was not to use data from the 1970 census of the United
States prior to July 1, 1972.
Agencies and Commonwealth Operated Program
Pub. L. 93-380, title VIII, 843(d), Aug. 21, 1974, 88 Stat. 611,
as amended by Pub. L. 94-273, 48(a), Apr. 21, 1974, 90 Stat. 382,
provided that notwithstanding section 241 et seq. of this title, the
amount which the Commonwealth of Puerto Rico was eligible to receive
under this section or sections 241c-1, 241c-2, or 241c-3 of this title
for the fiscal year ending June 30, 1975 was not to exceed 50 percent of
the full amount the Commonwealth of Puerto Rico was to receive, after
required ratable reductions, but for this provision and for the fiscal
years ending June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, an
amount not to exceed 75 percent of the full amount the Commonwealth of
Puerto Rico was to receive, after required ratable reductions, under
this section and sections 241c-1, 241c-2, or 241c-3 of this title, but
for this provision.
20 USC subpart 2 -- state operated programs
TITLE 20 -- EDUCATION
20 USC 241c-1 to 241c-5. Repealed. Pub. L. 95-561, title I, 101(c),
Nov. 1, 1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section 241c-1, act Sept. 30, 1950, ch. 1124, title II, 121, as
added Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(2)(E), 88 Stat.
491, provided for programs for handicapped children. See section 2771
of this title.
Another section 121 of act Sept. 30, 1950, as added by Pub. L.
91-230, title I, 113(b)(6), Apr. 13, 1970, 84 Stat. 126, and
renumbered section ''126'' by Pub. L. 93-380, was classified to section
241d of this title.
Section 241c-2, act Sept. 30, 1950, title II, 122, as added Aug.
21, 1974, Pub. L. 93-380, title I, 101(a)(2)(E), 88 Stat. 492,
provided for programs for migratory children. See section 2761 of this
title.
Another section 122 of act Sept. 30, 1950, as added by Pub. L.
91-230, title I, 113(b)(6), Apr. 13, 1970, 84 Stat. 126, and
renumbered section ''127'' by Pub. L. 93-380, was classified to section
241d-1 of this title.
Section 241c-3, act Sept. 30, 1950, ch. 1124, title II, 123, as
added Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(2)(E), 88 Stat.
494, provided for programs for neglected or delinquent children. See
section 2781 of this title.
Another section 123 of act Sept. 30, 1950, as added by Pub. L.
91-230, title I, 113(b)(6), Apr. 13, 1970, 84 Stat. 127, and
renumbered section ''128'' by Pub. L. 93-380, was classified to section
241d-2 of this title.
Section 241c-4, act Sept. 30, 1950, ch. 1124, title II, 124, as
added Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(2)(E), 88 Stat.
494, provided for the reservation of funds for territories. See section
2791 of this title.
Section 241c-5, act Sept. 30, 1950, ch. 1124, title II, 125, as
added Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(2)(E), 88 Stat.
495, and amended Apr. 21, 1976, Pub. L. 94-273, 3(8), 90 Stat. 376;
Oct. 12, 1976, Pub. L. 94-482, title V, 501(b)(1)(A), (o), 90 Stat.
2236, 2238; Sept. 24, 1977, Pub. L. 95-112, 2(a)(1), 91 Stat. 911,
related to minimum payments for State operated programs. See section
2792 of this title.
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
20 USC Part B -- Special Incentive Grants
TITLE 20 -- EDUCATION
20 USC 241d. Repealed. Pub. L. 95-561, title I, 101(c), Nov. 1,
1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section 241d, act Sept. 30, 1950, ch. 1124, title II, 126,
formerly 121, as added Apr. 13, 1970, Pub. L. 91-230, title I,
113(b)(6), 84 Stat. 126, renumbered Aug. 21, 1974, Pub. L. 93-380,
title I, 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L.
94-482, title V, 501(b)(1)(B), 90 Stat. 2236, related to maximum
entitlement for special incentive grants. See section 2721 of this
title.
A prior section 241d, act Sept. 30, 1950, ch. 1124, title I, 104,
formerly 204, as added by Pub. L. 89-10, title I, 2, Apr. 11, 1965,
79 Stat. 30, and renumbered by Pub. L. 90-247, title I, 110, Jan. 2,
1968, 81 Stat. 787, making provision for special incentive grants to
local educational agencies, was repealed by Pub. L. 89-750, title I,
108(a), Nov. 3, 1966, 80 Stat. 1195. Such repeal, pursuant to section
191 of Pub. L. 89-750, was effective with respect to fiscal years
beginning after June 30, 1966.
Provisions (for amount and distribution of special incentive grants)
similar to those comprising this section, as added by Pub. L. 91-230,
were contained in act Sept. 30, 1950, ch. 1124, title I, 121(a),
formerly title II, 221(a), as added and renumbered Jan. 2, 1968, Pub.
L. 90-247, title I, 108(a)(5), 110, 81 Stat. 786, 787 (classified to
section 241h-1(a) of this title), prior to repeal thereof by Pub. L.
91-230, 113(b)(6).
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
Act Sept. 30, 1950, ch. 1124, title I, 121(d), formerly 221(d),
as added and renumbered Jan. 2, 1968, Pub. L. 90-247, title I,
108(a)(5), 110, 81 Stat. 786, 787, and amended Jan. 13, 1970, Pub. L.
91-230, title I, 101(c), 84 Stat. 121, which provided that: ''For the
purpose of making grants under this part (section 241h-1(a) to (c) of
this title, subsequently covered in sections 241d, 241d-1, and 241d-2 of
this title) there are authorized to be appropriated not in excess of
$50,000,000 for the fiscal year ending June 30, 1969, and each of the
succeeding fiscal years ending prior to July 1, 1973.'', was repealed by
Pub. L. 91-230, 113(b)(6).
20 USC 241d-1, 241d-2. Repealed. Pub. L. 95-561, title I, 101(c),
Nov. 1, 1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section 241d-1, act Sept. 30, 1950, ch. 1124, title II, 127,
formerly 122, as added Apr. 13, 1970, Pub. L. 91-230, title I,
113(b)(6), 84 Stat. 126, renumbered Aug. 21, 1974, Pub. L. 93-380,
title I, 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L.
94-482, title V, 501(a)(1), 90 Stat. 2235, related to application made
for special incentive grants by States. See section 2802 of this title.
Provisions (for application and information therein) similar to those
comprising part of this section were contained in act Sept. 30, 1950,
ch. 1124, title I, 121(b), formerly title II, 221(b), as added and
renumbered Jan. 2, 1968, Pub. L. 90-247, title I, 108(a)(5), 110, 81
Stat. 786, 787 (formerly classified to former section 241h-1(b) of this
title), prior to repeal thereof by Pub. L. 91-230, 113(b)(6).
Section 241d-2, act Sept. 30, 1950, ch. 1124, title II, 128,
formerly 123, as added Apr. 13, 1970, Pub. L. 91-230, title I,
113(b)(6), 84 Stat. 127, renumbered Aug. 21, 1974, Pub. L. 93-380,
title I, 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L.
94-482, title V, 501(a)(1), 90 Stat. 2235, defined ''effort index''.
Provisions (defining ''State effort index'' and ''national effort
index'') similar to those comprising this section were contained in act
Sept. 30, 1950, ch. 1124, title I, 121(c), formerly title II,
221(c), as added and renumbered Jan. 2, 1968, Pub. L. 90-247, title I,
108(a)(5), 110, 81 Stat. 786, 787 (formerly classified to former
section 241h-1(c) of this title), prior to repeal thereof by Pub. L.
91-230, 113(b)(6).
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
20 USC Part C -- Special Grants
TITLE 20 -- EDUCATION
20 USC 241d-11. Repealed. Pub. L. 95-561, title I, 101(c), Nov. 1,
1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section, act Sept. 30, 1950, ch. 1124, title II, 131, as added
Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(4)(A), 88 Stat. 495,
related to eligibility for and maximum amount of special grants. See
section 2722 of this title.
A prior section 241d-11, act Sept. 30, 1950, ch. 1124, title II,
131, as added Apr. 13, 1970, Pub. L. 91-230, title I, 113(b)(6), 84
Stat. 127, which also related to eligibility and maximum amount of
special grants for urban and rural schools serving areas with the
highest concentrations of children from low-income families, was
repealed by Pub. L. 93-380, title I, 101(a)(4)(B), Aug. 21, 1974, 88
Stat. 496, effective July 1, 1975.
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
20 USC 241d-12. Repealed. Pub. L. 93-380, title I, 101(a)(4)(B), Aug.
21, 1974, 88 Stat. 496
TITLE 20 -- EDUCATION
Section, act Sept. 30, 1950, ch. 1124, title II, 132, as added
Apr. 13, 1970, Pub. L. 91-230, title I, 113(b)(6), 84 Stat. 128,
related to uses of funds for such special grants.
Repeal effective July 1, 1975, pursuant to Pub. L. 93-380,
101(a)(4)(B).
20 USC Part D -- General Provisions
TITLE 20 -- EDUCATION
20 USC 241e. Repealed. Pub. L. 95-561, title I, 101(c), Nov. 1,
1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section 241e, act Sept. 30, 1950, ch. 1124, title II, 141,
formerly 205, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79
Stat. 30, amended Nov. 3, 1966, Pub. L. 89-750, title I, 103(b),
108(b)(1), (2), 110, 111(a)-(e), 80 Stat. 1192, 1195, 1196, renumbered
title I, 105 and amended Jan. 2, 1968, Pub. L. 90-247, title I,
103(b), 106, 108(a)(2), 109, 110, 81 Stat. 783, 784, 786, 787,
renumbered 141 and amended Apr. 13, 1970, Pub. L. 91-230, title I,
108, 109(a), 110, 111(b), 113(b)(3), (4), (7), 84 Stat. 124-126, 128;
June 23, 1972, Pub. L. 92-318, title V, 507(a), (b), 86 Stat. 352;
Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(5), (9)(A), (B), 88
Stat. 496, 500; Oct. 12, 1976, Pub. L. 94-482, title V,
501(b)(1)(C), (D), 90 Stat. 2236, related to applications for grants by
local agencies. See section 2731 of this title.
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
Educational Effects of Subchapter II; Report
Section 507(c) of Pub. L. 92-318 directed the Commissioner to study
the effect of the operation of title I of the Elementary and Secondary
Education Act of 1965 (this subchapter) on the education of children of
migratory agricultural workers, to evaluate programs assisted under
title I for such children, to assess the effectiveness of such programs,
to review the administration by the States of such programs, and to
submit no later than Dec. 31, 1973, a report on the study with
recommendations for improvements.
20 USC 241e-1 to 241h. Repealed. Pub. L. 95-561, title I, 101(c),
Nov. 1, 1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section 241e-1, act Sept. 30, 1950, ch. 1124, title II, 141A, as
added Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(6), 88 Stat.
497, related to participation of children enrolled in private schools.
See section 2740 of this title.
Section 241f, act Sept. 30, 1950, ch. 1124, title II, 142,
formerly 206, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79
Stat. 31, amended Nov. 1, 1965, Pub. L. 89-313, 6(b), 79 Stat.
1162; Nov. 3, 1966, Pub. L. 89-750, title I, 103(c)(1), 80 Stat.
1193, renumbered 106, and amended Jan. 2, 1968, Pub. L. 90-247, title
I, 103(c), 108(a)(2), 110, 81 Stat. 783, 786, 787, and renumbered
142 and amended Apr. 13, 1970, Pub. L. 91-230, title I, 111(a),
113(b)(3), (4), 84 Stat. 125, 126; Aug. 21, 1974, Pub. L. 93-380,
title I, 101(a)(9)(D), (E), 88 Stat. 500, related to assurances
required from States desiring to participate. See section 2734 of this
title.
Section 241g, act Sept. 30, 1950, ch. 1124, title II, 143,
formerly 207, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79
Stat. 32, amended Nov. 1, 1965, Pub. L. 89-313, 7(a), 79 Stat.
1162; Nov. 3, 1966, Pub. L. 89-750, title I, 103(c)(2), 108(b)(3),
112, 113(a), 80 Stat. 1193, 1195, 1197, renumbered 107 and amended
Jan. 2, 1968, Pub. L. 90-247, title I, 102, 103(c), 108(a)(2), 110,
81 Stat. 783, 786, 787 and renumbered 143 and amended Apr. 13, 1970,
Pub. L. 91-230, title I, 113(b)(3), (4), (8), 114, 84 Stat. 126,
129, 130; Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(9)(C), (F),
(G), title VIII, 843(a)(1), 88 Stat. 500, 611; Oct. 12, 1976, Pub.
L. 94-482, title III, 323(a)(1), 90 Stat. 2217, related to payment of
funds. See section 2841 of this title.
Section 241h, act Sept. 30, 1950, ch. 1124, title II, 144,
formerly 208, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79
Stat. 33, amended Nov. 3, 1966, Pub. L. 89-750, title I, 114, 80
Stat. 1197, renumbered 108 and amended Jan. 2, 1968, Pub. L.
90-247, title I, 107(b), 110, 81 Stat. 785, 787, renumbered 144 and
amended Apr. 13, 1970, Pub. L. 91-230, title I, 113(b)(3), (4), (c),
(d), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93-380, title I,
101(a)(7), (9)(H), 88 Stat. 498, 500, related to adjustments
necessitated by appropriations. See section 2843 of this title.
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
20 USC 241h-1, 241i. Repealed. Pub. L. 91-230, title I, 113(b)(6),
title IV, 401(g)(1), Apr. 13, 1970, 84 Stat. 126, 174
TITLE 20 -- EDUCATION
Section 241h-1, act Sept. 30, 1950, ch. 1124, title II, 121,
formerly 221, as added and renumbered Jan. 2, 1968, Pub. L. 90-247,
108(a)(5), 110, 81 Stat. 786, 787, and amended Apr. 13, 1970, Pub. L.
91-230, title I, 101(c), 84 Stat. 121, related to special incentive
grants and provided in: subsec. (a) for amount and distribution of such
grants; subsec. (b) for application for grant and disapproval only
after notice and opportunity for hearing; subsec. (c) definitions of
''State effort index'' and ''national effort index''; and subsec. (d)
authorization of appropriations of $50,000,000 for fiscal year ending
June 30, 1969, and for each of the succeeding fiscal years ending prior
to July 1, 1973.
Section 241i, act Sept. 30, 1950, ch. 1124, title II, 145,
formerly 209, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79
Stat. 33, renumbered 231 and further renumbered 131, Jan. 2, 1968,
Pub. L. 90-247, title I, 108(a)(4), 110, 81 Stat. 786, 787, and
renumbered 145, Apr. 13, 1970, Pub. L. 91-230, title I, 113(b)(4),
84 Stat. 126, related to labor standards requirements (prevailing wage
rates). See section 1232b of this title.
20 USC 241j to 241o. Repealed. Pub. L. 95-561, title I, 101(c), Nov.
1, 1978, 92 Stat. 2200
TITLE 20 -- EDUCATION
Section 241j, act Sept. 30, 1950, ch. 1124, title II, 146,
formerly 210, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79
Stat. 33, amended Nov. 3, 1966, Pub. L. 89-750, title I, 103(c)(3),
80 Stat. 1193, renumbered 232, amended and further renumbered 132,
Jan. 2, 1968, Pub. L. 90-247, title I, 108(a)(4), (b), 110, 81 Stat.
786, 787, and renumbered 146, and amended Apr. 13, 1970, Pub. L.
91-230, title I, 113(b)(4), (9), 84 Stat. 126, 129; Aug. 21, 1974,
Pub. L. 93-380, title I, 101(a)(9)(I), 88 Stat. 501, related to
withholding of funds for noncompliance with assurances. See section
2836 of this title.
Section 241k, act Sept. 30, 1950, ch. 1124, title II, 147,
formerly 211, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79
Stat. 33, amended Nov. 3, 1966, Pub. L. 89-750, title I, 103(c)(4),
80 Stat. 1193, renumbered 233, amended and further renumbered 133,
Jan. 2, 1968, Pub. L. 90-247, title I, 108(a)(4), (b), 110, 81 Stat.
786, 787, renumbered 147, and amended Apr. 13, 1970, Pub. L. 91-230,
title I, 113(b)(4), (10), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L.
93-380, title I, 101(a)(9)(J), 88 Stat. 501, related to judicial
review. See section 2851 of this title.
Section 241l, act Sept. 30, 1950, ch. 1124, title II, 148,
formerly 212, as added Apr. 11, 1965, Pub. L. 89-10, title I, 2, 79
Stat. 34, amended Nov. 3, 1966, Pub. L. 89-750, title I, 115, 80
Stat. 1197, renumbered 234, amended and further renumbered 134, Jan.
2, 1968, Pub. L. 90-247, title I, 108(a)(4), 110, 114, 81 Stat.
786-788, and renumbered 148, and amended Apr. 13, 1970, Pub. L.
91-230, title I, 112, 113(b)(4), 84 Stat. 125, 126; Aug. 21, 1974,
Pub. L. 93-380, title VIII, 845(a), 88 Stat. 612; Apr. 21, 1976,
Pub. L. 94-273, 3(8), 90 Stat. 376; Sept. 24, 1977, Pub. L.
95-112, 2(a)(3), 91 Stat. 911, created National Advisory Council on
the Education of Disadvantaged Children. See section 2852 of this
title.
Section 241m, act Sept. 30, 1950, ch. 1124, title II, 149,
formerly 213, as added Nov. 3, 1966, Pub. L. 89-750, title I, 109,
80 Stat. 1195, renumbered 235, and further renumbered 135, Jan. 2,
1968, Pub. L. 90-247, title I, 108(a)(4), 110, 81 Stat. 786, 787,
and renumbered 149, Apr. 13, 1970, Pub. L. 91-230, title I,
113(b)(4), 84 Stat. 126, related to treatment of earnings for purposes
of aid to families with dependent children. See section 2712 of this
title.
Section 241n, act Sept. 30, 1950, ch. 1124, title II, 150, as
added Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(8), 88 Stat.
499, related to allocation of funds within school districts of local
educational agencies. See section 2736 of this title.
Section 241o, act Sept. 30, 1950, ch. 1124, title II, 151, as
added Aug. 21, 1974, Pub. L. 93-380, title I, 101(a)(8), 88 Stat.
499; amended Apr. 21, 1976, Pub. L. 94-273, 3(8), 90 Stat. 376;
Oct. 12, 1976, Pub. L. 94-482, title V, 501(b)(1)(E), (p), 90 Stat.
2236, 2238, related to system of program evaluation. See section 2833
of this title.
Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
20 USC SUBCHAPTER III -- FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL
AGENCIES FOR EDUCATION OF INDIAN CHILDREN
TITLE 20 -- EDUCATION
20 USC 241aa, 241bb. Repealed. Pub. L. 100-297, title V, 5352(1),
Apr. 28, 1988, 102 Stat. 414
TITLE 20 -- EDUCATION
Section 241aa, act Sept. 30, 1950, ch. 1124, title III, 302, as
added June 23, 1972, Pub. L. 92-318, title IV, 411(a), 86 Stat. 335;
amended Nov. 1, 1978, Pub. L. 95-561, title XI, 1142(a), 92 Stat.
2329; Oct. 19, 1984, Pub. L. 98-511, title V, 513(a)(8), 98 Stat.
2400, related to Congressional declaration of policy.
Section 241bb, act Sept. 30, 1950, ch. 1124, title III, 303, as
added June 23, 1972, Pub. L. 92-318, title IV, 411(a), 86 Stat. 335;
amended Aug. 21, 1974, Pub. L. 93-380, title VI, 631(b), 632(b), 88
Stat. 585, 586; Apr. 21, 1976, Pub. L. 94-273, 3(5), 90 Stat. 376;
Nov. 1, 1978, Pub. L. 95-561, title XI, 1141(b), 1143, 92 Stat.
2328, 2329; Oct. 19, 1984, Pub. L. 98-511, title V, 513(a)(1)-(3),
(8), 98 Stat. 2399, 2400, related to grants to local educational
agencies.
Repeal effective July 1, 1988, see section 6303 of Pub. L. 100-297,
set out as an Effective Date note under section 2701 of this title.
Section 401 of title IV of Pub. L. 92-318 provided that: ''This
title (enacting this subchapter and sections 1119a, 1211a, 1221f to
1221h, and 3385 to 3385b of this title, amending sections 240, 241c,
822, 842, 880b-3a, 1091b, and 1412 of this title, and enacting
provisions set out as notes under sections 241a, 241c, and 1411 of this
title) may be cited as the 'Indian Education Act'.''
Section 301 of title III of act Sept. 30, 1950, ch. 1124, as added
June 23, 1972, Pub. L. 92-318, title IV, 411(a), 86 Stat. 334, which
provided that this subchapter could be cited as the ''Indian Elementary
and Secondary School Assistance Act'', was repealed by Pub. L. 100-297,
title V, 5352(1), Apr. 28, 1988, 102 Stat. 414.
Amounts appropriated by Pub. L. 100-202 to be awarded for programs
under the Indian Education Act in accordance with provisions of law as
such provisions were in effect on the day before the enactment of Pub.
L. 100-297 (Apr. 28, 1988), see section 6303(b)(5)(C) of Pub. L.
100-297, set out as a note under section 2701 of this title.
Pub. L. 95-561, title XI, 1149, Nov. 1, 1978, 92 Stat. 2331, which
provided for the annual audit of not less than one-third of the total
number of schools receiving funds under this subchapter, and set forth
sanctions for falsification of information, was repealed by Pub. L.
100-297, title V, 5116(1), Apr. 28, 1988, 102 Stat. 381.
2432.
20 USC 241bb-1. Repealed. Pub. L. 100-297, title V, 5116(1), Apr.
28, 1988, 102 Stat. 381
TITLE 20 -- EDUCATION
Section, Pub. L. 95-561, title XI, 1146, Nov. 1, 1978, 92 Stat.
2330, deemed certain tribal schools to be local educational agencies for
purposes of section 241bb(a) of this title.
20 USC 241cc to 241ff. Repealed. Pub. L. 100-297, title V, 5352(1),
Apr. 28, 1988, 102 Stat. 414
TITLE 20 -- EDUCATION
Section 241cc, act Sept. 30, 1950, ch. 1124, title III, 304, as
added June 23, 1972, Pub. L. 92-318, title IV, 411(a), 86 Stat. 335;
amended Nov. 1, 1978, Pub. L. 95-561, title XI, 1142(b), 92 Stat.
2329; Oct. 19, 1984, Pub. L. 98-511, title V, 513(a)(8), 98 Stat.
2400; Oct. 27, 1986, Pub. L. 99-570, title IV, 4133(b)(1), 100 Stat.
3207-133, set forth uses of Federal funds.
Section 241dd, act Sept. 30, 1950, ch. 1124, title III, 305, as
added June 23, 1972, Pub. L. 92-318, title IV, 411(a), 86 Stat. 336;
amended Nov. 1, 1978, Pub. L. 95-561, title XI, 1144, 92 Stat. 2329;
Oct. 19, 1984, Pub. L. 98-511, title V, 513(a)(4), (8), 98 Stat.
2399, 2400, related to conditions for approval of grants.
Section 241ee, act Sept. 30, 1950, ch. 1124, title III, 306, as
added June 23, 1972, Pub. L. 92-318, title IV, 411(a), 86 Stat. 337;
amended Nov. 1, 1978, Pub. L. 95-561, title XI, 1150(f), 92 Stat.
2333; Aug. 22, 1984, Pub. L. 98-396, title I, 98 Stat. 1390; Oct.
19, 1984, Pub. L. 98-511, title V, 513(a)(8), 98 Stat. 2400, related
to payments to local educational agencies.
Section 241ff, act Sept. 30, 1950, ch. 1124, title III, 307, as
added June 23, 1972, Pub. L. 92-318, title IV, 411(a), 86 Stat. 337;
amended Nov. 1, 1978, Pub. L. 95-561, title XI, 1145, 92 Stat. 2330;
Oct. 19, 1984, Pub. L. 98-511, title V, 513(a)(5), 98 Stat. 2399,
related to authorization of appropriations and adjustments.
Repeal effective July 1, 1988, see section 6303 of Pub. L. 100-297,
set out as an Effective Date note under section 2701 of this title.
20 USC SUBCHAPTER IV -- GENERAL
TITLE 20 -- EDUCATION
20 USC 242. Supervision over schools
TITLE 20 -- EDUCATION
(a) Repealed. Pub. L. 91-230, title IV, 401(f)(1), Apr. 13, 1970,
84 Stat. 173
(b) Rules and regulations
The Secretary shall administer this chapter, and he may make such
regulations and perform such other functions as he finds necessary to
carry out the provisions of this chapter.
(c) Report to Congress
The Secretary shall include in his annual report to the Congress a
full report of the administration of his functions under this chapter,
including a detailed statement of receipts and disbursements.
(Sept. 30, 1950, ch. 1124, title IV, 401, formerly 7, 64 Stat.
1107, renumbered title III, 301, Apr. 11, 1965, Pub. L. 89-10, title I,
3(c)(1), 79 Stat. 35; amended Nov. 3, 1966, Pub. L. 89-750, title II,
205, 80 Stat. 1212; Apr. 13, 1970, Pub. L. 91-230, title IV,
401(f)(1), 84 Stat. 173, and renumbered title IV, 401, June 23, 1972,
Pub. L. 92-318, title IV, 411(a), 86 Stat. 334; Apr. 28, 1988, Pub. L.
100-297, title II, 2011(a)(1), 102 Stat. 294.)
1988 -- Subsecs. (b), (c). Pub. L. 100-297 substituted
''Secretary'' for ''Commissioner''.
1970 -- Subsec. (a). Pub. L. 91-230 repealed prohibition against
Federal control of education (personnel, curriculum, program of
instruction, or assignment or transportation of students or teachers in
order to overcome racial imbalance). See section 1232a of this title.
1966 -- Subsec. (a). Pub. L. 89-750 inserted provisions prohibiting
the requiring of assignment or transportation of students or teachers in
order to overcome racial imbalance.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 89-750 effective for fiscal years beginning
after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a
note under section 238 of this title.
Pub. L. 88-665, title XI, 1103, Oct. 16, 1964, 78 Stat. 1109,
directed Commissioner of Education to submit to Secretary of Health,
Education, and Welfare for transmission to Congress on or before June
30, 1965, a full report of operation of Public Laws 815 and 874 (chapter
19 of this title and this chapter), as extended by Pub. L. 88-665
(amending sections 237 to 239, 633, 644, and 645 of this title).
20 USC 243. Utilization of services and facilities of other Federal
agencies
TITLE 20 -- EDUCATION
(a) Agreements with agencies; delegation of functions
In carrying out his functions under this chapter, the Secretary is
authorized, pursuant to proper agreement with any other Federal
department or agency, to utilize the services and facilities of such
department or agency, and, when he deems it necessary or appropriate, to
delegate to any officer or employee thereof the function under section
241 of this title of making arrangements for providing free public
education. Payment to cover the cost of such utilization or of carrying
out such delegated function shall be made either in advance or by way of
reimbursement, as may be provided in such agreement.
(b) Duty of Federal agencies
All Federal departments or agencies administering Federal property on
which children reside, and all such departments or agencies principally
responsible for Federal activities which may occasion assistance under
subchapter I of this chapter, shall to the maximum extent practicable
comply with requests of the Secretary for information he may require in
carrying out the purposes of subchapter I of this chapter.
(Sept. 30, 1950, ch. 1124, title IV, 402, formerly 8, 64 Stat.
1108; Aug. 8, 1953, ch. 402, 9, 67 Stat. 536; Aug. 4, 1955, ch. 543,
ch. 11, 202, 69 Stat. 485; Aug. 12, 1955, ch. 868, 1, 69 Stat. 713;
Aug. 3, 1956, ch. 915, title II, 210, 70 Stat. 972; Aug. 12, 1958,
Pub. L. 85-620, title II, 204, 72 Stat. 560; renumbered title III,
302, and amended Apr. 11, 1965, Pub. L. 89-10, title I, 3(c), 79 Stat.
35; Apr. 13, 1970, Pub. L. 91-230, title IV, 401(c)(1), 84 Stat. 173;
renumbered title IV, 402, June 23, 1972, Pub. L. 92-318, title IV,
411(a), 86 Stat. 334; Aug. 13, 1981, Pub. L. 97-35, title V,
505(c)(1), 95 Stat. 442; Apr. 28, 1988, Pub. L. 100-297, title II,
2011(a)(1), 102 Stat. 294.)
Subsec. (c) authorized the Director of the Bureau of the Budget
(Director of the Office of Management and Budget) to transfer
appropriations of other departments or agencies for the fiscal year
ending June 30, 1951, which were available for the same purposes as
subchapter I of this chapter, to the Commissioner for his use in
carrying out such purposes, except as to contracts made prior to Sept.
30, 1950.
Subsec. (d), which provided for restriction on the use of
appropriated funds, was omitted in view of section 505(c)(1) of Pub. L.
97-35, which provided that subsec. (d) of this section ''shall not
apply during fiscal year 1982, or any succeeding fiscal year''.
1988 -- Subsecs. (a), (b). Pub. L. 100-297 substituted
''Secretary'' for ''Commissioner''.
1970 -- Subsec. (a). Pub. L. 91-230 repealed provisions of third
sentence for delegation of functions by Commissioner. See section
1231(a) of this title.
1965 -- Subsecs. (b), (c). Pub. L. 89-10, 3(c)(2), substituted
''title I'' for ''this Act'' which, for purposes of codification, was
changed to ''subchapter I of this chapter''.
1958 -- Subsec. (d). Pub. L. 85-620 struck out ''during the period
beginning July 1, 1953, and ending June 30, 1958'' after ''shall be
available'', and inserted provisions relating to availability of
appropriations under sections 452 to 455 of title 25.
1956 -- Subsec. (d). Act Aug. 3, 1956, substituted ''1958'' for
''1957''.
1955 -- Subsec. (d). Act Aug. 4, 1955, excluded appropriations for
the making of payments directed to be made by section 2391 of title 42.
Act Aug. 12, 1955, substituted ''1957'' for ''1956''.
1953 -- Subsec. (a). Act Aug. 8, 1953, 9(a), authorized
Commissioner to delegate all his functions under this chapter, except
the making of regulations.
Subsec. (d). Act Aug. 8, 1953, 9(b), extended its duration for two
years until June 30, 1956, limited restriction on appropriations to use
of funds for employment of teaching personnel and excluded funds handled
by the Bureau of Indian Affairs.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 85-620 effective for period beginning July 1,
1958, see note set out under section 237 of this title.
Amendment by act Aug. 3, 1956, effective July 1, 1956, see note set
out under section 237 of this title.
Section 9 of act Aug. 8, 1953, provided in part that the amendments
made by such section 9 (amending subsecs. (a) and (d) of this section)
shall become effective July 1, 1953.
Bureau of Indian Affairs, see section 1 et seq. of Title 25,
Indians.
20 USC 244. Definitions
TITLE 20 -- EDUCATION
For the purposes of this chapter --
(1) The term ''Federal property'' means real property which is owned
by the United States or is leased by the United States, and which is not
subject to taxation by any State or any political subdivision of a State
or by the District of Columbia. Such term includes (A) except for
purposes of section 241 of this title, real property held in trust by
the United States for individual Indians or Indian tribes, and real
property held by individual Indians or Indian tribes which is subject to
restrictions on alienation imposed by the United States, (B) for one
year beyond the end of the fiscal year in which occurred the sale or
transfer thereof by the United States, any property considered prior to
such sale or transfer to be Federal property for the purposes of this
chapter, (C) any low-rent housing (whether or not owned by the United
States) which is part of a low-rent housing project assisted under the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), section 516
of the Housing Act of 1949 (42 U.S.C. 1486), or part B of title III of
the Economic Opportunity Act of 1964 (42 U.S.C. 2861 et seq.), (D) any
school which is providing flight training to members of the Air Force
under contractual arrangements with the Department of the Air Force at
an airport which is owned by a State or a political subdivision of a
State and (E) any property owned by a foreign government or by an
international organization which by reason of such ownership is not
subject to taxation by the State in which it is located or a subdivision
thereof. Such term also includes any interest in Federal property (as
defined in the foregoing provisions of this paragraph) under an
easement, lease, license, permit, or other arrangement, as well as any
improvements of any nature (other than pipelines or utility lines) on
such property even though such interests or improvements are subject to
taxation by a State or political subdivision of a State or by the
District of Columbia. Notwithstanding the foregoing provisions of this
paragraph, such term does not include any real property under the
jurisdiction of the United States Postal Service and used primarily for
the provision of postal services. Real property which qualifies as
Federal property under clause (A) of this paragraph shall not lose such
qualification because it is used for a low-rent housing project.
(2) The term ''child'' means any child who is within the age limits
for which the applicable State provides free public education.
(3) The term ''parent'' includes a legal guardian or other person
standing in loco parentis.
(4) The term ''free public education'' means education which is
provided at public expense, under public supervision and direction, and
without tuition charge, and which is provided as elementary or secondary
school education in the applicable State.
(5) The term ''current expenditures'' means expenditures for free
public education, including expenditures for administration,
instruction, attendance and health services, pupil transportation
services, operation and maintenance of plant, fixed charges, and net
expenditures to cover deficits for food services and student body
activities, but not including expenditures for community services,
capital outlay, and debt service, or any expenditures made from funds
granted under chapter 1 or 2 of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2701 et seq., 2911 et seq.).
(6) For purposes of subchapter I of this chapter, the term ''local
educational agency'' means a board of education or other legally
constituted local school authority having administrative control and
direction of free public education in a county, township, independent,
or other school district located within a State. Such term includes any
State agency which directly operates and maintains facilities for
providing free public elementary and secondary education through grade
12. Such term does not include any agency or school authority that the
Secretary determines, on a case-by-case basis --
(A) was constituted or reconstituted primarily for the purpose of
receiving assistance under this chapter or increasing the amount of that
assistance;
(B) is not constituted or reconstituted for legitimate educational
purposes; or
(C) was previously part of a school district upon being constituted
or reconstituted.
For the purpose of carrying out the provisions of section 238(a) of
this title, such term includes any agency or school authority that has
had an arrangement with a nonadjacent school district for the education
of children of persons who reside or work on an installation of the
Department of Defense for more than 25 years, but only if the Secretary
determines that there is no single school district adjacent to the
school district in which the installation is located that is capable of
educating all such children.
(7) The term ''State educational agency'' means the officer or agency
primarily responsible for the State supervision of public elementary and
secondary schools.
(8) The term ''State'' means a State, Puerto Rico, Wake Island, Guam,
the District of Columbia, American Samoa, the Northern Mariana Islands,
or the Virgin Islands.
(9) The term ''Secretary'' means the Secretary of Education.
(10) Average daily attendance shall be determined in accordance with
State law, except that (A) the average daily attendance of children with
respect to whom payment is to be made under section 238 or 239 of this
title shall be determined in accordance with regulations of the
Secretary, and (B) notwithstanding any other provision of this chapter,
where the local educational agency of the school district in which any
child resides makes or contracts to make a tuition payment for the free
public education of such child in a school situated in another school
district, for purposes of this chapter the attendance of such child at
such school shall be held and considered (i) to be attendance at a
school of the local educational agency so making or contracting to make
such tuition payment, and (ii) not to be attendance at a school of the
local educational agency receiving such tuition payment or entitled to
receive such payment under the contract. A child shall, for the
purposes of section 238 of this title, be deemed to be in attendance at
a school of a local educational agency if such child is determined to be
federally connected under clause (1) or (2) of section 238(a) of this
title or under clause (1), (2), or (3) of section 238(b) of this title
for any fiscal year and if such child is attending a school other than a
school of such agency because such child is disabled (as defined in
section 1401(1) /1/ of this title) and if such agency makes a tuition
payment on behalf of such child to such school for such fiscal year.
Regulations promulgated by the Secretary in accordance with clause (A)
of this paragraph shall permit the conversion of average daily
membership to average daily attendance for local educational agencies in
States which reimburse local educational agencies based upon average
daily membership and which do not require local educational agencies to
keep records based on average daily attendance.
(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
built-in 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.
(Sept. 30, 1950, ch. 1124, title IV, 403, formerly 9, 64 Stat.
1108; Aug. 8, 1953, ch. 402, 10, 67 Stat. 536; Aug. 1, 1956, ch.
852, 10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, 211, 70 Stat.
972; Aug. 12, 1958, Pub. L. 85-620, title II, 205, 72 Stat. 560;
June 25, 1959, Pub. L. 86-70, 18(d)(4), 73 Stat. 145; July 12, 1960,
Pub. L. 86-624, 14(d)(4), 74 Stat. 414; Oct. 16, 1964, Pub. L.
88-665, title XI, 1102(b), 78 Stat. 1109, renumbered title III, 303,
and amended Apr. 11, 1965, Pub. L. 89-10, title I, 3(c)(1), 4(a)-(c),
(d)(1), (e), 79 Stat. 35; Nov. 1, 1965, Pub. L. 89-313, 6(c), 79 Stat.
1162; Nov. 3, 1966, Pub. L. 89-750, title I, 117(a)(1), (b), title II,
206, 80 Stat. 1198, 1199, 1213; Jan. 2, 1968, Pub. L. 90-247, title
II, 201, 81 Stat. 806; Apr. 13, 1970, Pub. L. 91-230, title II,
203(b), 84 Stat. 156; Aug. 12, 1970, Pub. L. 91-375, 4(a), 6(o), 84
Stat. 773, 783; renumbered title IV, 403, June 23, 1972, Pub. L.
92-318, title IV, 411(a), 86 Stat. 334, and amended Aug. 21, 1974, Pub.
L. 93-380, title I, 101(a)(9)(K), title III, 304(d)(1), 88 Stat. 501,
523; Apr. 21, 1976, Pub. L. 94-273, 49(d), 90 Stat. 382; Oct. 12,
1976, Pub. L. 94-482, title V, 501(n), 90 Stat. 2237; Nov. 1, 1978,
Pub. L. 95-561, title I, 101(b), title X, 1011-1014, 1031(a), 92
Stat. 2200, 2310-2312; Apr. 28, 1988, Pub. L. 100-297, title II,
2011(a)(1), (3), 2021, 102 Stat. 294, 300; May 30, 1990, Pub. L.
101-305, 3(f), 104 Stat. 257; Oct. 30, 1990, Pub. L. 101-476, title
IX, 901(a)(3), (f)(2), 104 Stat. 1142, 1151.)
The United States Housing Act of 1937, referred to in par. (1), is
act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,
title II, 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified
generally to chapter 8 ( 1437 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see
Short Title note under section 1437 of Title 42 and Tables.
The Economic Opportunity Act of 1964, referred to in par. (1), is
Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended. Part B of
title III of such Act, was classified to part B ( 2861 et seq.) of
subchapter III of chapter 34 of Title 42, prior to its repeal by Pub.
L. 95-568, 8(a)(2), Nov. 2, 1978, 92 Stat. 2428. For complete
classification of this Act to the Code, see Tables.
The Elementary and Secondary Education Act of 1965, referred to in
par. (5), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended
generally by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 140. Chapters
1 and 2 of title I of the Elementary and Secondary Education Act of 1965
are classified generally to divisions I ( 2701 et seq.) and II ( 2911 et
seq.), respectively, of subchapter I of chapter 47 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2701 of this title and Tables.
Section 1401(1) of this title, referred to in par. (10), was
redesignated section 1401(a)(1) of this title by Pub. L. 98-199, 2(6),
Dec. 2, 1983, 97 Stat. 1357.
1990 -- Par. (6). Pub. L. 101-305 inserted two sentences at end.
Par. (10). Pub. L. 101-476, 901(f)(2), substituted ''disabled'' for
''handicapped''.
Pub. L. 101-476, 901(a)(3), substituted reference to the Individuals
with Disabilities Education Act for reference to the Education of the
Handicapped Act in the original, which for purposes of codification was
translated as section 1401 of this title, thus requiring no change in
text.
1988 -- Par. (5). Pub. L. 100-297, 2021, substituted ''chapter 1 or
2 of title I'' for ''title I, II, or III''.
Par. (9). Pub. L. 100-297, 2011(a)(3), amended par. (9) generally,
substituting provision defining ''Secretary'' as meaning the Secretary
of Education for provision defining ''Commissioner of Education'' and
''Commissioner'' as meaning the United States Commissioner of Education.
Par. (10). Pub. L. 100-297, 2011(a)(1), substituted ''Secretary''
for ''Commissioner'' in two places.
1978 -- Par. (1). Pub. L. 95-561, 1011, added cl. (E) relating to
property owned by a foreign government or by an international
organization which by reason of such ownership is not subject to
taxation by the State in which it is located or a subdivision thereof.
Par. (2). Pub. L. 95-561, 101(b)(1), struck out '', except as used
in subchapter II of this chapter,'' after ''The term 'child'''.
Par. (4). Pub. L. 95-561, 101(b)(2), struck out '', except that for
the purposes of subchapter II of this chapter such term does not include
any education provided beyond grade 12'' after ''applicable State''.
Par. (5). Pub. L. 95-561, 101(b)(3), substituted ''title I, II, or
III of the Elementary and Secondary Act of 1965'' for ''title II of this
act or title II or III of the Elementary and Secondary Education Act of
1965''.
Par. (6). Pub. L. 95-561, 101(b)(4), 1012, struck out designation
''(A)'' at beginning of par. (6), substituted ''free public elementary
and secondary education through grade 12'' for ''free public
education'', and struck out subpar. (B) which had defined ''local
educational agency'' as that term was used in subchapter II of this
chapter.
Par. (8). Pub. L. 95-561, 101(b)(5), 1031(a), struck out ''and for
purposes of subchapter II of this chapter, such term includes the Trust
Territory of the Pacific Islands'' after ''Virgin Islands'' and inserted
''the Northern Mariana Islands,'' after ''American Samoa,''.
Par. (10). Pub. L. 95-561, 1013, 1014, inserted provisions relating
to federally connected children and handicapped children and provisions
relating to the conversion of average daily membership to average daily
attendance.
Pars. (15) to (17). Pub. L. 95-561, 101(b)(6), struck out pars.
(15), (16), and (17) which had defined, respectively, ''elementary
schools'', ''average per pupil expenditure'', and ''excess costs'', as
those terms were used in subchapter II of this chapter.
1976 -- Par. (16). Pub. L. 94-273 substituted ''third fiscal year''
for ''second fiscal year''.
Par. (17). Pub. L. 94-482 substituted ''; but at the option of a
local educational agency, such term need not include'' for ''(but not
including'' and ''residing in nonproject areas'' for ''residing in
nonproject areas)''.
1974 -- Par. (1). Pub. L. 93-380, 304(d)(1), inserted ''Real
property which qualifies as Federal property under clause (A) of this
paragraph shall not lose such qualification because it is used for a
low-rent housing project.''
Pars. (16), (17). Pub. L. 93-380, 101(a)(9)(K), added pars. (16)
and (17).
1970 -- Par. (1). Pub. L. 91-230 defined ''Federal property'' to
include as item (C) of second sentence any low-rent housing (whether or
not owned by the United States) which is part of a low-rent housing
project assisted under the United States Housing Act of 1937 (formerly
excluded from term by former item (C) of fourth sentence of this
section), section 1486 of title 42, or part B of subchapter III of
chapter 34 of Title 42, redesignating former item (C) of second sentence
as (D), and struck out exclusion from term (item (A) of fourth sentence)
any real property used for a labor supply center, labor home, or labor
camp for migratory farm workers and (item (C) of fourth sentence) any
low-rent housing project held under title II of the National Industrial
Recovery Act, the Emergency Relief Appropriation Act of 1935, the United
States Housing Act of 1937 (now included in item (C) of second
sentence), the Act of June 28, 1940 (Public Law 671, Seventy-sixth
Congress), or any law amendatory of or supplementary to any of such
Acts, deleting item (B) designation for existing provisions,
respectively.
1968 -- Par. (1). Pub. L. 90-247 clarified definition of ''Federal
property'' by including within such term any interest in Federal
property under an easement, lease, license, permit, or other
arrangement, as well as any improvements of any nature (other than
pipelines or utility lines) on such property even though such interests
or improvements are subject to taxation by a State or political
subdivision of a State or by the District of Columbia, and by deleting
provisions which included within such term any real property owned by
the United States and leased therefrom and the improvements thereon,
even though the lessee's interest, or any improvement on such property,
is subject to taxation by a State or a political subdivision of a State
or by the District of Columbia.
1966 -- Par. (1). Pub. L. 89-750, 206(a), (b), substituted
''property'' for ''housing property'' in provision for the inclusion of
property which was considered prior to sale or transfer for one year
beyond the end of the fiscal year in which occurred the sale or transfer
to be Federal property, struck out prohibition against the inclusion of
real property used by the United States primarily for the provision of
services or benefits to the local area in which such property is
situated, which was formerly set out as clause (A) in the final
sentence, and redesignated former clauses (B) to (D) of such sentence as
clauses (A) to (C) thereof respectively.
Par. (5). Pub. L. 89-750, 117(b), substituted ''free public
education, including expenditures for administration, attendance and
health services, pupil transportation services, operation and
maintenance of plant, fixed charges, and net expenditures to cover
deficits for food services and student body activities, but not
including expenditures for community services, capital outlay, and debt
service'' for ''free public education to the extent that such
expenditures are made from current revenues, except that such term does
not include any such expenditure for the acquisition of land, the
erection of facilities, interest, or debt service''.
Par. (6). Pub. L. 89-750, 117(a)(1), redesignated as subpar. (A)
those existing provisions having application to subchapter I of this
chapter, redesignated as subpar. (B) those existing provisions having
application to subchapter II of this chapter, and, in subpar. (B),
reorganized existing provisions, inserted reference to the performance
of service functions for public elementary and secondary schools, and
inserted provision for the free public education of children in
institutions for neglected or delinquent children.
Par. (10). Pub. L. 89-750, 206(c), substituted provisions
authorizing the Commissioner to prescribe a uniform system of counting
children to determine average daily attendance of federally connected
children for provisions under which average daily attendance is
determined strictly under State law.
1965 -- Par. (2). Pub. L. 89-10, 4(a), inserted '', except as used
in subchapter II of this chapter,'' after ''child''.
Par. (4). Pub. L. 89-10, 4(b), excluded from meaning of term ''free
public education'', when used in subchapter II of this chapter,
education provided beyond grade 12.
Par. (5). Pub. L. 89-10, 4(c), added to enumerated funds which are
not included in determining ''current expenditures'' those expenditures
made from funds granted under subchapter II of this chapter or sections
821 to 827 or 841 to 848 of this title.
Par. (6). Pub. L. 89-313 included within term ''local educational
agency'' for purposes of subchapter II of this chapter any State agency
which is directly responsible for providing, on a non-school-district
basis, free public education for handicapped children (including
mentally retarded, hard of hearing, deaf, speech impaired, visually
handicapped, seriously emotionally disturbed, crippled, or other health
impaired children who by reason thereof require special education).
Par. (8). Pub. L. 89-10, 4(d)(1), included American Samoa within
definition of ''State'' and, for purposes of subchapter II of this
chapter, the Trust Territories of the Pacific Islands.
Pars. (11) to (15). Pub. L. 89-10, 4(e), added pars. (11) to (15).
1964 -- Par. (8). Pub. L. 88-665 inserted ''the District of
Columbia,'' after ''Guam,''.
1960 -- Par. (8). Pub. L. 86-624 struck out ''Hawaii,'' before
''Puerto Rico''.
1959 -- Par. (8). Pub. L. 86-70 struck out ''Alaska'', before
''Hawaii''.
1958 -- Par. (1). Pub. L. 85-620, 205(a), (b), inserted ''except
for purposes of section 241 of this title,'' before ''real property held
in trust'', substituted ''provisions of services or benefits to the
local area'' or ''provision of services to the local area'', and
inserted provisions excluding from definition of ''Federal property''
any real property under the jurisdiction of the Post Office Department
and used primarily for the provision of postal services.
Par. (2). Pub. L. 85-620, 205(c), struck out provisions excluding
from definition of ''child'' any child who is a member, or the dependent
of a member, of any Indian tribal organization and who is eligible for
education services provided pursuant to a capital grant of the United
States, or under the supervision of, or pursuant to a contract or other
arrangement with, the Bureau of Indian Affairs.
1956 -- Par. (1). Act Aug. 3, 1956, inserted in third sentence
''(A)'' after ''such term includes'' and inserted subpar. ''(B)''
relating to housing property considered Federal property prior to its
sale or transfer, and subpar. ''(C)'' relating to schools providing
training for Air Force members.
Par. (8). Act Aug. 1, 1956, inserted ''Guam,'' after ''Wake
Island,''.
1953 -- Par. (1). Act Aug. 8, 1953, extended definition of
''Federal property'' to any real property owned by the United States and
leased to someone else even though the lessee's interest is subject to
State or local taxation and by extending the definition of ''State'' to
include Wake Island.
In par. (1), ''United States Postal Service'' substituted for ''Post
Office Department'' pursuant to Pub. L. 91-375, 4(a), 6(o), Aug. 12,
1970, 84 Stat. 773, 783, which are set out as notes preceding section
101 of Title 39, Postal Service, and under section 201 of Title 39,
respectively, which abolished Post Office Department, transferred its
functions to United States Postal Service, and provided that references
in other laws to Post Office Department shall be considered a reference
to United States Postal Service.
Amendment by Pub. L. 101-476 effective Oct. 1, 1990, see section
1001 of Pub. L. 101-476, set out as a note under section 238 of this
title.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 95-561 effective Oct. 1, 1978, except as
otherwise specifically provided, see section 1530(a) of Pub. L.
95-561, set out as an Effective Date note under section 1221-3 of this
title.
Amendment by section 1011 of Pub. L. 95-561 effective with respect
to fiscal year 1980 and subsequent fiscal years, see section 1032(2) of
Pub. L. 95-561, set out as a note under section 237 of this title.
Section 1012 of Pub. L. 95-561 provided that the amendment made by
that section is effective Oct. 1, 1979.
Amendment by sections 1013 and 1014 of Pub. L. 95-561 effective with
respect to 1979 fiscal year and subsequent fiscal years, see section
1032 of Pub. L. 95-561, set out as a note under section 237 of this
title.
Amendment by section 1031(a) of Pub. L. 95-561 effective with
respect to 1979 fiscal year and subsequent fiscal years, see section
1032 of Pub. L. 95-561, set out as a note under section 237 of this
title.
Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976,
except either as specifically otherwise provided or, if not so
specifically otherwise provided, effective July 1, 1976, for those
amendments providing for authorization of appropriations, see section
532 of Pub. L. 94-482, set out as a note under section 1001 of this
title.
Section 2(c) of Pub. L. 93-380 provided that:
''(1) Unless otherwise specified, each provision of this Act and each
amendment made by this Act (see Short Title of 1974 Amendment note set
out under section 2701 of this title) shall be effective on and after
the sixtieth day after the enactment of this Act (Aug. 21, 1974).
''(2) In any case where the effective date for an amendment made by
this Act (see Short Title of 1974 Amendment note set out under section
2701 of this title) is expressly stated to be effective after June 30,
1973, or on July 1, 1973, such amendment shall be deemed to have been
enacted on June 30, 1973.''
Section 101(b) of Pub. L. 93-380 provided that: ''Except as
otherwise specifically provided, the amendments made by subsection (a)
(enacting sections 241c-1 to 241c-5, 241d-11, 241e-1, 241n, and 241o,
and amending this section and sections 241b, 241c, 241e to 241h, 241j,
and 241k of this title) and the provisions of paragraph (10) of such
subsection (section 2713 of this title) shall be effective on and after
July 1, 1974.''
Amendment by Pub. L. 91-230 effective after June 30, 1970, see
section 203(c)(1) of Pub. L. 91-230, set out as a note under section
635 of this title.
Amendment by Pub. L. 90-247 effective for fiscal years beginning
after June 30, 1967, see section 208 of Pub. L. 90-247, set out as a
note under section 237 of this title.
Section 191 of Pub. L. 89-750 provided that: ''The provisions of
this title (enacting sections 241m, 871 to 880, and 886 of this title
and section 2000d-5 of Title 42, The Public Health and Welfare, and
provisions set out as notes under sections 241a, 241b, and 241c of this
title, amending this section and sections 241b, 241c, 241e, 241f, 241g,
241h, 241j, 241k, 241l, 331a, 332a, 332b, 821, 822, 823, 841, 842, 843,
844, 861, 862, 863, 864, 3382, and 3384 of this title, and repealing
section 241d of this title) shall be effective with respect to fiscal
years beginning after June 30, 1966, except as specifically provided
otherwise.''
Amendment by section 206 of Pub. L. 89-750 effective for fiscal
years beginning after June 30, 1966, see section 241 of Pub. L.
89-750, set out as a note under section 238 of this title.
Amendment by Pub. L. 86-624 effective Aug. 21, 1959, see section
47(f) of Pub. L. 86-624, set out as a note under section 645 of this
title.
Amendment by Pub. L. 86-70 effective Jan. 3, 1959, see section
47(d) of Pub. L. 86-70.
Amendment by Pub. L. 85-620 effective for period beginning July 1,
1958, see note set out under section 237 of this title.
Amendment by act Aug. 3, 1956, effective July 1, 1956, see note set
out under section 237 of this title.
For effective date of amendments by act Aug. 8, 1953, see section 12
of act Aug. 8, 1953, set out as a note under section 237 of this title.
Pub. L. 92-277, 2, Apr. 24, 1972, 86 Stat. 124, provided that:
''All real property of the United States which was transferred to the
United States Postal Service and was, prior to such transfer, treated as
Federal property for purposes of the Act of September 30, 1950 (Public
Law 874, Eighty-first Congress) (sections 236 to 244 of this title),
shall continue to be treated as Federal property for such purpose for
two years beyond the end of the fiscal year in which such transfer
occurred.''
/1/ See References in Text note below.
20 USC 244a. School facilities for children of Government employees
and other residents in Indian reservations, national parks, and national
monuments
TITLE 20 -- EDUCATION
In order to facilitate the providing of educational opportunities for
children of Government employees and other residents in Indian
reservations, the national parks and national monuments the Secretary of
the Interior is authorized in his discretion to make available for
elementary school purposes therein, without charge, space in
Government-owned buildings, when such space may be available for such
purposes without detriment to the official business of such Indian
reservations, national parks and national monuments.
(July 16, 1940, ch. 629, 54 Stat. 761.)
Section was not enacted as part of act Sept. 30, 1950, ch. 1124, 64
Stat. 1100, which comprises this chapter.
Section was formerly classified to section 76a of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
20 USC 245. Repealed. Pub. L. 85-620, title II, 206, Aug. 12, 1958,
72 Stat. 561
TITLE 20 -- EDUCATION
Section, act Sept. 30, 1950, ch. 1124, 10, as added Aug. 8, 1953,
ch. 402, 11, 67 Stat. 536; amended Aug. 12, 1955, ch. 868, 1, 69
Stat. 713; Aug. 3, 1956, ch. 915, title II, 212, 70 Stat. 972,
related to election by States to receive payments with respect to
education of Indian children.
Repeal effective for period beginning July 1, 1958, see Effective
Date of 1958 Amendment note set out under section 237 of this title.
20 USC 246. State equalization plans; assistance to States
TITLE 20 -- EDUCATION
(a) Reimbursement to States; submittal of plans to Secretary;
statement of purpose; guidelines: publication and republication in
Federal Register, submittal to President of Senate and Speaker of House;
new guidelines; resolution of disapproval
(1) Any State desiring to develop a plan for a program of financial
assistance to local educational agencies in that State to assist such
agencies in the provision of free public education may, upon application
therefor, be reimbursed for the development or administration of such a
plan in accordance with the provisions of this section. Each plan
developed pursuant to, or which meets the requirements of, this section
shall be submitted to the Secretary not later than October 1, 1978, and
shall, subject to the provisions of this section, be consistent with the
guidelines developed pursuant to paragraph (3). Such plan shall be
designed to implement a program of State aid for free public education
--
(A) which is consistent with such standards as may be required by the
fourteenth article of amendment to the Constitution; and
(B) the primary purpose of which is to achieve equality of
educational opportunity for all children in attendance at the schools of
the local educational agencies of the State.
(2) The Secretary shall develop guidelines defining the principles
set forth in clauses (A) and (B) of paragraph (1). Not later than April
1, 1975, the Secretary shall publish such guidelines in the Federal
Register and submit such guidelines to the President of the Senate and
the Speaker of the House of Representatives.
(3) During the sixty-day period following such publication, the
Secretary shall provide interested parties with an opportunity to
present views and make recommendations with respect to such guidelines.
Not later than July 1, 1975, the Secretary shall (A) republish such
guidelines in the Federal Register, together with any amendments thereto
as may be merited and (B) publish in the Federal Register a summary of
the views and recommendations presented by interested parties under the
preceding sentence, together with the comments of the Secretary
respecting such views and recommendations.
(4)(A) The guidelines published in accordance with paragraph (3),
together with any amendments, shall, not later than July 1, 1975, be
submitted to the President of the Senate and the Speaker of the House of
Representatives. If either the Senate or the House of Representatives
adopts, prior to December 1, 1975, a resolution of disapproval of such
guidelines, the Secretary shall, prior to December 15, 1975, publish new
guidelines. Such new guidelines shall take into consideration such
views and policies as may be made in connection with such resolution and
shall become effective thirty days after such publication.
(B) A resolution of disapproval under this paragraph may be in the
form of a resolution of either the Senate or the House of
Representatives or such resolution may be in the form of a concurrent
resolution of both Houses. If such a resolution of disapproval is in
the form of a concurrent resolution, the new guidelines published in
accordance with the second sentence of subparagraph (A) of this
paragraph shall be consistent with such policies as may be established
by such concurrent resolution.
(C) If each of the Houses adopts a separate resolution with respect
to guidelines submitted in accordance with this paragraph for any year
and in connection therewith makes policy statements which differ
substantially, then such differences may be resolved by the adoption of
a concurrent resolution by both Houses. Any such concurrent resolution
shall be deemed to be adopted in accordance with subparagraph (B).
(b) Guidelines; reasons for State rejection
Any State developing a plan pursuant to this section may reject any
guidelines developed and published under subsection (a) of this section
if such State, as a provision of its plan, states the reasons for each
such rejection.
(c) Reimbursement to States; limitation; ''State'' defined
(1) Each State that develops a plan under this section shall be
reimbursed for the reasonable amounts expended by the State in the
development or administration of such a plan based upon the ratio of the
population of that State to the population of all States except that no
State shall receive less than $100,000 and no State shall receive more
than $1,000,000.
(2) For the purposes of this section the term ''State'' means the
fifty States.
(Pub. L. 93-380, title VIII, 842, Aug. 21, 1974, 88 Stat. 610; Pub.
L. 94-482, title III, 326, Oct. 12, 1976, 90 Stat. 2220; Pub. L.
96-88, title III, 301(a)(1), title V, 507, Oct. 17, 1979, 93 Stat.
677, 692.)
Section was enacted as a part of Education Amendments of 1974, and
not as part of Educational Agencies Financial Aid Act which comprises
this chapter.
1976 -- Subsec. (a)(1). Pub. L. 94-482 substituted ''October 1,
1978'' for ''July 1, 1977''.
Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976,
except either as specifically otherwise provided or, if not so
specifically otherwise provided, effective July 1, 1976, for those
amendments providing for authorization of appropriations, see section
532 of Pub. L. 94-482, set out as a note under section 1001 of this
title.
Section effective on and after sixtieth day after Aug. 21, 1974, see
section 2(c) of Pub. L. 93-380, set out as an Effective Date of 1974
Amendment note under section 244 of this title.
''Secretary'', meaning Secretary of Education, substituted for
''Commissioner'' in subsec. (a) pursuant to sections 301(a)(1) and 507
of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507
of this title and which transferred functions of Commissioner of
Education to Secretary of Education.
20 USC CHAPTER 14 -- SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL
ACTIVITIES
TITLE 20 -- EDUCATION
The act of Sept. 23, 1950, ch. 995, 64 Stat. 967, formerly
classified to this chapter, was completely amended and renumbered by
Pub. L. 85-620, Aug. 12, 1958, 72 Stat. 548. See section 631 et seq.
of this title.
Former sections 251 to 311 of this title were either omitted or
transferred as set forth in the following table:
20 USC SUBCHAPTER I -- SURVEYS AND STATE PLANS FOR SCHOOL CONSTRUCTION
TITLE 20 -- EDUCATION
20 USC 251 to 255. Omitted or transferred
TITLE 20 -- EDUCATION
Sections 251 to 254, act Sept. 23, 1950, ch. 995, title I, 101 to
104, 64 Stat. 967, 968, authorized appropriations, provided for State
applications for funds, allotments and payments to States, and to
withholding of certification.
Section 255, acts Sept. 23, 1950, ch. 995, title I, 105, 64 Stat.
969; Aug. 8, 1953, ch. 400, 2(m), 67 Stat. 529, related to
delegation of functions and payment of expenses.
20 USC SUBCHAPTER II -- SCHOOL CONSTRUCTION IN FEDERALLY-AFFECTED AREAS
TITLE 20 -- EDUCATION
20 USC 271 to 280. Omitted or transferred
TITLE 20 -- EDUCATION
Section 271, act Sept. 23, 1950, ch. 995, title II, 201, 64 Stat.
969, contained declaration of policy for school construction in
federally-affected areas.
Section 272, acts Sept. 23, 1950, ch. 995, title II, 202, 64 Stat.
969; Aug. 2, 1954, ch. 649, title VIII, 808(a), 68 Stat. 645,
authorized payments to local education agencies.
Section 273, acts Sept. 23, 1950, ch. 995, title II, 203, 64 Stat.
971; Aug. 12, 1955, ch. 868, 4, 69 Stat. 713, related to payments
where effect of Federal activities, would be temporary, and for donation
of temporary school activities.
Section 274, act Sept. 23, 1950, ch. 995, title II, 204, 64 Stat.
972, related to children for whom local agencies cannot provide
education.
Section 275, acts Sept. 23, 1950, ch. 995, title II, 205, 64 Stat.
972; Aug. 8, 1953, ch. 400, 2(a), 67 Stat. 528, related to
applications for assistance, construction projects, and reimbursement.
Section 276, act Sept. 23, 1950, ch. 995, title II, 206, 64 Stat.
973, provided for certification and payment of funds.
Section 277, acts Sept. 23, 1950, ch. 995, title II, 207, 64 Stat.
974; Aug. 8, 1953, ch. 400, 2(b), 67 Stat. 528; Aug. 28, 1958,
Pub. L. 85-791, 32, 72 Stat. 951, related to withholding of
certification and judicial review.
Section 278, act Sept. 23, 1950, ch. 995, title II, 208, 64 Stat.
975, provided for administration of act Sept. 23, 1950.
Section 279, acts Sept. 23, 1950, ch. 995, title II, 209, 64 Stat.
975; Aug. 8, 1953, ch. 400, 2(c)-(f), 67 Stat. 528; Aug. 31,
1954, ch. 1149, 7, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I,
101, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, 1, 71 Stat. 593,
related to use of other Federal agencies; transfer and availability of
appropriations, and additional grants for non-Federal share.
Section 280, acts Sept. 23, 1950, ch. 995, title II, 210, 64 Stat.
976; Aug. 8, 1953, ch. 400, 2(g)-(l), 67 Stat. 528; Aug. 1, 1956,
ch. 852, 11, 70 Stat. 909; Aug. 3, 1956, ch. 915, title I, 102, 70
Stat. 968; Aug. 21, 1957, Pub. L. 85-161, 71 Stat. 403, contained
definitions of terms used in act Sept. 23, 1950.
20 USC SUBCHAPTER III -- ASSISTANCE IN AREAS WITH SUBSTANTIAL INCREASES
IN FEDERALLY-CONNECTED SCHOOL CHILDREN
TITLE 20 -- EDUCATION
20 USC 291 to 302. Omitted or transferred
TITLE 20 -- EDUCATION
Section 291, act Sept. 23, 1950, ch. 995, title III, 301, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 522; amended Aug. 31, 1954, ch.
1149, 1, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, 103, 70
Stat. 968; Sept. 2, 1957, Pub. L. 85-267, 2, 71 Stat. 593, stated
purpose of former sections 291 to 302 of this title and authorized
appropriations.
Section 292, act Sept. 23, 1950, ch. 995, title III, 302, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 522, provided for annual
apportionment of funds.
Section 293, act Sept. 23, 1950, ch. 995, title III, 303, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 522; amended Aug. 31, 1954, ch.
1149, 2, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, 104, 70
Stat. 968; Sept. 2, 1957, Pub. L. 85-267, 3, 71 Stat. 593, related
to dates for filing applications, and to priorities.
Section 294, act Sept. 23, 1950, ch. 995, title III, 304, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 522; amended Aug. 31, 1954, ch.
1149, 3, 68 Stat. 1005; Aug. 12, 1955, ch. 868, 5, 69 Stat. 714;
Aug. 3, 1956, ch. 915, title I, 105, 70 Stat. 968; Sept. 2, 1957,
Pub. L. 85-267, 4, 71 Stat. 593, related to Federal share of cost of
projects.
Section 295, act Sept. 23, 1950, ch. 995, title III, 305, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 523; amended Aug. 31, 1954, ch.
1149, 4, 5, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, 106,
70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, 5, 71 Stat. 593,
prescribed limitations on total payments to local agencies.
Section 296, act Sept. 23, 1950, ch. 995, title III, 306, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 524; amended Aug. 3, 1956, ch.
915, title I, 107, 70 Stat. 969, related to filing and approval of
application for assistance.
Section 297, act Sept. 23, 1950, ch. 995, title III, 307, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 525, related to payments to local
agencies.
Section 298, act Sept. 23, 1950, ch. 995, title III, 308, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 525; amended Aug. 12, 1955, ch.
868, 7, 69 Stat. 715, related to availability of appropriations,
special fund for additional grants, and to payments in cases affected by
change in regulations.
Section 299, act Sept. 23, 1950, ch. 995, title III, 309, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 525; amended Aug. 12, 1955, ch.
868, 4, 69 Stat. 713, prescribed procedure in cases of temporary
Federal activities, and authorized donation of temporary school
facilities.
Section 300, act Sept. 23, 1950, ch. 995, title III, 310, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 526; amended Aug. 31, 1954, ch.
1149, 6, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, 108, 70
Stat. 969; Sept. 2, 1957, Pub. L. 85-267, 6, 71 Stat. 593, provided
for children for whom local agencies are unable to provide education.
Section 301, act Sept. 23, 1950, ch. 995, title III, 311, as added
Aug. 8, 1953, ch. 400, 1, 67 Stat. 526, authorized withholding of
payments for noncompliance.
Section 302, act Sept. 23, 1950, ch. 995, title III, 312, as added
Sept. 2, 1957, Pub. L. 85-267, 7, 71 Stat. 593, defined base year
and increase period.
20 USC SUBCHAPTER IV -- ASSISTANCE IN OTHER FEDERALLY-AFFECTED AREAS
TITLE 20 -- EDUCATION
20 USC 311. Omitted
TITLE 20 -- EDUCATION
Section, act Sept. 23, 1950, ch. 995, title IV, 401, as added Aug.
8, 1953, ch. 400, 1, 67 Stat. 526; amended Aug. 12, 1955, ch.
868, 6, 69 Stat. 715; Aug. 3, 1956, ch. 915, title I, 109, 70 Stat.
969; Sept. 2, 1957, Pub. L. 85-267, 8, 71 Stat. 594, authorized
assistance in other federally-affected areas.
20 USC CHAPTER 15 -- STUDIES AND RESEARCH ON PROBLEMS IN EDUCATION
TITLE 20 -- EDUCATION
20 USC 331 to 332b. Omitted
TITLE 20 -- EDUCATION
Sections constituted the Cooperative Research Act and terminated on
and after July 1, 1975, under provisions of section 402(c)(1) of Pub.
L. 93-380. See provisions of Special Projects Act, section 1851 et seq.
of this title.
Section 331, acts July 26, 1954, ch. 576, 1, 68 Stat. 533; Apr.
11, 1965, Pub. L. 89-10, title IV, 401, 79 Stat. 44, related to
Congressional declaration of purpose.
Section 331a, act July 26, 1954, ch. 576, 2, as added Apr. 11,
1965, Pub. L. 89-10, title IV, 401, 79 Stat. 44; amended Nov. 3,
1966, Pub. L. 89-750, title I, 141, 80 Stat. 1202; Jan. 2, 1968,
Pub. L. 90-247, title VII, 706, 81 Stat. 820; Apr. 13, 1970, Pub.
L. 91-230, title I, 143(c), title VIII, 808, 809(c), 84 Stat. 151,
193, 194; June 23, 1972, Pub. L. 92-318, title III, 303(a)(1), 86
Stat. 333, authorized grants, contracts, and jointly financed
arrangements for exemplary projects and management studies, provided for
an annual report to Congress, and provided for establishment of an
Advisory Council on Research and development, its membership, and
appointment of a Chairman.
Section 332, act July 26, 1954, ch. 576, 3, formerly 2, 68 Stat.
533, renumbered and amended Apr. 11, 1965, Pub. L. 89-10, title IV,
401, 402, 79 Stat. 44, 46; June 23, 1972, Pub. L. 92-318, title III,
303(a)(2), 86 Stat. 333, authorized appropriations for fiscal years
ending June 30, 1973, 1974, and 1975 of $58,000,000; $68,000,000; and
$78,000,000 respectively.
Section 332a, act July 26, 1954, ch. 576, 4, as added Apr. 11,
1965, Pub. L. 89-10, title IV, 403, 79 Stat. 46; amended Nov. 3,
1966, Pub. L. 89-750, title I, 142, 80 Stat. 1203; Apr. 13, 1970,
Pub. L. 91-230, title IV, 401(g)(2), title VIII, 810, 84 Stat. 174,
194, related to construction of regional facilities, authorizing
appropriation of $100,000,000 in the aggregate for fiscal years ending
June 30, 1966, through 1970, in subsec. (a); subsec. (b) relating to
findings of Commissioner, grants for construction, transfer of title,
and operation of facility; subsec. (c), as originally enacted, relating
to labor standards; subsec. (d) relating to methods of payment, and
subsec. (e) defining ''research and related purposes''.
Section 332b, act July 26, 1954, ch. 576, 5, as added Apr. 11,
1965, Pub. L. 89-10, title IV, 403, 79 Stat. 47; amended Nov. 3,
1966, Pub. L. 89-750, title I, 143, 80 Stat. 1203, provided for
definitions of ''State'', ''State educational agency'', ''nonprofit'',
and ''construction'' and ''cost of construction''.
Pub. L. 91-230, title VIII, 809(a), (b), Apr. 13, 1970, 84 Stat.
193, contained Congressional statement of findings, purpose, and the
need for the establishment of a National Commission on School Finance
and a report by such Commission.
Investigation and Study of Financing Problems; Report
to Congress; Availability of Funds
Pub. L. 91-230, 809(d), Apr. 13, 1970, 84 Stat. 194, required the
Commissioner to establish a National Commission on School Finance
consisting of fifteen members, required the Commission to make a full
and complete investigation and study of the financing of elementary and
secondary education and to report the results of such investigation and
study and its recommendations to the Commissioner and to the Congress
not later than two years after Apr. 13, 1970, and made funds available
for such purposes.
20 USC 333 to 337. Repealed. Pub. L. 91-230, title I, 143(b), Apr.
13, 1970, 84 Stat. 151
TITLE 20 -- EDUCATION
Section 333, act July 26, 1954, ch. 577, 1, 68 Stat. 533, provided
for establishment of a National Advisory Committee on Education in the
Department of Health, Education, and Welfare.
Section 334, act July 26, 1954, ch. 577, 2, 68 Stat. 533, provided
for composition of the National Advisory Committee on Education, term of
office, and ex officio membership of the Commissioner of Education.
Section 335, act July 26, 1954, ch. 577, 3, 68 Stat. 534, required
minimum of three meetings each calendar year.
Section 336, act July 26, 1954, ch. 577, 4, 68 Stat. 534,
authorized National Advisory Committee to make recommendations, appoint
consultants, and submit an annual report to Congress.
Section 337, act July 26, 1954, ch. 577, 5, 68 Stat. 534,
authorized travel expenses and per diem payments but denied compensation
to members of the National Advisory Committee. See section 1233c of
this title.
Sections 333 to 337 were generally superseded by provisions of
section 868 of this title providing for a National Council on Quality in
Education.
20 USC CHAPTER 16 -- PUBLIC LIBRARY SERVICES AND CONSTRUCTION
TITLE 20 -- EDUCATION
Sec.
351. Declaration of policy.
351a. Definitions.
351b. Authorization and availability of appropriations; advance
funding method.
(a) Authorization and availability.
(b) Availability.
(c) Notice of available funding; transition to advance funding
method.
351c. Allotments to States and Indian tribes.
(a) Minimum allotments; population basis for distribution of
remaining funds.
(b) Reallotment of funds.
(c) Indian tribes.
(d) Organizations serving and representing Hawaiian natives.
351d. Plans and programs.
(a) Prerequisites for allotment of basic State plan in effect,
submission of annual program, and establishment of State Advisory
Council on Libraries.
(b) Provisions of plan.
(c) Approval of basic State plan by Secretary.
(d) Long-range State programs; development; provisions.
(e) Termination or limitation of payments to States by Secretary;
procedure; grounds.
(f) Judicial review of Secretary's final actions; procedure.
(g) Indian tribes; allotments and allocations.
(h) Resource sharing coordination.
351e. Payments.
(a) Prerequisites for payment.
(b) Federal share; promulgation by Secretary.
(c) Indian tribes.
351f. Administrative costs.
351g. Education Research Library.
352. Grants to States for public library services.
353. Uses of Federal funds.
(a) Development of programs and projects to extend library services
to physically handicapped, disadvantaged areas, etc.; expanding services
of major urban resource libraries; limitation on grants.
(b) Payment of costs of administering State plans, planning for and
evaluation of library services, dissemination of information concerning
library services, etc.; increase capacity of State library
administrative agencies.
(c) Reservation of allotments.
354. Annual State program for library services; submission;
contents; limitation on reduction of funds; ratable reduction.
355. Omitted.
355a. Grants to States for public library construction and library
and information technology enhancement.
355b. Federal share.
(a) Payment; uses of Federal funds.
(b) Limit on Federal share.
(c) Recovery of value of grant.
355c. Annual State program for construction and technology
enhancement of public libraries; submission; contents.
355d. Omitted.
355e. Grants to States for interlibrary cooperation and resource
sharing.
355e-1. Federal share.
(a) Payment; use of Federal funds.
(b) Amount.
355e-2. Annual State program for interlibrary cooperation;
submission; contents.
355e-3. Resource sharing.
(a) Statewide plan.
(b) Recommendations.
(c) Long-range program; identification of objectives; elements of
program.
(d) Participating libraries; reimbursement of expenses.
(e) Periods when schools are not in session.
355e-4. Preservation programs.
(a) Long-range program and annual program.
(b) Plan compliance requirements.
(c) Use of funds.
(d) Contract authority of State library administrative agencies.
355f to 358. Omitted.
361. Findings and purpose; authorization of grants.
(a) Findings.
(b) Purpose.
(c) Grants for services to Indians living on or near reservations.
(d) Special project grants.
362. Use of funds.
(a) Permitted uses of funds.
(b) Maintenance of funding level.
(c) Restricted collections of tribal cultural materials.
363. Applications for library services to Indians.
364. Plans for library services to Indians.
365. Coordination with other programs for Indians.
366. Services in States with Indian tribes not residing on or near
reservations.
371. Grants for foreign language material acquisition.
(a) Duty of Secretary.
(b) Selection of recipients.
(c) Funding limitation.
375. State and local library grants.
(a) Duty of Secretary; grants for support of literacy programs.
(b) Purposes of grants to State libraries.
(c) Purposes of grants to local libraries.
(d) Selection of recipients.
(e) Funding limitation.
(f) Priorities in awarding grants.
381. Program authority.
385. Statement of purpose.
385a. Grants for family learning centers.
385b. Use of funds.
(a) Initiation, expansion, and improvement of services.
(b) Acquisition of resources and materials in print and electronic
formats.
(c) Acquisition of computer hardware and software.
385c. Application.
(a) Submission by local public libraries.
(b) Requisite content.
385d. Selection of family learning centers.
(a) Competitive process.
(b) Equitable distribution.
(c) Maximum grant.
385e. Authorization of appropriations.
386. Statement of purpose.
386a. Grants to States for library literacy centers.
(a) Competitive selection process.
(b) Maximum total grant amounts; availability; matching funds.
386b. State application.
(a) Purpose of grants.
(b) Submission by State library administrative agencies; requisite
assurances.
(c) Priority programs and services.
386c. Use of funds.
(a) Initiation, expansion, and improvement of literacy services and
programs.
(b) Computers and computer software.
386d. Local application.
(a) Submission by local public libraries.
(b) Requisite content.
386e. Advisory committee.
386f. Selection of literacy learning centers.
386g. Authorization of appropriations.
section 1666.
20 USC 351. Declaration of policy
TITLE 20 -- EDUCATION
(a) It is the purpose of this chapter to assist the States in the
extension and improvement of public library services to areas and
populations of the States which are without such services or to which
such services are inadequate and to assist Indian tribes in planning and
developing library services to meet their needs. It is the further
purpose of this chapter to assist with (1) public library construction
and renovation; (2) improving State and local public library services
for older Americans, and for handicapped, institutionalized, and other
disadvantaged individuals; (3) strengthening State library
administrative agencies; (4) promoting interlibrary cooperation and
resource sharing among all types of libraries; (5) strengthening major
urban resource libraries; and (6) increasing the capacity of libraries
to keep up with rapidly changing information technology.
(b) Nothing in this chapter shall be construed to interfere with
State and local initiative and responsibility in the conduct of library
services. The administration of libraries, the selection of personnel
and library books and materials, and, insofar as consistent with the
purposes of this chapter, the determination of the best uses of the
funds provided under this chapter shall be reserved to the States and
their local subdivisions and Indian tribes.
(June 19, 1956, ch. 407, 2, 70 Stat. 293; Feb. 11, 1964, Pub. L.
88-269, 1(a)(1), 78 Stat. 11; July 19, 1966, Pub. L. 89-511, 2, 80
Stat. 313; Dec. 30, 1970, Pub. L. 91-600, 2(b), 84 Stat. 1660; Oct.
7, 1977, Pub. L. 95-123, 4(a), 91 Stat. 1095; Oct. 17, 1984, Pub. L.
98-480, title I, 102, 98 Stat. 2236.)
1984 -- Subsec. (a). Pub. L. 98-480, 102(a), inserted reference to
assisting Indian tribes in planning and developing library services to
meet their needs, designated existing provisions as cls. (1) to (5), in
cl. (1) as so designated inserted reference to library renovation, in
cl. (2) as so designated substituted provisions relating to the
improvement of State and local public library services for older
Americans, and for handicapped, institutionalized, and other
disadvantaged individuals for provisions relating to the improvement of
such other State library services as library services for physically
handicapped, institutionalized, and disadvantaged persons, in cl. (4)
as so designated inserted reference to resource sharing, and added cl.
(6).
Subsec. (b). Pub. L. 98-480, 102(b), inserted reference to Indian
tribes.
1977 -- Subsec. (a). Pub. L. 95-123 inserted ''and in strengthening
major urban resource libraries'' after ''all types of libraries''.
1970 -- Subsec. (a). Pub. L. 91-600 added assistance to the States
in the improvement of public library services, in public library
construction, and in the improvement of State library services for the
physically handicapped, institutionalized, and disadvantaged, and
assistance to the States in strengthening State library administrative
agencies, to the list of purposes of this chapter.
Subsec. (b). Pub. L. 91-600 substituted ''Nothing in this chapter
shall be construed'' for ''The provisions of this chapter shall not be
so construed as''.
1966 -- Subsec. (a). Pub. L. 89-511 added promotion of interlibrary
cooperation and assistance to States in providing certain specialized
State library services, to the list of purposes of the chapter.
1964 -- Subsec. (a). Pub. L. 88-269 struck out ''rural'' before
''areas''.
Section 2(c)(1) of Pub. L. 91-600 provided that: ''The amendment
made by subsection (b) (enacting sections 351a to 351e of this title,
amending this section and sections 352, 353, 354, 355a, 355b, 355c,
355e, 355e-1, and 355e-2 of this title, repealing sections 355, 355d,
355e-3, 355f to 355f-7, 356, 357, 357a, and 358 of this title and
enacting provisions set out as notes under this section) shall be
effective after June 30, 1971.''
Pub. L. 101-254, 1(a), Mar. 15, 1990, 104 Stat. 101, provided
that: ''This Act (enacting sections 351g, 355e-4, 381, 385 to 385e, and
386 to 386g of this title, amending sections 351a to 351e, 352 to 354,
355a to 355c, 355e, 355e-1, 355e-3, 371, and 375 of this title, and
enacting provisions set out as a note under section 351a of this title)
may be cited as the 'Library Services and Construction Act Amendments of
1990'.''
Section 101(a) of title I of Pub. L. 98-480 provided that: ''This
title (enacting sections 355e-3, 361 to 365, 371 and 375 of this title,
amending this section and sections 351a to 351f, 352, 353, 354, 355a,
355b, 355c, 355e, and 355e-2 of this title, and enacting provisions set
out as notes under this section and section 355b of this title) may be
cited as the 'Library Services and Construction Act Amendments of
1984'.''
Section 1 of Pub. L. 95-123 provided: ''That this Act (enacting
section 351f of this title and amending this section and sections 351a,
351b, 352 to 354, and 355b of this title) may be cited as the 'Library
Services and Construction Act Amendments of 1977'.''
Section 1 of Pub. L. 91-600 provided: ''That this Act (enacting
sections 351a to 351e of this title, amending this section and sections
352, 353, 354, 355a, 355b, 355c 355e, 355e-1, 355e-2, 1204 and 1211 of
this title, repealing sections 355, 355d, 355e-3, 355f to 355f-7, 356,
357, 357a, and 358 of this title, and enacting provisions set out as
notes under this section and section 1204 of this title) may be cited as
the 'Library Services and Construction Amendments of 1970'.''
Section 1 of Pub. L. 89-511 provided: ''That this Act (enacting
sections 355e, 355e-2, 355e-3, 355f, 355f-2, 355f-3, 355f-4, 355f-6, and
355f-7 of this title, enacting and amending sections 355e-1, 355f-1, and
355f-5 of this title, amending this section and sections 352, 353, 355,
355a, 355b, 355d, 357, 357a, and 358 of this title, enacting provisions
set out as notes under this section and sections 353 and 355 of this
title, and redesignating sections 301 to 304 of act June 19, 1956, as
sections 501 to 504, respectively) may be cited as the 'Library Services
and Construction Act Amendments of 1966'.''
Section 1 of act June 19, 1956, as amended by section 10(a) of Pub.
L. 88-269, provided that: ''This Act (enacting this chapter) may be
cited as the 'Library Services and Construction Act'.''
Section 101(b) of Pub. L. 98-480 provided that: ''The Congress
finds that --
''(1) the role of libraries has expanded to include (A) providing
programs to meet the needs of special segments of the population,
including librarian training and outreach programs, (B) providing
literacy training for illiterate and functionally illiterate adults, and
(C) sharing resources and materials among a wide variety of libraries;
''(2) it has become necessary to expand the role of libraries as
information centers for their communities, utilizing improved and new
technologies and resources to meet the increasing need for information
services and educational resources of Americans in a rapidly changing
economy;
''(3) funding for construction of new libraries and renovation of
existing libraries is essential to ensure continuation of library
services for the public;
''(4) attention should be paid to the needs of small and rural
community libraries and information centers because these facilities are
often underfunded and understaffed and as a consequence cannot
adequately serve the needs of the community; and
''(5) the scope and purpose of the Library Services and Construction
Act (this chapter) should therefore be revised to include a more
comprehensive range of programs which may receive funds thereunder and
to ensure the extension of services to minorities and other populations
that would otherwise be unable to use regular library facilities.''
Section 2(a) of Pub. L. 91-600 provided that: ''It is the purpose
of this Act (see Short Title of 1970 Amendment note above) to improve
the administration, implementation, and purposes of the programs
authorized by the Library Services and Construction Act (this chapter)
by lessening the administrative burden upon the States through a
reduction in the number of State plans which must be submitted and
approved annually under such Act and to afford the States greater
discretion in the allocation of funds under such Act to meet specific
State needs and, by providing for special programs to meet the needs of
disadvantaged persons, in both urban and rural areas, for library
services and for strengthening the capacity of State library
administrative agencies for meeting the needs of all the people of the
States.''
Section 2(c)(2) of Pub. L. 91-600 provided that: ''In the case of
funds appropriated to carry out programs under the Library Services and
Construction Act (this chapter) for the fiscal year ending June 30,
1971, each State is authorized, in accordance with regulations of the
Commissioner of Education, to use a portion of its allotment for the
development of such plans as may be required by such Act, as amended by
subsection (b) (see Effective Date of 1970 Amendment note set out
above).''
20 USC 351a. Definitions
TITLE 20 -- EDUCATION
The following definitions shall apply to this chapter:
(1) ''Secretary'' means the Secretary of Education.
(2) ''Construction'' includes construction of new buildings and
acquisition, expansion, remodeling, and alteration of existing
buildings, and for the purchase, lease, and installation of equipment of
any such buildings, or any combination of such activities (including
architects' fees and the cost of acquisition of land). Such term
includes remodeling to meet standards under the Act of August 12, 1968,
commonly known as the ''Architectural Barriers Act of 1968'' (42 U.S.C.
4151 et seq.), remodeling designed to ensure safe working environments
and to conserve energy, renovation or remodeling to accommodate new
technologies, and the purchase of existing historic buildings for
conversion to public libraries. For the purposes of this paragraph, the
term ''equipment'' includes information and building technologies, video
and telecommunications equipment, machinery, utilities, and built-in
equipment and any necessary enclosures or structures to house them; and
such term includes all other items necessary for the functioning of a
particular facility as a facility for the provision of library services.
(3) ''Library service'' means the performance of all activities of a
library relating to the collection and organization of library materials
and to making the materials and information of a library available to a
clientele.
(4) ''Library services for the physically handicapped'' means the
providing of library services, through public or other nonprofit
libraries, agencies, or organizations, to physically handicapped persons
(including the blind and other visually handicapped) certified by
competent authority as unable to read or to use conventional printed
materials as a result of physical limitations.
(5) ''Public library'' means a library that serves free of charge all
residents of a community, district, or region, and receives its
financial support in whole or in part from public funds. Such term also
includes a research library, which, for the purposes of this sentence,
means a library which --
(A) makes its services available to the public free of charge;
(B) has extensive collections of books, manuscripts, and other
materials suitable for scholarly research which are not available to the
public through public libraries;
(C) engages in the dissemination of humanistic knowledge through
services to readers, fellowships, educational and cultural programs,
publication of significant research, and other activities; and
(D) is not an integral part of an institution of higher education.
(6) ''Public library services'' means library services furnished by a
public library free of charge.
(7) ''State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands,
the Northern Mariana Islands, Palau /1/ (until the Compact of Free
Association with Palau takes effect pursuant to section 101(a) of Public
Law 99-658).
(8) ''State Advisory Council on Libraries'' means an advisory council
for the purposes of clause (3) of section 351d(a) of this title which
shall --
(A) be broadly representative of the public, school, academic,
special, and institutional libraries, and libraries serving the
handicapped, in the State and of persons using such libraries, including
disadvantaged persons within the State;
(B) advise the State library administrative agency on the development
of, and policy matters arising in the administration of, the State plan;
and
(C) assist the State library administrative agency in the evaluation
of activities assisted under this chapter;
(9) ''State institutional library services'' means the providing of
books and other library materials, and of library services, to (A)
inmates, patients, or residents of penal institutions, reformatories,
residential training schools, orphanages, or general or special
institutions or hospitals operated or substantially supported by the
State, or (B) students in residential schools for the physically
handicapped (including mentally retarded, hearing impaired, speech
impaired, visually handicapped, seriously emotionally disturbed,
orthopedically impaired, or other health impaired persons who by reason
thereof require special education) operated or substantially supported
by the State.
(10) ''State library administrative agency'' means the official
agency of a State charged by law of that State with the extension and
development of public library services throughout the State, which has
adequate authority under law of the State to administer State plans in
accordance with the provisions of this chapter.
(11) ''Basic State plan'' means the document which gives assurances
that the officially designated State library administrative agency has
the fiscal and legal authority and capability to administer all aspects
of this chapter; provides assurances for establishing the State's
policies, priorities, criteria, and procedures necessary to the
implementation of all programs under provisions of this chapter; and
submits copies for approval as required by regulations promulgated by
the Secretary.
(12) ''Long-range program'' means the comprehensive program of not
less than three nor more than five years which identifies a State's
library needs and sets forth the activities to be taken toward meeting
the identified needs supported with the assistance of Federal funds made
available under this chapter. Such long-range programs shall be
developed by the State library administrative agency and shall specify
the State's policies, criteria, priorities, and procedures consistent
with this chapter as required by the regulations promulgated by the
Secretary and shall be updated as library progress requires.
(13) ''Annual program'' means the projects which are developed and
submitted to describe the specific activities to be carried out annually
toward achieving fulfillment of the long-range program. These annual
programs shall be submitted in such detail as required by regulations
promulgated by the Secretary.
(14) ''Major urban resource library'' means any public library
located in a city having a population of 100,000 or more individuals, as
determined by the Secretary.
(15) ''Indian tribe'' means any Indian tribe, band, nation, or other
organized group or community, including any Alaskan Native village or
regional or village corporation as defined in or established pursuant to
the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which
is recognized by the Secretary of the Interior as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
(16) ''Hawaiian native'' means any individual any of whose ancestors
were natives prior to 1778 in the area which now comprises the State of
Hawaii.
(17) The term ''handicapped individual'' means an individual who is
physically or mentally impaired, visually impaired, or hearing impaired.
(18) The term ''network'' means any local, statewide, regional,
interstate, or international cooperative association of library entities
which provide for the systematic and effective coordination of the
resources of school, public, academic, and special libraries and
information centers for improved supplementary services for the
clientele served by each type of library entity.
(19) The term ''technology enhancement'' means the acquisition,
installation, maintenance, or replacement, of substantial technological
equipment (including library bibliographic automation equipment)
necessary to provide access to information in electronic and other
formats made possible by new information and communications
technologies.
(20) The term ''educationally disadvantaged adult'' has the meaning
given that term in section 1201a(3)(A) of this title.
(21) The term ''adult with limited literacy skills'' means an adult
whose minimal skills in reading, writing, or computation or in
performing basic arithmetical computations preclude the individual from
functioning in society without assistance from others.
(June 19, 1956, ch. 407, 3, as added Dec. 30, 1970, Pub. L. 91-600,
2(b), 84 Stat. 1660; amended Oct. 19, 1973, Pub. L. 93-133, 4(a), 87
Stat. 466; Oct. 7, 1977, Pub. L. 95-123, 4(b), 91 Stat. 1095; Oct.
17, 1984, Pub. L. 98-480, title I, 103(a), (b)(1), 98 Stat. 2237; Nov.
22, 1985, Pub. L. 99-159, title III, 301, 99 Stat. 902; Mar. 15,
1990, Pub. L. 101-254, 2, 16(a), 23(b), 104 Stat. 101, 105, 113;
July 25, 1991, Pub. L. 102-73, title VIII, 802(e)(1), 105 Stat. 361.)
Act of August 12, 1968, commonly known as the ''Architectural
Barriers Act of 1968'', referred to in par. (2), is Pub. L. 90-480,
Aug. 12, 1968, 82 Stat. 718, as amended, which is classified generally
to chapter 51 ( 4151 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 4151 of Title 42 and Tables.
Section 101(a) of Public Law 99-658, referred to in par. (7), is set
out as a note under section 1681 of Title 48, Territories and Insular
Possessions.
The Alaskan Native Claims Settlement Act, referred to in par. (15),
probably means the Alaska Native Claims Settlement Act, Pub. L.
92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified
generally to chapter 33 ( 1601 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see Short Title note
set out under section 1601 of Title 43 and Tables.
1991 -- Par. (7). Pub. L. 102-73, which directed the substitution of
''Palau (until the Compact of Free Association with Palau takes effect
pursuant to section 101(a) of Public Law 99-658)'' for ''or the Trust
Territory of the Pacific Islands'' in subsection (g) of this section,
was executed to par. (7) to reflect the probable intent of Congress.
1990 -- Par. (2). Pub. L. 101-254, 2(1), substituted ''and for the
purchase, lease, and installation of equipment'' for ''and initial
equipment'', ''to ensure safe working environments and to conserve
energy'' for ''to conserve energy'', and ''includes information and
building technologies, video and telecommunications equipment,
machinery'' for ''includes machinery''.
Pars. (17), (18). Pub. L. 101-254, 2(2), added pars. (17) and
(18).
Par. (19). Pub. L. 101-254, 16(a), added par. (19).
Pars. (20), (21). Pub. L. 101-254, 23(b), added pars. (20) and
(21).
1985 -- Par. (12). Pub. L. 99-159, 301(a), substituted ''program of
not less than three nor more than five years'' for ''five-year
program''.
Par. (15). Pub. L. 99-159, 301(b), inserted ''by the Secretary of
the Interior'' after ''recognized'', and struck out '', as determined by
the Secretary after consultation with the Secretary of the Interior''
after ''as Indians''.
1984 -- Par. (1). Pub. L. 98-480, 103(a)(1), substituted
'''Secretary' means the Secretary of Education'' for '''Commissioner'
means the Commissioner of Education''.
Par. (2). Pub. L. 98-480, 103(a)(2), inserted provision that
''construction'' includes remodeling to meet standards under the Act of
August 12, 1968, commonly known as the Architectural Barriers Act of
1968, remodeling designed to conserve energy, renovation or remodeling
to accommodate new technologies, and the purchase of existing historic
buildings for conversion to public libraries.
Par. (7). Pub. L. 98-480, 103(a)(3), inserted reference to the
Northern Mariana Islands.
Par. (9)(B). Pub. L. 98-480, 103(a)(4), substituted ''hearing
impaired'' for ''hard of hearing, deaf'' and ''orthopedically impaired''
for ''crippled''.
Pars. (11) to (14). Pub. L. 98-480, 103(b)(1), substituted
''Secretary'' for ''Commissioner''.
Pars. (15), (16). Pub. L. 98-480, 103(a)(5), added pars. (15) and
(16).
1977 -- Par. (14). Pub. L. 95-123 added par. (14).
1973 -- Par. (5). Pub. L. 93-133 expanded definition of ''Public
library'' to include research libraries.
Section 25 of Pub. L. 101-254 provided that: ''The amendments made
by this Act (enacting sections 351g, 355e-4, 381, 385 to 385e, and 386
to 386g of this title and amending this section and sections 351b to
351e, 352 to 354, 355a to 355c, 355e, 355e-1, 355e-3, 371, and 375 of
this title) shall take effect on October 1, 1990.''
Section 4(b) of Pub. L. 93-133 provided that: ''The amendment made
by subsection (a) (amending this section) shall be effective on June 30,
1973, and only with respect to appropriations for fiscal years beginning
after such date.''
Section effective after June 30, 1971, see section 2(c)(1) of Pub.
L. 91-600, set out as an Effective Date of 1970 Amendment note under
section 351 of this title.
/1/ So in original. Probably should be preceded by ''or''.
20 USC 351b. Authorization and availability of appropriations;
advance funding method
TITLE 20 -- EDUCATION
(a) Authorization and availability
There are authorized to be appropriated --
(1) for the purpose of making grants as provided in subchapter I of
this chapter, $100,000,000 for fiscal year 1990 and such sums as may be
necessary for each of the 4 succeeding fiscal years;
(2) for the purpose of making grants as provided in subchapter II of
this chapter, $55,000,000 for fiscal year 1990 and such sums as may be
necessary for each of the 4 succeeding fiscal years;
(3) for the purpose of making grants as provided in subchapter III of
this chapter, $35,000,000 for fiscal year 1990 and such sums as may be
necessary for each of the 4 succeeding fiscal years;
(4) for the purpose of making grants as provided in subchapter V of
this chapter, $1,000,000 for fiscal year 1990 and such sums as may be
necessary for each of the 4 succeeding fiscal years;
(5) for the purpose of making grants as provided in subchapter VI of
this chapter, $10,000,000 for fiscal year 1990 and such sums as may be
necessary for each of the 4 succeeding fiscal years;
(6) for the purpose of activities as provided in subchapter VII of
this chapter, $500,000 for fiscal year 1990 and such sums as may be
necessary for each of the 4 succeeding fiscal years; and
(7) for the purpose of making grants as provided in subchapter VIII
of this chapter, $6,000,000 for fiscal year 1990 and such sums as may be
necessary for each of the 4 succeeding fiscal years, except that no
amounts are authorized to be appropriated under this paragraph for any
fiscal year unless the total amount appropriated pursuant to paragraphs
(1), (2), and (3) for such fiscal year equals or exceeds sum /1/ of the
total amount appropriated pursuant to such paragraphs for the preceding
fiscal year, plus 4 percent of such total amount.
There shall be available for the purpose of making grants under
subchapter IV of this chapter for each of the fiscal years 1990, 1991,
1992, 1993, and 1994, 1.5 percent of the amount appropriated pursuant to
each of paragraphs (1), (2), and (3) for each such fiscal year. There
shall be available for the purpose of making grants under section
351c(d) of this title for such fiscal years 0.5 percent of the amount
appropriated pursuant to each of such paragraphs for each such fiscal
year.
(b) Availability
Notwithstanding any other provision of law, unless enacted in express
limitation of the provisions of this subsection, any sums appropriated
pursuant to subsection (a) of this section shall (1), in the case of
sums appropriated pursuant to paragraphs (1) and (3) thereof, be
available for obligation and expenditure for the period of time
specified in the Act making such appropriation, and (2), in the case of
sums appropriated pursuant to paragraph (2) thereof, subject to
regulations of the Secretary promulgated in carrying out the provisions
of section 351c(b) of this title, be available for obligation and
expenditure for the year specified in the Appropriation Act and is
authorized to remain available until expended.
(c) Notice of available funding; transition to advance funding
method
(1) For the purpose of affording adequate notice of funding available
under this chapter, appropriations under this chapter are authorized to
be included in an appropriation Act for the fiscal year preceding the
fiscal year for which they are first available for obligation.
(2) In order to effect a transition to the advance funding method of
timing appropriation action, the provisions of this subsection shall
apply notwithstanding that its initial application will result in the
enactment in the same year (whether in the same appropriation Act or
otherwise) of two separate appropriations, one for the then current
fiscal year and one for the succeeding fiscal year.
(June 19, 1956, ch. 407, 4, as added Dec. 30, 1970, Pub. L. 91-600,
2(b), 84 Stat. 1662; amended May 3, 1973, Pub. L. 93-29, title VIII,
801(b), 87 Stat. 58; Oct. 7, 1977, Pub. L. 95-123, 2, 91 Stat. 1095;
Oct. 17, 1984, Pub. L. 98-480, title I, 103(b)(1), 4, 98 Stat. 2237;
Oct. 31, 1988, Pub. L. 100-569, title I, 101, 102 Stat. 2862; Mar. 15,
1990, Pub. L. 101-254, 3, 104 Stat. 101.)
1990 -- Subsec. (a). Pub. L. 101-254, 3(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''There
are authorized to be appropriated --
''(1) for the purpose of making grants as provided in subchapter I,
$75,000,000 for fiscal year 1985, $80,000,000 for fiscal year 1986,
$85,000,000 for fiscal year 1987, $90,000,000 for fiscal year 1988, and
$95,000,000 for fiscal year 1989;
''(2) for the purpose of making grants as provided in subchapter II,
$50,000,000 for each of the fiscal years 1985, 1986, 1987, 1988, and
1989;
''(3) for the purpose of making grants as provided in subchapter III,
$20,000,000 for fiscal year 1985, $25,000,000 for fiscal year 1986,
$30,000,000 for fiscal year 1987, $35,000,000 for fiscal year 1988, and
$30,000,000 for fiscal year 1989;
''(4) for the purpose of making grants as provided in subchapter V,
$1,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989; and
''(5) for the purpose of making grants as provided in subchapter VI,
$5,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989.
There shall be available for the purpose of making grants under
subchapter IV for each of the fiscal years 1985, 1986, 1987, 1988, and
1989, 1.5 per centum of the amount appropriated pursuant to each of
clauses (1), (2), and (3) for each such fiscal year. There shall be
available for the purpose of making grants under section 351c(d) of this
title for such fiscal years 0.5 per centum of the amount appropriated
pursuant to each of such clauses for each such fiscal year.''
Subsec. (b). Pub. L. 101-254, 3(b), which directed substitution of
''and is authorized to remain available until expended'' for ''and for
the next succeeding fiscal year'', was executed by making the
substitution for ''and for the next succeeding year'' to reflect the
probable intent of Congress.
1988 -- Subsec. (a)(4), (5). Pub. L. 100-569 substituted ''1989''
for ''1988''.
1984 -- Subsec. (a). Pub. L. 98-480, 4(a), inserted provision
following numbered paragraphs making available for the purpose of making
grants under subchapter IV of this chapter for each of the fiscal years
1985, 1986, 1987, 1988, and 1989, 1.5 per centum of the amount
appropriated pursuant to each of pars. (1), (2), and (3) for each such
fiscal year, and making available for the purpose of making grants under
section 351c(d) of this title for such fiscal years 0.5 per centum of
the amount appropriated pursuant to each of such pars. for each such
fiscal year.
Subsec. (a)(1). Pub. L. 98-480, 4(a), substituted provisions
authorizing appropriations of $75,000,000 for fiscal year 1985,
$80,000,000 for fiscal year 1986, $85,000,000 for fiscal year 1987,
$90,000,000 for fiscal year 1988, and $95,000,000 for fiscal year 1989
for provisions authorizing appropriations of $112,000,000 for fiscal
year ending June 30, 1972, $117,600,000 for fiscal year ending June 30,
1973, $123,500,000 for fiscal year ending June 30, 1974, $129,675,000
for fiscal year ending June 30, 1975, $137,150,000 for fiscal year
ending June 30, 1976, $110,000,000 for fiscal year 1978, $140,000,000
for fiscal year 1979, and $150,000,000 for fiscal year 1980 and each of
the two succeeding fiscal years.
Subsec. (a)(2). Pub. L. 98-480, 4(a), substituted provisions
authorizing appropriations of $50,000,000 for each of fiscal years 1985,
1986 1987, 1988, and 1989 for provisions authorizing appropriations of
$80,000,000 for fiscal year ending June 30, 1972, $84,000,000 for fiscal
year ending June 30, 1973, $88,000,000 for fiscal year ending June 30,
1974, $92,500,000 for fiscal year ending June 30, 1975, $97,000,000 for
fiscal year ending June 30, 1976, and such sums as necessary for fiscal
year 1978 through fiscal year 1981, and $97,000,000 for fiscal year
1982.
Subsec. (a)(3). Pub. L. 98-480, 4(a), substituted provisions
authorizing appropriations of $20,000,000 for fiscal year 1985,
$25,000,000 for fiscal year 1986, $30,000,000 for fiscal year 1987,
$35,000,000 for fiscal year 1988, and $30,000,000 for fiscal year 1989
for provisions which had authorized appropriations of $15,000,000 for
fiscal year ending June 30, 1972, $15,750,000 for fiscal year ending
June 30, 1973, $16,500,000 for fiscal year ending June 30, 1974,
$17,300,000 for fiscal year ending June 30, 1975, $18,200,000 for fiscal
year ending June 30, 1976, $15,000,000 for fiscal year 1978, and
$20,000,000 for fiscal year 1979 and each of the three succeeding fiscal
years.
Subsec. (a)(4). Pub. L. 98-480, 4(a), substituted provisions
authorizing appropriations of $1,000,000 for each of fiscal years 1985,
1986, 1987, and 1988 for purpose of making grants as provided in
subchapter V of this chapter for provisions which had authorized
appropriation of such sums as necessary for each fiscal year ending
prior to Oct. 1, 1982, for purpose of making grants to States to enable
them to carry out public library service programs for older persons
authorized by former provisions of subchapter IV of this chapter.
Subsec. (a)(5). Pub. L. 98-480, 4(a), added par. (5).
Subsec. (b). Pub. L. 98-480, 103(b)(1), substituted ''Secretary''
for ''Commissioner''.
Subsec. (c). Pub. L. 98-480, 4(b), added subsec. (c).
1977 -- Subsec. (a)(1). Pub. L. 95-123, 2(a), inserted provisions
authorizing appropriations of $110,000,000 for fiscal year 1978,
$140,000,000 for fiscal year 1979, and $150,000,000 for fiscal year 1980
and each of two succeeding fiscal years.
Subsec. (a)(2). Pub. L. 95-123, 2(b), inserted provisions
authorizing appropriations of such sums as may be necessary for fiscal
year 1978 through fiscal year 1981, and $97,000,000 for fiscal year
1982.
Subsec. (a)(3). Pub. L. 95-123, 2(c), inserted provisions
authorizing appropriations of $15,000,000 for fiscal year 1978, and
$20,000,000 for fiscal year 1979 and each of three succeeding fiscal
years.
Subsec. (a)(4). Pub. L. 95-123, 2(d), substituted ''for each fiscal
year ending prior to October 1, 1982'' for ''for the fiscal year ending
June 30, 1973, the fiscal year ending June 30, 1974, the fiscal year
ending June 30, 1975, and the fiscal year ending June 30, 1976''.
1973 -- Subsec. (a)(4). Pub. L. 93-29 added par. (4).
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Section 801(e) of Pub. L. 93-29 provided that: ''The amendments
made by subsections (a), (b), and (c) (enacting subchapter IV of this
chapter and amending this section and sections 351c and 351d of this
title) of this section shall be effective after June 30, 1973.''
Section effective after June 30, 1971, see section 2(c)(1) of Pub.
L. 91-600, set out as an Effective Date of 1970 Amendment note under
section 351 of this title.
/1/ So in original. Probably should be ''the sum''.
20 USC 351c. Allotments to States and Indian tribes
TITLE 20 -- EDUCATION
(a) Minimum allotments; population basis for distribution of
remaining funds
(1) From the sums appropriated pursuant to clause (1), (2), or (3) of
section 351b(a) of this title for any fiscal year, the Secretary shall
allot the minimum allotment, as determined under paragraph (3) of this
subsection, to each State. Any sums remaining after minimum allotments
have been made shall be allotted in the manner set forth in paragraph
(2) of this subsection.
(2) From the remainder of any sums appropriated pursuant to clause
(1), (2), or (3) of section 351b(a) of this title for any fiscal year,
the Secretary shall allot to each State such part of such remainder as
the population of the State bears to the population of all the States.
(3) For the purposes of this subsection, the ''minimum allotment''
shall be --
(A) with respect to appropriations for the purposes of subchapter I
of this chapter, $200,000 for each State, except that it shall be
$40,000 in the case of Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, Palau /1/ (until the Compact of Free
Association with Palau takes effect pursuant to section 101(a) of Public
Law 99-658);
(B) with respect to appropriations for the purposes of subchapter II
of this chapter, $100,000 for each State, except that it shall be
$20,000 in the case of Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, Palau /1/ (until the Compact of Free
Association with Palau takes effect pursuant to section 101(a) of Public
Law 99-658); and
(C) with respect to appropriations for the purposes of subchapter III
of this chapter, $40,000 for each State, except that it shall be $10,000
in the case of Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, Palau /1/ (until the Compact of Free Association with
Palau takes effect pursuant to section 101(a) of Public Law 99-658).
If the sums appropriated pursuant to clause (1), (2), or (3) of
section 351b(a) of this title for any fiscal year are insufficient to
fully satisfy the aggregate of the minimum allotments for that purpose,
each of such minimum allotments shall be reduced ratably.
(4) The population of each State and of all the States shall be
determined by the Secretary on the basis of the most recent satisfactory
data available to him.
(b) Reallotment of funds
The amount of any State's allotment under subsection (a) of this
section for any fiscal year from any appropriation made pursuant to
clause (1), (2), or (3) /2/ of section 351b(a) of this title which the
Secretary deems will not be required for the period and the purpose for
which such allotment is available for carrying out the State's annual
program shall be available for reallotment from time to time on such
dates during such year as the Secretary shall fix. Such amount shall be
available for reallotment to other States in proportion to the original
allotments for such year to such States under subsection (a) of this
section but with such proportionate amount for any of such other State
being reduced to the extent that it exceeds the amount which the
Secretary estimates the State needs and will be able to use for such
period of time for which the original allotments were made and the total
of such reductions shall be similarly reallotted among the States not
suffering such a reduction. Any amount reallotted to a State under this
subsection for any fiscal year shall be deemed to be a part of its
allotment for such year pursuant to subsection (a) of this section.
(c) Indian tribes
(1) From one-half of the sums available pursuant to the second
sentence of section 351b(a) of this title for any fiscal year, the
Secretary shall allot an equal amount to each Indian tribe that submits
an approved application under section 363 of this title.
(2) From the remaining one-half of the sums available pursuant to
such second sentence, the Secretary shall make allocations to Indian
tribes that (A) are receiving an allocation under paragraph (1) of this
subsection for such fiscal year; and (B) have submitted approved
applications under section 364 of this title.
(3) In making allocations under paragraph (2) --
(A) no funds shall be allocated to an Indian tribe unless such funds
will be administered by a librarian; and
(B) the Secretary shall take into account the needs of Indian tribes
for such allocations to carry out the activities described in section
362(b) of this title.
(4) In making allocations under this subsection, the Secretary shall
take such actions as may be necessary to prevent an allocation from
being received to serve the same population by any 2 or more of the
following entities (as defined in or established pursuant to the Alaskan
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)): an Alaskan
native village, a regional corporation, or a village corporation.
(d) Organization serving and representing Hawaiian natives
(1) From the sums available pursuant to the last sentence of section
351b(a) of this title for any fiscal year, the Secretary shall make
grants to organizations primarily serving and representing Hawaiian
natives that are recognized by the Governor of the State of Hawaii.
(2) Grants under this subsection shall be made on the basis of
applications and plans submitted by such organizations that are
consistent with the requirements imposed pursuant to sections 362(b),
363, and 364 of this title. Funds made available by grants under this
subsection may be used for the purposes specified in clauses (1) through
(8) of section 362(a) of this title, to contract to provide public
library services to Native Hawaiians, and to carry out any other
activities authorized under this sentence by contract. Section 362(c)
of this title shall apply with respect to the cultural materials of
Hawaiian natives. The Secretary shall issue criteria for the approval
of applications and plans but the criteria may not include an allotment
formula and may not contain a matching of funds requirement.
(June 19, 1956, ch. 407, 5, as added Dec. 30, 1970, Pub. L. 91-600,
2(b), 84 Stat. 1662; amended May 3, 1973, Pub. L. 93-29, title VIII,
801(c), 87 Stat. 58; Oct. 17, 1984, Pub. L. 98-480, title I,
103(b)(1), 105, 98 Stat. 2237, 2238; Nov. 22, 1985, Pub. L. 99-159,
title III, 302(a), 99 Stat. 902; Mar. 15, 1990, Pub. L. 101-254,
4(a), 22(b), 104 Stat. 102, 107; July 25, 1991, Pub. L. 102-73, title
VIII, 802(e)(2), 105 Stat. 361.)
Section 101(a) of Public Law 99-658, referred to in subsec.
(a)(3)(A) to (C), is set out as a note under section 1681 of Title 48,
Territories and Insular Possessions.
The Alaskan Native Claims Settlement Act, referred to in subsec.
(c)(4), probably means the Alaska Native Claims Settlement Act, Pub. L.
92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified
generally to chapter 33 ( 1601 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see Short Title note
set out under section 1601 of Title 43 and Tables.
Another section 801(c) of Pub. L. 93-29 amended section 351d(a) of
this title. See 1973 Amendment note set out under section 351d of this
title.
1991 -- Subsec. (a)(3)(A) to (C). Pub. L. 102-73 substituted
''Palau (until the Compact of Free Association with Palau takes effect
pursuant to section 101(a) of Public Law 99-658)'' for ''and the Trust
Territory of the Pacific Islands''.
1990 -- Subsec. (a)(5). Pub. L. 101-254, 22(b), struck out par.
(5) which authorized appropriation of funds directly or by grants or
contracts for evaluation of programs authorized by this chapter.
Subsec. (c). Pub. L. 101-254, 4(a), amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows:
''(1) From the sums available pursuant to the second sentence of
section 351b(a) of this title for any fiscal year, the Secretary shall
allot an equal amount to each Indian tribe. Grants from such allotted
amounts shall be made to Indian tribes which have submitted approved
applications under section 363 of this title.
''(2) Any allotted funds for which an Indian tribe does not apply, or
applies but does not qualify, shall be reallocated by the Secretary
among Indian tribes which have submitted approved plans under section
364 of this title. In making such allocations (A) no funds shall be
allocated to an Indian tribe unless such funds will be administered by a
librarian, and (B) the Secretary shall take into account the needs of
Indian tribes for such allocations to carry out the activities described
in section 362(b) of this title.''
1985 -- Subsec. (d)(2). Pub. L. 99-159 inserted reference to section
362(b) of this title, inserted provisions respecting the use of funds
for public library services and for other contracted activities, and
inserted provisions requiring issuance of criteria for approval of
applications and plans.
1984 -- Subsec. (a)(1). Pub. L. 98-480, 103(b)(1), 105(2),
substituted ''clause (1), (2), or (3)'' for ''paragraph (1), (2), (3),
or (4)'' and ''Secretary'' for ''Commissioner''.
Subsec. (a)(2). Pub. L. 98-480, 103(b)(1), 105(2), substituted
''clause (1), (2), or (3)'' for ''paragraph (1), (2), (3), or (4)'' and
''Secretary'' for ''Commissioner''.
Subsec. (a)(3). Pub. L. 98-480, 105(2), substituted ''clause (1),
(2), or (3)'' for ''paragraph (1), (2), (3), or (4)'' in last sentence.
Subsec. (a)(3)(A) to (C). Pub. L. 98-480, 105(3), inserted ''the
Northern Mariana Islands,'' after ''the Virgin Islands,''.
Subsec. (a)(3)(D). Pub. L. 98-480, 105(4), struck out subpar. (D)
which provided for a minimum allotment of $40,000 for each State, except
that such allotment would be $10,000 in the case of Guam, American
Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands, with respect to appropriations for the purposes of subchapter
IV of this chapter.
Subsec. (a)(4). Pub. L. 98-480, 103(b)(1), substituted ''Secretary''
for ''Commissioner''.
Subsec. (b). Pub. L. 98-480, 105(5), which directed that subsec.
(b) be amended by substituting ''clause (1), (2), or (3)'' for
''paragraph (1), (2), or (3)'' was executed by substituting ''clause
(1), (2), or (3)'' for ''paragraph (1), (2), (3), or (4)'' as the
probable intent of Congress.
Pub. L. 98-480, 103(b)(1), substituted ''Secretary'' for
''Commissioner'' in three places.
Subsecs. (c), (d). Pub. L. 98-480, 105(6), added subsecs. (c) and
(d).
1973 -- Subsec. (a). Pub. L. 93-29, 801(c)(1)-(4), inserted
reference to par. (4) of section 351b(a) of this title in pars. (1),
(2), and (3)(last sentence), and added subpar. (D) to par. (3).
Subsec. (b). Pub. L. 93-29, 801(c)(5), inserted reference to par.
(4) of section 351b(a) of this title.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Amendment by Pub. L. 93-29 effective after June 30, 1973, see
section 801(e) of Pub. L. 93-29, set out as an Effective Date note
under section 351b of this title.
Section effective after June 30, 1971, see section 2(c)(1) of Pub.
L. 91-600, set out as an Effective Date of 1970 Amendment note under
section 351 of this title.
/1/ So in original. Probably should be preceded by ''and''.
/2/ See 1984 Amendment note below.
20 USC 351d. Plans and programs
TITLE 20 -- EDUCATION
(a) Prerequisites for allotment of basic State plan in effect,
submission of annual program, and establishment of State Advisory
Council on Libraries
Any State desiring to receive its allotment for any purpose under
this chapter for any fiscal year shall (1) have in effect for such
fiscal year a basic State plan as defined in section 351a(11) of this
title and meeting the requirements set forth in subsection (b) of this
section, (2) submit an annual program as defined in section 351a(13) of
this title for the purposes for which allotments are desired, meeting
the appropriate requirements set forth in subchapters I, II, and III of
this chapter, and shall submit (no later than July 1, 1972) a long-range
program as defined in section 351a(12) of this title for carrying out
the purposes of this chapter as specified in subsection (d) of this
section, and (3) establish a State Advisory Council on Libraries which
meets the requirements of section 351a(8) of this title.
(b) Provisions of plan
A basic State plan under this chapter shall --
(1) provide for the administration, or supervision of the
administration, of the programs authorized by this chapter by the State
library administrative agency;
(2) provide that any funds paid to the State in accordance with a
long-range program and an annual program shall be expended solely for
the purposes for which funds have been authorized and appropriated and
that such fiscal control and fund accounting procedures have been
adopted as may be necessary to assure proper disbursement of, and
account for, Federal funds paid to the State (including any such funds
paid by the State to any other agency) under this chapter;
(3) provide satisfactory assurance that the State agency
administering the plan (A) will make such reports, in such form and
containing such information, as the Secretary may reasonably require to
carry out his functions under this chapter and to determine the extent
to which funds provided under this chapter have been effective in
carrying out its purposes, including reports of evaluations made under
the State plans, and (B) will keep such records and afford such access
thereto as the Secretary may find necessary to assure the correctness
and verification of such reports;
(4) provide assurances that libraries within the State that receive
funds under this chapter shall not discriminate on the basis of race,
religion, age, gender, national origin, or handicapping condition in
providing space for public meetings; and
(5) provide that priority will be given to programs and projects --
(A) that improve access to public library resources and services for
the least served populations in the State, including programs for
individuals with limited English-speaking proficiency (as defined in
section 703(a) of the Bilingual Education Act) /1/ or handicapping
conditions, and programs and projects in urban and rural areas;
(B) that serve the elderly;
(C) that are designed to combat illiteracy; and
(D) that increase services and access to services through effective
use of technology.
(c) Approval of basic State plan by Secretary
(1) The Secretary shall not approve any basic State plan pursuant to
this chapter for any fiscal year unless --
(A) the plan fulfills the conditions specified in section 351a(11) of
this title and subsection (b) of this section and the appropriate
subchapters of this chapter;
(B) he has made specific findings as to the compliance of such plan
with requirements of this chapter and he is satisfied that adequate
procedures are subscribed to therein insure that any assurances and
provisions of such plan will be carried out.
(2) The State plan shall be made public as finally approved.
(3) The Secretary shall not finally disapprove any basic State plan
submitted pursuant to subsection (a)(1) of this section, or any
modification thereof, without first affording the State reasonable
notice and opportunity for hearing.
(d) Long-range State programs; development; provisions
The long-range program of any State for carrying out the purposes of
this chapter shall be developed in consultation with the Secretary and
shall --
(1) set forth a program under which the funds received by the State
under the programs authorized by this chapter will be used to carry out
a long-range program of library services, construction, and interlibrary
cooperation and resource sharing covering a period of not less than
three nor more than five years;
(2) be annually reviewed and revised in accordance with changing
needs for assistance under this chapter and the results of the
evaluation and surveys of the State library administrative agency;
(3) set forth policies and procedures (A) for the periodic evaluation
of the effectiveness of programs and projects supported under this
chapter, and (B) for appropriate dissemination of the results of such
evaluations and other information pertaining to such programs or
projects; and
(4) set forth effective policies and procedures for the coordination
of programs and projects supported under this chapter with library
programs and projects operated by institutions of higher education or
local elementary or secondary schools and with other public or private
library services programs.
Such program shall be developed with advice of the State advisory
council and in consultation with the Secretary and shall be made public
as it is finally adopted.
(e) Termination or limitation of payments to States by Secretary;
procedure; grounds
Whenever the Secretary, after reasonable notice and opportunity for
hearing to the State agency administering a program submitted under this
chapter, finds --
(1) that the program has been so changed that it no longer complies
with the provisions of this chapter, or
(2) that in the administration of the program there is a failure to
comply substantially with any such provisions or with any assurance or
other provision contained in the basic State plan,
then, until he is satisfied that there is no longer any such failure
to comply, after appropriate notice to such State agency, he shall make
no further payments to the State under this chapter or shall limit
payments to programs or projects under, or parts of, the programs not
affected by the failure, or shall require that payments by such State
agency under this chapter shall be limited to local or other public
library agencies not affected by the failure.
(f) Judicial review of Secretary's final actions; procedure
(1) If any State is dissatisfied with the Secretary's final action
with respect to the approval of a plan submitted under this chapter or
with his final action under subsection (e) of this section 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 Secretary. The
Secretary 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.
(2) The findings of fact by the Secretary, if supported by
substantial evidence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary to take further
evidence, and the Secretary may thereupon take new or modified findings
of fact and may modify his previous action, and shall certify to the
court the record of further proceedings.
(3) The court shall have jurisdiction to affirm the action of the
Secretary 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.
(g) Indian tribes; allotments and allocations
(1) Any Indian tribe desiring to receive its allotment under section
351c(c)(1) of this title shall submit an application to the Secretary in
accordance with section 363 of this title.
(2) Any Indian tribe desiring to receive an additional allocation
under section 351c(c)(2) of this title in the same fiscal year in which
it has received an allocation under section 351c(c)(1) of this title
shall submit a plan in accordance with section 364 of this title.
(h) Resource sharing coordination
The Secretary shall coordinate programs under subchapters V and VI of
this chapter with the programs assisted by subchapters I, II, and III of
this chapter, and shall provide to the head of the State library
administrative agency the opportunity to comment on any application for
a grant under subchapter V or VI of this chapter prior to the awarding
of the grant, in order to assure that such grants from the Secretary are
for purposes consistent with the long-range program required under
subsection (d) of this section.
(June 19, 1956, ch. 407, 6, as added Dec. 30, 1970, Pub. L. 91-600,
2(b), 84 Stat. 1663; amended May 3, 1973, Pub. L. 93-29, title VIII,
801(c), 87 Stat. 59; Aug. 21, 1974, Pub. L. 93-380, title VIII,
841(b), 88 Stat. 609; Oct. 17, 1984, Pub. L. 98-480, title I, 103(b),
106, 98 Stat. 2237, 2239; Nov. 22, 1985, Pub. L. 99-159, title III,
302(b), 99 Stat. 903; Mar. 15, 1990, Pub. L. 101-254, 4(b)-6, 104
Stat. 102, 103.)
Section 703(a) of the Bilingual Education Act, referred to in subsec.
(b)(5)(A), is section 703(a) of Pub. L. 89-10, title VII, as added by
Pub. L. 95-561, title VII, 701, Nov. 1, 1978, 92 Stat. 2269, as
amended, which was classified to section 3223(a) of this title prior to
the complete revision of Pub. L. 89-10 by Pub. L. 100-297, Apr. 28,
1988, 102 Stat. 140. For provisions defining ''limited English
proficiency'', see section 3283 of this title.
Another section 801(c) of Pub. L. 93-29 amended section 351c of this
title. See 1973 Amendment note set out under section 351c of this
title.
1990 -- Subsec. (b)(4), (5). Pub. L. 101-254, 5, added par. (4)
and redesignated former par. (4) as (5).
Subsec. (d)(1). Pub. L. 101-254, 6(1), substituted '', construction,
and interlibrary cooperation and resource sharing'' for ''and
construction''.
Subsec. (g)(2). Pub. L. 101-254, 4(b), inserted ''in the same fiscal
year in which it has received an allocation under section 351c(c)(1) of
this title'' after ''section 351c(c)(2) of this title''.
Subsec. (h). Pub. L. 101-254, 6(2), added subsec. (h).
1985 -- Subsec. (b)(4)(A). Pub. L. 99-159 inserted reference to
section 3223(a) of this title.
1984 -- Subsec. (a). Pub. L. 98-480, 106(2), substituted
''subchapters I, II, and III'' for ''subchapters I, II, III, and IV''.
Subsec. (b)(3). Pub. L. 98-480, 103(b)(1), substituted ''Secretary''
for ''Commissioner'' in two places.
Subsec. (b)(4). Pub. L. 98-480, 106(3), substituted provisions
enumerating the types of programs and projects to be given priority by a
State plan under this chapter for provisions which required that the
State plan under this chapter set forth the criteria to be used in
determining the adequacy of public library services in geographical
areas and for groups of persons in the State, including criteria
designed to assure that priority would be given to programs or projects
which served urban and rural areas with high concentrations of
low-income families, and to programs and projects which served areas
with high concentrations of persons of limited English-speaking ability
(as defined in section 3223(a) of this title).
Subsecs. (c)(1), (3), (d), (e). Pub. L. 98-480, 103(b)(1),
substituted ''Secretary'' for ''Commissioner'' wherever appearing.
Subsec. (f). Pub. L. 98-480, 103(b), substituted ''Secretary's'' for
''Commissioner's'' in par. (1) and substituted ''Secretary'' for
''Commissioner'' two places in par. (1), three places in par. (2), and
in par. (3).
Subsec. (g). Pub. L. 98-480, 106(4), added subsec. (g).
1974 -- Subsec. (b)(4). Pub. L. 93-380 required basic State plan to
include criteria to assure that priority will be given to programs and
projects which serve areas with high concentrations of persons of
limited English-speaking ability (as defined in section 880b-1(a) of
this title).
1973 -- Subsec. (a). Pub. L. 93-29 inserted reference to subchapter
IV of this chapter.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Amendment by Pub. L. 93-380 effective on and after July 1, 1974, see
section 841(c) of Pub. L. 93-380.
Amendment by Pub. L. 93-29 effective after June 30, 1973, see
section 801(e) of Pub. L. 93-29, set out as an Effective Date note
under section 351b of this title.
Section effective after June 30, 1971, see section 2(c)(1) of Pub.
L. 91-600, set out as an Effective Date of 1970 Amendment note under
section 351 of this title.
/1/ See References in Text note below.
20 USC 351e. Payments
TITLE 20 -- EDUCATION
(a) Prerequisites for payment
From the allotments available therefor under section 351c of this
title from appropriations pursuant to clause (1), (2), or (3) of section
351b(a) of this title, the Secretary shall pay to each State which has a
basic State plan approved under section 351d(a)(1) of this title, an
annual program and a long-range program as defined in section 351a(12)
and (13) of this title an amount equal to the Federal share of the total
sums expended by the State and its political subdivisions in carrying
out such plan, except that no payments shall be made from appropriations
pursuant to such paragraph (1) for the purposes of subchapter I of this
chapter to any State (other than Palau (until the Compact of Free
Association with Palau takes effect pursuant to section 101(a) of Public
Law 99-658)) for any fiscal year unless the Secretary determines that --
(1) there will be available from State and local sources for
expenditure under the programs, during the fiscal year for which the
allotment is made, an amount that equals or exceeds the amount required
to provide the State percentage as required by subsection (b) of this
section; and
(2)(A) there will be available for expenditure for State aid to
public libraries and library systems, during the fiscal year for which
the allotment is made, an aggregate amount equal to 90 percent of the
amount actually expended for such purposes in the second preceding
fiscal year; and
(B) there will be available for expenditure, during the fiscal year
for which the allotment is made, for the State library administrative
agency, or for the part thereof charged by State law with the extension
and development of public library services throughout the State, an
aggregate amount equal to 90 percent of the amount actually expended for
such purpose in the second preceding fiscal year.
The Secretary may, in accordance with regulations, waive the
requirements of paragraph (2) of this subsection, if the Secretary
determines that the application of such paragraph would be unjust or
unreasonable in the light of exceptional extenuating circumstances.
(b) Federal share; promulgation by Secretary
(1) For the purpose of this section, the ''Federal share'' for any
State shall be, except as is provided otherwise in subchapter III of
this chapter, 100 per centum less the State percentage, and the State
percentage shall be that percentage which bears the same ratio to 50 per
centum as the per capita income of such State bears to the per capita
income of all the States (excluding Puerto Rico, Guam, American Samoa,
and /1/ the Northern Mariana Islands /2/ the Virgin Islands, the
Commonwealth of the Northern Mariana Islands /2/ and Palau (until the
Compact of Free Association with Palau takes effect pursuant to section
101(a) of Public Law 99-658)), except that (A) the Federal share shall
in no case be more than 66 per centum, or less than 33 per centum, and
(B) the Federal share for Puerto Rico, Guam, American Samoa, and /1/ the
Northern Mariana Islands /2/ and the Virgin Islands shall be 66 per
centum, and (C) the Federal share for the Commonwealth of the Northern
Mariana Islands and Palau (until the Compact of Free Association with
Palau takes effect pursuant to section 101(a) of Public Law 99-658)
shall be 100 per centum.
(2) The ''Federal share'' for each State shall be promulgated by the
Secretary within sixty days after the beginning of the fiscal year
ending June 30, 1971, and of every second fiscal year thereafter, on the
basis of the average per capita incomes of each of the States and of all
the States (excluding Puerto Rico, Guam, American Samoa, the Virgin
Islands, the Northern Mariana Islands, the Commonwealth of the Northern
Mariana Islands /2/ and Palau (until the Compact of Free Association
with Palau takes effect pursuant to section 101(a) of Public Law
99-658)), for the three most recent consecutive years for which
satisfactory data are available to him from the Department of Commerce.
Such promulgation shall be conclusive for each of the two fiscal years
beginning after the promulgation.
(c) Indian tribes
From the sums available pursuant to the second sentence of section
351b(a) of this title, the Secretary shall pay to each Indian tribe
which has an approved application under section 363 of this title an
amount equal to such tribe's allotment under section 351c(c)(1) of this
title and shall pay to each Indian tribe which has an approved plan
under section 364 of this title an amount equal to such tribe's
additional allocation under section 351d(g)(2) of this title, except
that such additional allocation shall not exceed 80 percent of the cost
of carrying out such plan.
(June 19, 1956, ch. 407, 7, as added Dec. 30, 1970, Pub. L. 91-600,
2(b), 84 Stat. 1665; amended May 3, 1973, Pub. L. 93-29, title VIII,
801(d), 87 Stat. 59; Oct. 17, 1984, Pub. L. 98-480, title I,
103(b)(1), 107, 98 Stat. 2237, 2239; Mar. 15, 1990, Pub. L. 101-254,
7(a), 104 Stat. 103; July 25, 1991, Pub. L. 102-73, title VIII,
802(e)(3), (4), 105 Stat. 361, 362.)
Section 101(a) of Public Law 99-658, referred to in subsecs. (a) and
(b), is set out as a note under section 1681 of Title 48, Territories
and Insular Possessions.
1991 -- Subsec. (a). Pub. L. 102-73, 802(e)(3), substituted ''Palau
(until the Compact of Free Association with Palau takes effect pursuant
to section 101(a) of Public Law 99-658)'' for ''the Trust Territory of
the Pacific Islands''.
Subsec. (b). Pub. L. 102-73, 802(e)(4), substituted ''the
Commonwealth of the Northern Mariana Islands and Palau (until the
Compact of Free Association with Palau takes effect pursuant to section
101(a) of Public Law 99-658)'' for ''and the Trust Territory of the
Pacific Islands'' wherever appearing and, in subsec. (b)(1)(C), was
executed as a substitution for ''the Trust Territory of the Pacific
Islands'' to reflect the probable intent of Congress.
1990 -- Subsec. (a). Pub. L. 101-254 inserted pars. (1) and (2) and
concluding sentence and struck out former pars. (1) and (2) which read
as follows:
''(1) there will be available for expenditure under the programs from
State and local sources during the fiscal year for which the allotment
is made --
''(A) sums sufficient to enable the State to receive for the purpose
of carrying out the programs payments in an amount not less than the
minimum allotment for that State for the purpose, and
''(B) not less than the total amount actually expended, in the areas
covered by the programs for such year, for the purposes of such programs
from such sources in the second preceding fiscal year; and
''(2) there will be available for expenditure for the purposes of the
programs from State sources during the fiscal year for which the
allotment is made not less than the total amount actually expended for
such purposes from such sources in the second preceding fiscal year.''
1984 -- Subsec. (a). Pub. L. 98-480, 103(b)(1), 107(2),
substituted ''clause (1), (2), or (3)'' for ''paragraph (1), (2), (3),
or (4)'' and ''Secretary'' for ''Commissioner'' in two places.
Subsec. (b)(1). Pub. L. 98-480, 107(3), (4), substituted
''subchapter III'' for ''subchapter III and subchapter IV'' and inserted
''and the Northern Mariana Islands'' after ''American Samoa,'' in two
places.
Subsec. (b)(2). Pub. L. 98-480, 103(b)(1), 107(5), substituted
''Secretary'' for ''Commissioner'' and inserted ''the Northern Mariana
Islands,'' after ''the Virgin Islands,''.
Subsec. (c). Pub. L. 98-480, 107(6), added subsec. (c).
1973 -- Subsec. (a). Pub. L. 93-29, 801(d)(1), inserted reference
to par. (4) of section 351(a) of this title.
Subsec. (b)(1). Pub. L. 93-29, 801(d)(2), inserted reference to
subchapter IV of this chapter.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Section effective after June 30, 1971, see section 2(c)(1) of Pub.
L. 91-600, set out as an Effective Date of 1970 Amendment note under
section 351 of this title.
/1/ So in original. The word ''and'' probably should not appear.
/2/ So in original. Probably should be followed by a comma.
20 USC 351f. Administrative costs
TITLE 20 -- EDUCATION
A State may expend funds received under subchapters I and II of this
chapter for administrative costs in connection with programs and
activities carried out under subchapters I, II, and III of this chapter,
but such administrative expenditures under such subchapters for any
fiscal year may not exceed the greater of (1) 6 per centum of the sum of
the amounts allotted to such State under such subchapters for such
fiscal year, or (2) $60,000.
(June 19, 1956, ch. 407, 8, as added Oct. 7, 1977, Pub. L. 95-123,
3(a), 91 Stat. 1095; amended Oct. 17, 1984, Pub. L. 98-480, title I,
108, 98 Stat. 2240.)
1984 -- Pub. L. 98-480 substituted provisions authorizing States to
expend funds received under subchapters I and II for administrative
costs in connection with programs and activities under subchapters I,
II, and III, in amounts not to exceed the greater of 6 percent of the
amounts allotted to such State thereunder for such fiscal year or
$60,000 for provisions which required States to provide matching amounts
for such expenditures from non-Federal sources.
Pub. L. 99-159, title III, 303(a), Nov. 22, 1985, 99 Stat. 903,
provided that: ''The references in section 8 of the Act (20 U.S.C.
351f) to 'such titles' ('such subchapters') mean, and shall be construed
as meaning, the immediately preceding reference to 'titles I, II, and
III' ('subchapters I, II, and III of this chapter').''
20 USC 351g. Education Research Library
TITLE 20 -- EDUCATION
None of the activities or functions of the Department of Education
Research Library which are utilized, directly or indirectly, by the
Secretary in carrying out this chapter and which were not performed by
contractors as of July 26, 1989, shall be contracted out or otherwise
transferred from the Federal Government before September 30, 1991,
unless such transfer is expressly authorized by statute, or unless the
value of all work performed under the contract and related contracts in
each fiscal year does not exceed $50,000.
(June 19, 1956, ch. 407, 9, as added Mar. 15, 1990, Pub. L.
101-254, 8(a), 104 Stat. 104.)
Section effective Oct. 1, 1990, see section 25 of Pub. L. 101-254,
set out as an Effective Date of 1990 Amendment note under section 351a
of this title.
20 USC SUBCHAPTER I -- PUBLIC LIBRARY SERVICES
TITLE 20 -- EDUCATION
20 USC 352. Grants to States for public library services
TITLE 20 -- EDUCATION
The Secretary shall carry out a program of making grants from sums
appropriated pursuant to section 351b(a)(1) of this title to States
which have approved basic State plans under section 351d of this title
and have submitted annual programs under section 354 of this title --
(1) for the extension of public library services to areas and
populations without such services and the improvement of such services
to areas and populations to ensure that such services are adequate to
meet user needs and to make library services accessible to individuals
who, by reason of distance, residence, handicap, age, literacy level, or
other disadvantage, are unable to receive the benefits of public library
services regularly made available to the public;
(2) for adapting public library services to meet particular needs of
individuals within the States;
(3) for assisting libraries to serve as community information
referral centers;
(4) for assisting libraries in providing literacy programs for adults
and school dropouts in cooperation with other agencies and
organizations, if appropriate;
(5) for assisting libraries in developing intergenerational library
programs that will match older adult volunteers with libraries
interested in developing after school /1/ literacy and reading skills
programs for unsupervised school children during afterschool hours;
(6) for assisting libraries in providing mobile library services and
programs to child-care providers or child-care centers which are
licensed or certified by the State, or otherwise meet the requirements
of State law;
(7) to establish and support model library literacy centers,
coordinated by the State library administrative agency with other
interested State agencies and nonprofit organizations to reduce the
number of functionally illiterate individuals and to help them reach
full employment;
(8) for assisting libraries in providing and displaying educational
materials, and conducting community-wide programs, aimed at preventing
and eliminating drug abuse, in cooperation with local education agencies
or other agencies or organizations, if appropriate;
(9) for strengthening State library administrative agencies;
(10) for strengthening major urban resource libraries; and
(11) for assisting public libraries in making effective use of
technology to improve library and information services.
(June 19, 1956, ch. 407, title I, 101, formerly 3, 70 Stat. 293;
Aug. 31, 1960, Pub. L. 86-679, 1, 74 Stat. 571; renumbered and amended
Feb. 11, 1964, Pub. L. 88-269, 1(a)(2), 2, 7(a), 78 Stat. 11-13;
July 19, 1966, Pub. L. 89-511, 3, 80 Stat. 313; Dec. 30, 1970, Pub. L.
91-600, 2(b), 84 Stat. 1666; Oct. 7, 1977, Pub. L. 95-123, 4(c), 91
Stat. 1096; Oct. 17, 1984, Pub. L. 98-480, title I, 103(b)(1), 109,
98 Stat. 2237, 2240; Mar. 15, 1990, Pub. L. 101-254, 9-12, 16(b),
24(2), 104 Stat. 104, 105, 113.)
1990 -- Pub. L. 101-254, 24(2), inserted ''public'' before
''library'' in section catchline.
Par. (5). Pub. L. 101-254, 9(2), added par. (5). Former par. (5)
redesignated (9).
Par. (6). Pub. L. 101-254, 10, added par. (6). Former par. (6)
redesignated (10).
Par. (7). Pub. L. 101-254, 11, added par. (7).
Par. (8). Pub. L. 101-254, 12, added par. (8).
Pars. (9), (10). Pub. L. 101-254, 9(1), redesignated pars. (5) and
(6) as (9) and (10), respectively.
Par. (11). Pub. L. 101-254, 16(b), added par. (11).
1984 -- Pub. L. 98-480, 109, designated part of existing provisions
as pars. (1), (2), (5), and (6), in par. (1) substituted reference to
improvement of services to ensure that such services are adequate to
meet user needs for reference to improvement of services in areas in
which such services are inadequate and reference to handicap, age, and
literacy level for reference to physical handicap, respectively, in par.
(5) substituted reference to strengthening State library administrative
agencies for reference to improving and strengthening library
administrative agencies, and added pars. (3) and (4).
Pub. L. 98-480, 103(b)(1), substituted ''Secretary'' for
''Commissioner''.
1977 -- Pub. L. 95-123 inserted ''and in strengthening major urban
resource libraries'' after ''library administrative agencies''.
1970 -- Pub. L. 91-600 substituted provisions authorizing
Commissioner to make grants to States for public library services for
provisions authorizing appropriations for fiscal year ending June 30,
1967, fiscal year ending June 30, 1968, fiscal year ending June 30,
1969, fiscal year ending June 30, 1970, and fiscal year ending June 30,
1971. See section 351b of this title.
1966 -- Pub. L. 89-511 authorized appropriation of $35,000,000 for
fiscal year ending June 30, 1967, $45,000,000 for fiscal year ending
June 30, 1968, $55,000,000 for fiscal year ending June 30, 1969,
$65,000,000 for fiscal year ending June 30, 1970, $75,000,000 for fiscal
year ending June 30, 1971, and struck out provisions authorizing
appropriations for fiscal years ending between June 30, 1957, and June
30, 1966.
1964 -- Pub. L. 88-269, 1(a)(2), 2, struck out ''rural'' before
''areas''; substituted ''are'' for ''is hereby'' before ''authorized''
and ''next six fiscal years'' for ''nine succeeding fiscal years'' and
inserted '', for the fiscal year ending June 30, 1964, the sum of
$25,000,000, and for each of the next two fiscal years such sums as the
Congress may determine,'' after ''$7,500,000''.
1960 -- Pub. L. 86-679 substituted ''nine succeeding fiscal years''
for ''four succeeding fiscal years''.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Amendment by Pub. L. 91-600 effective after June 30, 1971, see
section 2(c)(1) of Pub. L. 91-600, set out as a note under section 351
of this title.
Section 1(f) of Pub. L. 88-269 provided that: ''The amendment made
by subsection (a)(2) (amending this section) shall apply in the case of
appropriations for fiscal years beginning after June 30, 1964. The
amendments made by subsection (b) (amending section 353 of this title)
shall apply in the case of allotments from appropriations for fiscal
years beginning after June 30, 1964. The amendments made by subsection
(c) (amending section 354 of this title) shall apply in the case of
expenditures under State plans for periods after June 30, 1964. The
amendment made by subsection (e) (amending section 358 of this title)
shall become effective July 1, 1964.''
/1/ So in original. Probably should be ''afterschool''.
20 USC 353. Uses of Federal funds
TITLE 20 -- EDUCATION
(a) Development of programs and projects to extend library services
to physically handicapped, disadvantaged areas, etc.; expanding services
of major urban resource libraries; limitation on grants
Funds appropriated pursuant to paragraph (1) of section 351b(a) of
this title shall be available for grants to States from allotments under
section 351c(a) of this title for the purpose of paying the Federal
share of the cost of carrying out State plans submitted and approved
under sections 351d and 354 of this title. Except as is provided in
subsection (b) of this section, grants to States under this subchapter
may be used solely --
(1) for planning for, and taking other steps leading to the
development of, programs and projects designed to assist libraries to
serve as community centers for information and referral and to extend
and improve library services, as provided in clause (2);
(2) for (A) extending public library services to geographical areas
and groups of persons without such services and improving such services
in such areas and for such groups as may have inadequate public library
services; and (B) establishing, expanding, and operating programs and
projects to provide (i) State institutional library services, (ii)
library services to the physically handicapped, and (iii) library
services for the disadvantaged in urban and rural areas; and (C)
strengthening metropolitan public libraries which serve as national or
regional resource centers; and
(3) for supporting and expanding library services of major urban
resource libraries which, because of the value of the collections of
such libraries to individual users and to other libraries, need special
assistance to furnish services at a level required to meet the demands
made for such services.
No grant may be made under clause (3) of this subsection unless the
major urban resource library provides services to users throughout the
regional area in which such library is located. In carrying out its
program to accomplish the purposes of this subchapter, a State may make
subgrants to library systems or networks which include libraries other
than public libraries, if the purpose of the subgrant is to improve
services for public library patrons.
(b) Payment of costs of administering State plans, planning for and
evaluation of library services, dissemination of information concerning
library services, etc.; increase capacity of State library
administrative agencies
Subject to the provisions of section 351f of this title and such
limitations and criteria as the Secretary shall establish by regulation,
grants to States under this chapter may be used (1) to pay the cost of
administering the State plans submitted and approved under this chapter
(including obtaining the services of consultants), statewide planning
for and evaluation of library services, dissemination of information
concerning library services, and the activities of such advisory groups
and panels as may be necessary to assist the State library
administrative agency in carrying out its functions under this
subchapter, and (2) for strengthening the capacity of State library
administrative agencies for meeting the needs of the people of the
States.
(c) Reservation of allotments
(1) Subject to such criteria as the Secretary shall establish by
regulation, in any fiscal year in which sums appropriated pursuant to
paragraph (1) of section 351b(a) of this title (excluding the amount
made available for Indian tribes and Hawaiian natives) exceed
$60,000,000, each State which is subject to the provisions of this
subsection shall reserve that portion of the allotment of each State
attributable to the amount in excess of $60,000,000 in that fiscal year
in the manner required in paragraph (2).
(2)(A) In each State having one or more cities with a population of
100,000 or more individuals, as determined by the Secretary, and in
which the aggregate population of such cities does not exceed 50 percent
of the total population of the State, the portion of the excess amount
specified in paragraph (1) shall be reserved for the purposes described
in subsection (a)(3) of this section in accordance with clause (2) of
section 354 of this title in an amount which bears the same ratio to the
total of such excess amount as the aggregate population of such cities
bears to the total population of such State.
(B) In each State having one or more cities with a population of
100,000 or more individuals, as determined by the Secretary, and in
which the aggregate population of such cities exceeds 50 percent of the
total population of the State, 50 percent of the excess amount specified
in paragraph (1) shall be reserved for the purposes described in
subsection (a)(3) of this section in accordance with clause (2) of
section 354 of this title.
(C) Any State which does not include any city with a population of
100,000 or more individuals, as determined by the Secretary, shall not
be subject to the provisions of this subsection.
(3) No State shall, in carrying out the provisions of paragraph (2)
of this subsection, reduce the amount paid to any major urban resource
library below the amount that such library received in the fiscal year
preceding the fiscal year for which the determination is made under such
paragraph (2), except that such amount may be ratably reduced to the
extent that (A) the total Federal allocations to the State under section
351c of this title for purposes of this subchapter for the applicable
fiscal year are reduced, or (B) the 1990 Census shows the population of
the city served by such library has decreased.
(June 19, 1956, ch. 407, title I, 102, formerly 4, 70 Stat. 293;
Aug. 1, 1956, ch. 852, 25(a), 70 Stat. 911; Aug. 31, 1960, Pub. L.
86-679, 2, 74 Stat. 571; Sept. 25, 1962, Pub. L. 87-688, 5(a)(1), 76
Stat. 587; renumbered and amended Feb. 11, 1964, Pub. L. 88-269,
1(b), 3, 7(a), 78 Stat. 11-13; July 19, 1966, Pub. L. 89-511, 4,
12(a), 80 Stat. 313, 318; Dec. 30, 1970, Pub. L. 91-600, 2(b), 84
Stat. 1667; Oct. 7, 1977, Pub. L. 95-123, 3(b), 4(d), (e), 91 Stat.
1095, 1096; Oct. 17, 1984, Pub. L. 98-480, title I, 103(b)(1), 110,
98 Stat. 2237, 2240; Nov. 22, 1985, Pub. L. 99-159, title III,
303(b), 304, 99 Stat. 903; Mar. 15, 1990, Pub. L. 101-254, 13, 14,
104 Stat. 105.)
1990 -- Subsec. (a). Pub. L. 101-254, 13, inserted at end ''In
carrying out its program to accomplish the purposes of this subchapter,
a State may make subgrants to library systems or networks which include
libraries other than public libraries, if the purpose of the subgrant is
to improve services for public library patrons.''
Subsec. (c)(3). Pub. L. 101-254, 14, added par. (3).
1985 -- Subsec. (b). Pub. L. 99-159, 303(b), substituted ''this
chapter'' for ''this subchapter'' in provision preceding cl. (1).
Subsec. (c)(1). Pub. L. 99-159, 304, inserted ''(excluding the
amount made available for Indian tribes and Hawaiian natives)''.
1984 -- Subsec. (a)(1). Pub. L. 98-480, 110, inserted ''assist
libraries to serve as community centers for information and referral and
to'' after ''designed to''.
Subsecs. (b), (c). Pub. L. 98-480, 103(b)(1), substituted
''Secretary'' for ''Commissioner'' wherever appearing.
1977 -- Subsec. (a). Pub. L. 95-123, 4(d), added cl. (3) and last
sentence.
Subsec. (b). Pub. L. 95-123, 3(b), inserted ''the provisions of
section 351f of this title and'' after ''Subject to''.
Subsec. (c). Pub. L. 95-123, 4(e), added subsec. (c).
1970 -- Pub. L. 91-600 substituted provision relating to purposes
which funds granted to States could be used for, for provisions setting
forth amount of allotments authorized to be made by Commissioner to
States, Guam, etc. See section 351c of this title.
1966 -- Pub. L. 89-511 struck out provision that allotment to any
State under this section for fiscal year ending June 30, 1964, shall be
available for payments to such State with respect to expenditures under
its approved State plan during fiscal years ending June 30, 1964, and
June 30, 1965, and provided for an allotment of $25,000 to the Trust
Territory of the Pacific Islands.
1964 -- Pub. L. 88-269, 1(b), 3, struck out ''rural'' before
''population'' in two places, substituted ''$25,000'' and ''$100,000''
for ''$10,000'' and ''$40,000'', respectively, and inserted provision
for availability of allotments for fiscal year ending June 30, 1964 and
the next fiscal year.
1962 -- Pub. L. 87-688 substituted '', American Samoa, and the
Virgin Islands'' for ''and to the Virgin Islands''.
1960 -- Pub. L. 86-679 struck out subsec. (b) which made the amount
of any allotment to a State for any fiscal year remaining unpaid at the
end of the fiscal year available for payment until the end of the
succeeding fiscal year, and which prohibited payment to a State under
section 355 of this title until the State's allotment for the preceding
fiscal year has been exhausted or has ceased to be available.
1956 -- Subsec. (a). Act Aug. 1, 1956, inserted ''each to Guam
and'' after ''$10,000''.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Amendment by Pub. L. 91-600 effective after June 30, 1971, see
section 2(c)(1) of Pub. L. 91-600, set out as a note under section 351
of this title.
Section 12(c) of Pub. L. 89-511 provided that: ''The amendments
made by this section (amending this section and sections 355, 355b,
355e-1, 355f-1, 355f-5, and 358 of this title) shall be effective with
respect to fiscal years beginning after June 30, 1966.''
Amendment by section 1(b) of Pub. L. 88-269 applicable in the case
of allotments from appropriations for fiscal years beginning after June
30, 1964, see section 1(f) of Pub. L. 88-269, set out as a note under
section 352 of this title.
Section 3(a) of Pub. L. 88-269 provided that the amendment made by
that section is effective in the case of allotments from appropriations
for fiscal years beginning after June 30, 1963.
Section 5(b) of Pub. L. 87-688 provided that: ''The amendments made
by this section (amending this section and sections 355 and 358 of this
title) shall become effective July 1, 1962.''
Section 6 of Pub. L. 86-679 provided that: ''The amendments made by
section 2 of this Act (amending this section) shall be effective in the
case of allotments from sums appropriated under section 3 of the Library
Services Act (section 352 of this title) for any fiscal year beginning
after June 30, 1961, except that no payment shall be made to any State
from its allotment under section 4 of such Act (this section) for the
fiscal year ending June 30, 1962, until its allotment for any preceding
year has been exhausted or ceased to be available. The amendments made
by sections 3 and 4 of this Act (amending section 355 of this title)
shall be effective in the case of promulgations of Federal shares under
the Library Services Act (this chapter) made after the enactment of this
Act (Aug. 31, 1960).''
20 USC 354. Annual State program for library services; submission;
contents; limitation on reduction of funds; ratable reduction
TITLE 20 -- EDUCATION
Any State desiring to receive a grant from its allotment for the
purposes of this subchapter for any fiscal year shall, in addition to
having submitted, and having had approved, a basic State plan under
section 351d of this title, submit for that fiscal year an annual
program for library services. Such program shall be submitted at such
time, in such form, and contain such information as the Secretary may
require by regulation, and shall --
(1) set forth a program, subject to clause (2) of this section, for
the year submitted under which funds paid to the State from
appropriations pursuant to paragraph (1) of section 351b(a) of this
title for that year will be used, consistent with its long-range
program, solely for the purposes set forth in section 353 of this title;
(2) set forth a program for the year submitted under which the amount
reserved by the State under section 353(c) of this title, if applicable,
will be used for the purposes set forth in clause (3) of section 353(a)
of this title;
(3) set forth the criteria used in allocating such funds among such
purposes, which criteria shall insure that the State will expend from
Federal, State, and local sources an amount not less than the amount
expended by the State from such sources for State institutional library
services, and library services to the physically handicapped during the
second fiscal year preceding the fiscal year for which the determination
is made;
(4) describe the uses of funds for programs for the elderly;
(5) describe the uses of funds to make library services and programs
more accessible to handicapped individuals. /1/
(6) include such information, policies, and procedures as will assure
that the activities to be carried out during that year are consistent
with the long-range program; and
(7) include an extension of the long-range program, taking into
consideration the results of evaluations.
No State shall, in carrying out the provisions of clause (2) of this
section, reduce the amount paid to an urban resource library below the
amount that such library received in the year preceding the year for
which the determination is made under such clause (2). The amount which
a State is required to expend pursuant to clause (3) of this section
shall be ratably reduced to the extent that Federal allocations to the
State are reduced and to the extent that the Secretary determines that
the populations served by such expenditures has declined.
(June 19, 1956, ch. 407, title I, 103, formerly 5, 70 Stat. 293;
renumbered and amended Feb. 11, 1964, Pub. L. 88-269, 1(c), 4, 7(a),
78 Stat. 11-13; Dec. 30, 1970, Pub. L. 91-600, 2(b), 84 Stat. 1667;
Oct. 7, 1977, Pub. L. 95-123, 4(f), 5, 91 Stat. 1096, 1097; Oct. 17,
1984, Pub. L. 98-480, title I, 103(b)(1), 111, 98 Stat. 2237, 2241;
Mar. 15, 1990, Pub. L. 101-254, 7(b), 15, 104 Stat. 103, 105.)
1990 -- Pub. L. 101-254, 7(b), inserted before period at end of
last sentence ''and to the extent that the Secretary determines that the
populations served by such expenditures has declined''.
Par. (3). Pub. L. 101-254, 15(1), struck out ''and institutionalized
individuals'' after ''physically handicapped''.
Par. (4). Pub. L. 101-254, 15(2), struck out '', which may include
(A) the training of librarians to work with the elderly; (B) the
conduct of special library programs for the elderly particularly for the
elderly who are handicapped; (C) the purchase of special library
materials for use by the elderly; (D) the payment of salaries for
elderly persons who wish to work in libraries as assistants on programs
for the elderly; (E) the provision of in-home visits by librarians and
other library personnel to the elderly; (F) the establishment of
outreach programs to notify the elderly of library services available to
them; and (G) the furnishing of transportation to enable the elderly to
have access to library services'' after first reference to ''elderly''.
Par. (5). Pub. L. 101-254, 15(3), added par. (5) and struck out
former par. (5) which read as follows: ''describe the manner in which
funds for programs for handicapped individuals will be used to make
library services more accessible to such individuals;''.
1984 -- Pub. L. 98-480, 103(b)(1), 111, substituted ''Secretary''
for ''Commissioner'' in provisions preceding par. (1), inserted ''and
institutionalized individuals'' after ''handicapped'' in par. (3),
added pars. (4) and (5) and redesignated former pars. (4) and (5) as
(6) and (7), respectively; and inserted provision at end that the
amount which a State is required to expend pursuant to par. (3) shall
be ratably reduced to the extent that Federal allocations to the State
are reduced.
1977 -- Pub. L. 95-123 in cl. (1) inserted '', subject to clause
(2) of this section,'' after ''set forth a program'', added cl. (2),
redesignated former cl. (2) as (3) and substituted ''the second fiscal
year preceding the fiscal year for which the determination is made'' for
''the fiscal year ending June 30, 1971'', redesignated former cls. (3)
and (4) as (4) and (5), respectively, and inserted sentence at end.
1970 -- Pub. L. 91-600 substituted provisions requiring submission
by any State desiring to receive a grant from its allotment for any
fiscal year of an annual program for library services for that fiscal
year, and setting forth the required contents of such program, for
provisions setting forth the criteria for approval by the Commissioner
of State plans for the further extension of public library services.
See section 351d of this title.
1964 -- Subsec. (a). Pub. L. 88-269, 1(c)(1), struck out ''to rural
areas'' after ''public library services''.
Subsec. (a)(3). Pub. L. 88-269, 1(c)(2), 4, struck out ''rural''
before ''areas''.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Amendment by Pub. L. 91-600 effective after June 30, 1971, see
section 2(c)(1) of Pub. L. 91-600, set out as a note under section 351
of this title.
Amendment by section 1(c) of Pub. L. 88-269 applicable in the case
of expenditures under State plans for periods after June 30, 1964, see
section 1(f) of Pub. L. 88-269, set out as a note under section 352 of
this title.
Section 4 of Pub. L. 88-269 provided that the amendment made by that
section is effective July 1, 1963.
/1/ So in original. The period probably should be a semicolon.
20 USC 355. Omitted
TITLE 20 -- EDUCATION
Section, acts June 19, 1956, ch. 407, title I, 104, formerly 6, 70
Stat. 295; Aug. 1, 1956, ch. 852, 25(b), (c), 70 Stat. 911; Aug.
31, 1960, Pub. L. 86-679, 3, 4, 74 Stat. 571; Sept. 25, 1962, Pub.
L. 87-688, 5(a)(2), (3), 76 Stat. 587; renumbered and amended Feb.
11, 1964, Pub. L. 88-269, 5, 6, 7(a), (c)-(e), 78 Stat. 12-14; July
19, 1966, Pub. L. 89-511, 5, 8, 12(a), (b), 80 Stat. 313, 318,
related to the conditions under which payments were to be made to
States, the amount of such payments, and the determination and
promulgation of the Federal share, and was omitted in the general
revision of this chapter by Pub. L. 91-600, 2(b), Dec. 30, 1970, 84
Stat. 1660, effective after June 30, 1971. See section 351e of this
title.
20 USC SUBCHAPTER II -- PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY
ENHANCEMENT
TITLE 20 -- EDUCATION
20 USC 355a. Grants to States for public library construction and
library and information technology enhancement
TITLE 20 -- EDUCATION
The Secretary shall carry out a program of making grants to States
which have had approved a basic State plan under section 351d of this
title and have submitted a long-range program and submit annually
appropriately updated programs under section 355c of this title for the
construction and technology enhancement of public libraries.
(June 19, 1956, ch. 407, title II, 201, as added Feb. 11, 1964, Pub.
L. 88-269, 7(a), 78 Stat. 13; amended July 19, 1966, Pub. L. 89-511,
6, 80 Stat. 313; Dec. 30, 1970, Pub. L. 91-600, 2(b), 84 Stat. 1668;
Oct. 17, 1984, Pub. L. 98-480, title I, 103(b)(1), 98 Stat. 2237; Mar.
15, 1990, Pub. L. 101-254, 16(c)(2), (3), 104 Stat. 106.)
1990 -- Pub. L. 101-254 inserted ''and library and information
technology enhancement'' after ''construction'' in section catchline and
''and technology enhancement'' after ''construction'' in text.
1984 -- Pub. L. 98-480 substituted ''Secretary'' for
''Commissioner''.
1970 -- Pub. L. 91-600 substituted provisions authorizing
Commissioner to make grants to States for construction of public
libraries for provisions authorizing appropriations for fiscal year
ending June 30, 1967, fiscal year ending June 30, 1968, fiscal year
ending June 30, 1969, fiscal year ending June 30, 1970, and fiscal year
ending June 30, 1971. See section 351b of this title.
1966 -- Pub. L. 89-511 authorized an appropriation of $40,000,000
for fiscal year ending June 30, 1967, $50,000,000 for fiscal year ending
June 30, 1968, $60,000,000 for fiscal year ending June 30, 1969,
$70,000,000 for fiscal year ending June 30, 1970, and $80,000,000 for
fiscal year ending June 30, 1971, and struck out provisions covering
appropriation authorizations for fiscal years ending June 30, 1964, June
30, 1965 and June 30, 1966.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Amendment by Pub. L. 91-600 effective after June 30, 1971, see
section 2(c)(1) of Pub. L. 91-600, set out as a note under section 351
of this title.
20 USC 355b. Federal share
TITLE 20 -- EDUCATION
(a) Payment; uses of Federal funds
Funds appropriated pursuant to paragraph (2) of section 351b(a) of
this title shall be available for grants to States from allotments under
section 351c(a) of this title for the purpose of paying the Federal
share of the cost of construction and technology enhancement projects
carried /1/ under State plans. Such grants shall be used for the
construction and technology enhancement (as defined in sections 351a(2)
and 351a(19) of this title, respectively) of public libraries.
(b) Limit on Federal share
For the purposes of subsection (a) of this section, the Federal share
of the cost of construction and technology enhancement of any project
assisted under this subchapter shall not exceed one-half of the total
cost of such project.
(c) Recovery of value of grant
If, within 20 years after completion of construction of any library
facility which has been constructed in part with funds made available
under this subchapter --
(1) the recipient (or its successor in title or possession) ceases or
fails to be a public or nonprofit institution, or
(2) the facility ceases to be used as a library facility, unless the
Secretary determines that there is good cause for releasing the
institution from its obligation,
the United States shall be entitled to recover from such recipient
(or successor) an amount which bears the same ratio to the value of the
facility at that time (or part thereof constituting an approved project
or projects) as the amount of the Federal grant bore to the cost of such
facility (or part thereof). The value shall be determined by the
parties or by action brought in the United States district court for the
district in which the facility is located.
(June 19, 1956, ch. 407, title II, 202, as added Feb. 11, 1964, Pub.
L. 88-269, 7(a), 78 Stat. 13; amended July 19, 1966, Pub. L. 89-511,
7, 12(a), 80 Stat. 313, 318; Dec. 30, 1970, Pub. L. 91-600, 2(b), 84
Stat. 1668; Oct. 7, 1977, Pub. L. 95-123, 6, 91 Stat. 1097; Oct. 17,
1984, Pub. L. 98-480, title I, 112(a), (b)(1), 98 Stat. 2241; Mar. 15,
1990, Pub. L. 101-254, 16(c)(3), (4), 104 Stat. 106.)
1990 -- Subsec. (a). Pub. L. 101-254, 16(c)(3), inserted ''and
technology enhancement'' after ''construction'' in two places and
substituted ''(as defined in sections 351a(2) and 351a(19) of this
title, respectively)'' for ''(as defined in section 351a(2) of this
title)''.
Subsec. (b). Pub. L. 101-254, 16(c)(3), inserted ''and technology
enhancement'' after ''construction''.
1984 -- Subsec. (a). Pub. L. 98-480, 112(a), (b)(1), designated
existing provisions as subsec. (a) and substituted provision that such
grants shall be used for the construction (as defined in section 351a(2)
of this title) of public libraries for provision that such grants were
to be used solely for the construction of public libraries, for the
remodeling of public libraries necessary to meet standards adopted
pursuant to the Act of August 12, 1968, commonly known as the
Architectural Barriers Act of 1968, and for remodeling designed to
conserve energy in the operation of public libraries under approved
State plans.
Subsecs. (b), (c). Pub. L. 98-480, 112(b)(1), added subsecs. (b)
and (c).
1977 -- Pub. L. 95-123 inserted '', for the remodeling of public
libraries necessary to meet standards adopted pursuant to the Act of
August 12, 1968, commonly known as the Architectural Barriers Act of
1968, and for remodeling designed to conserve energy in the operation of
public libraries'' after ''construction of public libraries''.
1970 -- Pub. L. 91-600 substituted provisions relating to purposes
which funds granted to States could be used for, for provisions setting
forth the amount of allotments authorized to be made by Commissioner to
States, Guam, etc. See section 351c of this title.
1966 -- Pub. L. 89-511 made a State's allotment for any fiscal year
available for payments with respect to administration during such year
and next fiscal year of its approved State plan, struck out provisions
limiting to the case of a State allotment for the fiscal year ending
June 30, 1964, the availability of a State's allotment for construction
projects for the fiscal year next after the year of the allotment, and
provided for an allotment of $20,000 to the Trust Territory of the
Pacific Islands.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Section 112(b)(2) of Pub. L. 98-480 provided that: ''Subsection (c)
of section 202 of the Act (this section) as added by the amendment made
by paragraph (1) of this subsection shall apply to any facility
constructed prior to or after the date of enactment of this Act (Oct.
17, 1984) with funds made available under title II of the Act (20 U.S.C.
355a et seq.).''
Amendment by Pub. L. 91-600 effective after June 30, 1971, see
section 2(c)(1) of Pub. L. 91-600, set out as a note under section 351
of this title.
Amendment by section 7 of Pub. L. 89-511 effective with respect to
fiscal years beginning after June 30, 1966, see section 11 of Pub. L.
89-511.
Amendment by section 12(a) of Pub. L. 89-511 effective with respect
to fiscal years beginning after June 30, 1966, see section 12(c) of Pub.
L. 89-511, set out as a note under section 353 of this title.
/1/ So in original. Probably should be followed by ''out''.
20 USC 355c. Annual State program for construction and technology
enhancement of public libraries; submission; contents
TITLE 20 -- EDUCATION
Any State desiring to receive a grant from its allotment for the
purpose of this subchapter for any fiscal year shall, in addition to
having submitted, and having had approved, a basic State plan under
section 351d of this title, submit such projects as the State may
approve and are consistent with its long-range program.
Such projects shall be submitted at such time and contain such
information as the Secretary may require by regulation and shall --
(1) for the year submitted under which funds are paid to the State
from appropriations pursuant to paragraph (2) of section 351b(a) of this
title for that year, be used, consistent with the State's long-range
program, for the construction and technology enhancement of public
libraries in areas of the State which are without the library facilities
necessary to provide adequate library services;
(2) follow the criteria, policies, and procedures for the approval of
applications for the construction and technology enhancement of public
library facilities under the long-range program;
(3) follow policies and procedures which will insure that every local
or other public agency whose application for funds under the plan with
respect to a project for construction and technology enhancement of
public library facilities is denied will be given an opportunity for a
hearing before the State library administrative agency;
(4) include an extension of the long-range program taking into
consideration the results of evaluations; and
(5) follow policies and procedures in the construction of public
libraries that will promote the preservation of library and information
resources to be utilized in the facilities.
(June 19, 1956, ch. 407, title II, 203, as added Feb. 11, 1964, Pub.
L. 88-269, 7(a), 78 Stat. 13; amended Apr. 13, 1970, Pub. L. 91-230,
title IV, 401(g)(3), 84 Stat. 174; Dec. 30, 1970, Pub. L. 91-600,
2(b), 84 Stat. 1668; Oct. 17, 1984, Pub. L. 98-480, title I,
103(b)(1), 98 Stat. 2237; Mar. 15, 1990, Pub. L. 101-254, 16(c)(3),
(5), 17, 104 Stat. 106.)
1990 -- Pub. L. 101-254, 16(c)(5), inserted ''and technology
enhancement'' after ''construction'' in section catchline.
Pars. (1) to (3). Pub. L. 101-254, 16(c)(3), inserted ''and
technology enhancement'' after ''construction''.
Par. (5). Pub. L. 101-254, 17, added par. (5).
1984 -- Pub. L. 98-480 substituted ''Secretary'' for
''Commissioner'' in second par.
1970 -- Pub. L. 91-600 substituted provisions requiring submission
by any State desiring to receive a grant from its allotment for any
fiscal year of approved projects consistent with its long-range program,
and setting forth required contents of such projects, for provisions
setting forth criteria for approval by Commissioner of State plans for
construction of public libraries. See section 351d of this title.
Pub. L. 91-230 repealed labor standards requirement (prevailing wage
rates), now superseded by section 1232b of this title, and provisions
for overtime compensation under the Contract Work Hours Standards Act.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Amendment by Pub. L. 91-600 effective after June 30, 1971, see
section 2(c)(1) of Public L. 91-600, set out as a note under section
351 of this title.
20 USC 355d. Omitted
TITLE 20 -- EDUCATION
Section, act June 19, 1956, ch. 407, title II, 204, as added Feb.
11, 1964, Pub. L. 88-269, 7(a), 78 Stat. 14; amended July 19, 1966,
Pub. L. 89-511, 5(b), (8), 80 Stat. 313, related to payment to
States of Federal share and determination of amount of such payment, and
was omitted in the general revision of this chapter by Pub. L. 91-600,
2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971.
See section 351e of this title.
20 USC 355e. Grants to States for interlibrary cooperation and
resource sharing
TITLE 20 -- EDUCATION
The Secretary shall carry out a program of making grants to States
which have an approved basic State plan under section 351d of this
title, have submitted a long-range program and an annual program under
section 355e-2 of this title for interlibrary cooperation programs, and
have submitted long-range and annual programs which are directed toward
attaining compliance with the requirements of section 355e-3 of this
title.
(June 19, 1956, ch. 407, title III, 301, as added July 19, 1966,
Pub. L. 89-511, 9, 80 Stat. 314; amended Dec. 30, 1970, Pub. L.
91-600, 2(b), 84 Stat. 1668; Oct. 17, 1984, Pub. L. 98-480, title I,
103(b)(1), 113(b), 98 Stat. 2237, 2242; Mar. 15, 1990, Pub. L.
101-254, 18(a), 104 Stat. 106.)
1990 -- Pub. L. 101-254 substituted ''attaining'' for ''eventual''.
1984 -- Pub. L. 98-480 substituted ''Secretary'' for
''Commissioner'', substituted ''section 351d of this title,'' for
''section 351d of this title and have submitted'', and inserted '', and
have submitted long-range and annual programs which are directed toward
eventual compliance with the requirements of section 355e-3 of this
title''.
1970 -- Pub. L. 91-600 substituted provisions authorizing
Commissioner to make grants to States for interlibrary cooperation
programs for provisions authorizing appropriations for fiscal year
ending June 30, 1967, fiscal year ending June 30, 1968, fiscal year
ending June 30, 1969, fiscal year ending June 30, 1970, and fiscal year
ending June 30, 1971. See section 351b of this title.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Amendment by Pub. L. 91-600 effective after June 30, 1971, see
section 2(c)(1) of Pub. L. 91-600, set out as a note under section 351
of this title.
20 USC 355e-1. Federal share
TITLE 20 -- EDUCATION
(a) Payment; use of Federal funds
Funds appropriated pursuant to paragraph (3) of section 351b(a) of
this title shall be available for grants to States from allotments under
paragraphs (1) and (3) of section 351c(a) of this title for the purpose
of carrying out the Federal share of the cost of carrying out State
plans submitted and approved under section 355e-2 of this title. Such
grants shall be used (1) for planning for, and taking other steps
leading to the development of, cooperative library networks; (2) for
establishing, expanding, and operating local, regional, and interstate
cooperative networks of libraries, which provided for the systematic and
effective coordination of the resources of school, public, academic, and
special libraries and information centers for improved supplementary
services for the special clientele served by each type of library or
center; and (3) developing the technological capacity of libraries for
interlibrary cooperation and resource sharing.
(b) Amount
For the purposes of this subchapter, the Federal share shall be 100
per centum of the cost of carrying out the State plan.
(June 19, 1956, ch. 407, title III, 302, as added and amended July
19, 1966, Pub. L. 89-511, 9, 12(a), 80 Stat. 314, 318; Dec. 30,
1970, Pub. L. 91-600, 2(b), 84 Stat. 1669; Mar. 15, 1990, Pub. L.
101-254, 16(d), 104 Stat. 106.)
1990 -- Subsec. (a)(3). Pub. L. 101-254 added cl. (3).
1970 -- Pub. L. 91-600 substituted provisions relating to purposes
which funds granted to States could be used for, for provisions setting
forth amount of allotments authorized to be made by Commissioner to
States, Guam, etc. See section 351c of this title.
1966 -- Pub. L. 89-511, 12(a), inserted reference to the Trust
Territory of the Pacific Islands.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
Amendment by Pub. L. 91-600 effective after June 30, 1971, see
section 2(c)(1) of Pub. L. 91-600, set out as a note under section 351
of this title.
Amendment by section 12(a) of Pub. L. 89-511 effective with respect
to fiscal years beginning after June 30, 1966, see section 12(c) of Pub.
L. 89-511, set out as a note under section 353 of this title.
20 USC 355e-2. Annual State program for interlibrary cooperation;
submission; contents
TITLE 20 -- EDUCATION
Any State desiring to receive a grant from its allotment for the
purposes of this subchapter for any fiscal year shall, in addition to
having submitted, and having had approved, a basic State plan under
section 351d of this title, submit for that fiscal year an annual
program for interlibrary cooperation. Such program shall be submitted
at such time, in such form, and contain such information as the
Secretary may require by regulation and shall comply with the
requirements of section 355e-3 of this title, shall --
(1) set forth a program for the year submitted under which funds paid
to the State from appropriations pursuant to paragraph (3) of section
351b(a) of this title will be used, consistent with its long-range
program for the purposes set forth in section 355e-1 of this title,
(2) include an extension of the long-range program taking into
consideration the results of evaluations.
(June 19, 1956, ch. 407, title III, 303, as added July 19, 1966,
Pub. L. 89-511, 9, 80 Stat. 314; amended Nov. 24, 1967, Pub. L.
90-154, 1, 81 Stat. 509; Dec. 30, 1970, Pub. L. 91-600, 2(b), 84
Stat. 1669; Oct. 17, 1984, Pub. L. 98-480, title I, 103(b)(1),
113(c), 98 Stat. 2237, 2242.)
1984 -- Pub. L. 98-480 substituted ''Secretary'' for
''Commissioner'' and inserted ''shall comply with the requirements of
section 355e-3 of this title,'' after ''by regulation and'' in second
sentence.
1970 -- Pub. L. 91-600 substituted provisions requiring submission
by any State desiring to receive a grant from its allotment for any
fiscal year of an annual program for interlibrary cooperation for that
fiscal year, and setting forth required contents of such program, for
provisions relating to payment to States of Federal share and
determination of amount of such payment. See section 351e of this
title.
1967 -- Pub. L. 90-154 substituted ''June 30, 1968'' for ''June 30,
1967'' and provided that Federal share for Trust Territory of the
Pacific Islands shall be 100 per centum.
Amendment by Pub. L. 91-600 effective after June 30, 1971, see
section 2(c)(1) of Pub. L. 91-600, set out as a note under section 351
of this title.
Section 7 of Pub. L. 90-154 provided that: ''The amendments made by
the first section and section 3 of this Act (amending this section and
section 355f-3 of this title) shall be effective with respect to fiscal
years beginning after June 30, 1967.''
20 USC 355e-3. Resource sharing
TITLE 20 -- EDUCATION
(a) Statewide plan
The long-range program and annual program of each State shall include
a statewide resource sharing plan which is directed toward attaining
compliance with the provisions of this section.
(b) Recommendations
In developing the State basic and long-range programs, the State
library agency with the assistance of the State advisory council on
libraries shall consider recommendations from current and potential
participating institutions in the interlibrary and resource sharing
programs authorized by this subchapter.
(c) Long-range program; identification of objectives; elements of
program
The State's long-range program shall identify interlibrary and
resource sharing objectives to be achieved during the period covered by
the basic and long-range plans required by section 351d of this title.
The long-range program may include --
(1) criteria for participation in statewide resource sharing to
ensure equitable participation by libraries of all types that agree to
meet requirements for resource sharing;
(2) an analysis of the needs for development and maintenance of
bibliographic access, including data bases for monographs, serials, and
audiovisual materials;
(3) an analysis of the needs for development and maintenance of
communications systems for information exchange among participating
libraries;
(4) an analysis of the needs for development and maintenance of
delivery systems for exchanging library materials among participating
libraries;
(5) a projection of the computer and other technological needs for
resource sharing;
(6) an identification of means which will be required to provide
users access to library resources, including collection development and
maintenance in major public, academic, school, and private libraries
serving as resource centers;
(7) a proposal, where appropriate, for the development,
establishment, demonstration, and maintenance of intrastate multitype
library systems;
(8) an analysis of the State's needs for development and maintenance
of links with State and national resource sharing systems; and
(9) a description of how the evaluations required by section 351d(d)
of this title will be conducted.
(d) Participating libraries; reimbursement of expenses
Libraries participating in resource sharing activities under this
section may be reimbursed for their expenses in loaning materials to
public libraries.
(e) Periods when schools are not in session
Public and school libraries which cooperate to make school library
resources available to the public during periods when school is not in
session may be reimbursed for such expenses.
(June 19, 1956, ch. 407, title III, 304, as added Oct. 17, 1984,
Pub. L. 98-480, title I, 113(d), 98 Stat. 2242; amended Mar. 15, 1990,
Pub. L. 101-254, 18, 104 Stat. 106.)
A prior section 355e-3, act June 19, 1956, ch. 407, title III, 304,
as added July 19, 1966, Pub. L. 89-511, 9, 80 Stat. 314, set forth
the criteria for approval by the Commissioner of State plans for
interlibrary cooperation, prior to the general revision of this chapter
by Pub. L. 91-600, 2(b), Dec. 30, 1970, 84 Stat. 1660, effective
after June 30, 1971.
1990 -- Subsec. (a). Pub. L. 101-254, 18(a), substituted
''attaining'' for ''eventual''.
Subsec. (e). Pub. L. 101-254, 18(b), added subsec. (e).
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
20 USC 355e-4. Preservation programs
TITLE 20 -- EDUCATION
(a) Long-range program and annual program
The long-range program and annual program of each State under this
subchapter may --
(1) include a statewide preservation cooperation plan that complies
with this section; and
(2) identify the preservation objectives to be achieved during the
period covered by the long-range plans required by section 351d of this
title.
(b) Plan compliance requirements
A statewide preservation cooperation plan complies with this section
if --
(1) such plan specifies the methods by which the State library
administrative agency will work with libraries, archives, historical
societies, scholarly organizations, and other agencies, within or
outside the State, in planning, education and training, coordinating,
outreach and public information, and service programs to ensure that
endangered library and information resources are preserved
systematically; and
(2) such preservation plan is developed in consultation with such
parties and agencies as the State archives, historical societies,
libraries, scholarly organizations, and other interested parties.
(c) Use of funds
A State which has a statewide preservation cooperation plan that
complies with this section may use funds under this subchapter to carry
out such plan.
(d) Contract authority of State library administrative agencies
The State library administrative agency may contract part or all of
the preservation program under this section to other agencies or
institutions.
(June 19, 1956, ch. 407, title III, 305, as added Mar. 15, 1990,
Pub. L. 101-254, 19, 104 Stat. 106.)
Section effective Oct. 1, 1990, see section 25 of Pub. L. 101-254,
set out as an Effective Date of 1990 Amendment note under section 351a
of this title.
20 USC 355f to 358. Omitted
TITLE 20 -- EDUCATION
Sections 355f to 358 were omitted in the general revision of this
chapter by Pub. L. 91-600, 2(b), Dec. 30, 1970, 84 Stat. 1660,
effective after June 30, 1971.
Sections 355f to 355f-7 comprised former subchapter IV of this
chapter relating to specialized State library services.
Sections 356 to 358 comprised former subchapter V of this chapter
relating to the administration of this chapter.
Section 355f, act June 19, 1956, ch. 407, title IV, 401, as added
July 19, 1966, Pub. L. 89-511, 9, 80 Stat. 315, authorized
appropriations for State institutional library services. See section
351b of this title.
Section 355f-1, act June 19, 1956, ch. 407, title IV, 402, as added
and amended July 19, 1966, Pub. L. 89-511, 9, 12(a), 80 Stat. 315,
318, set forth the amount of allotments authorized to be made by the
Commissioner to States, Guam, etc. See section 351c of this title.
Section 355f-2, act June 19, 1956, ch. 407, title IV, 403, as added
July 19, 1966, Pub. L. 89-511, 9, 80 Stat. 315; amended Nov. 24,
1967, Pub. L. 90-154, 2, 81 Stat. 509, related to the payment to the
States of the Federal share and the determination of the amount of such
payment. See section 351e of this title.
Section 355f-3, act June 19, 1956, ch. 407, title IV, 404, as added
July 19, 1966, Pub. L. 89-511, 9, 80 Stat. 316; amended Nov. 24,
1967, Pub. L. 90-154, 3, 81 Stat. 509, set forth the criteria for
approval by the Commissioner of State plans for institutional library
services. See section 351d of this title.
Section 355f-4, act June 19, 1956, ch. 407, title IV, 411, as added
July 19, 1966, Pub. L. 89-511, 9, 80 Stat. 316, authorized
appropriations for State library services to the physically handicapped.
See section 351b of this title.
Section 355f-5, act June 19, 1956, ch. 407, title IV, 412, as added
and amended July 19, 1966, Pub. L. 89-511, 9, 12(a), 80 Stat. 316,
318, set forth the amount of allotments authorized to be made by the
Commissioner to States, Guam, etc. See section 351c of this title.
Section 355f-6, act June 19, 1956, ch. 407, title IV, 413, as added
July 19, 1966, Pub. L. 89-511, 9, 80 Stat. 317; amended Nov. 24,
1967, Pub. L. 90-154, 4, 81 Stat. 509, related to the payment to the
States of the Federal share and the determination of the amount of such
payment. See section 351e of this title.
Section 355f-7, act June 19, 1956, ch. 407, title IV, 414, as added
July 19, 1966, Pub. L. 89-511, 9, 80 Stat. 317; amended Nov. 24,
1967, Pub. L. 90-154, 5, 81 Stat. 509, set forth the criteria for
approval by the Commissioner of State plans for library services to the
physically handicapped. See section 351d of this title.
Section 356, act June 19, 1956, ch. 407, title V, 501, formerly 7,
70 Stat. 295, renumbered 301 and amended Feb. 11, 1964, Pub. L.
88-269, 7(f), (g), 78 Stat. 14, renumbered 501, July 19, 1966, Pub.
L. 89-511, 10(b), 80 Stat. 317, authorized the Commissioner to
withhold payments to the States, enumerated the grounds for such
withholding, and provided that notice and an opportunity for a hearing
to be accorded to the appropriate State agency. See section 351d of
this title.
Section 357, act June 19, 1956, ch. 407, title V, 502, formerly 8,
70 Stat. 295, renumbered 302 and amended Feb. 11, 1964, Pub. L.
88-269, 1(d), 7(f), 8, 78 Stat. 11, 14, 15, renumbered 502 and
amended July 19, 1966, Pub. L. 89-511, 10(b), (c), (e), 80 Stat. 317,
318, set forth the administrative provisions of this chapter. See
section 351d of this title.
Section 357a, act June 19, 1956, ch. 407, title V, 503, formerly
303, as added Feb. 11, 1964, Pub. L. 88-269, 7(h), 78 Stat. 14,
renumbered and amended July 19, 1966, Pub. L. 89-511, 10(b), 80 Stat.
317, provided for the reallotment of unused funds under conditions
determined by the Commissioner. See section 351c of this title.
Section 358, act June 19, 1956, ch. 407, title V, 504, formerly 9,
70 Stat. 296; Aug. 1, 1956, ch. 852, 25(d), 70 Stat. 911; Aug. 31,
1960, Pub. L. 86-679, 5, 74 Stat. 572; Sept. 25, 1962, Pub. L.
87-688, 5(a)(3), 76 Stat. 587, renumbered 304 and amended Feb. 11,
1964, Pub. L. 88-269, 1(e), 7(b), (f), 9, 78 Stat. 11, 14, 16,
renumbered 504, and amended July 19, 1966, Pub. L. 89-511, 10(b),
12(a), 80 Stat. 317, 318; Nov. 24, 1967, Pub. L. 90-154, 6, 81 Stat.
509, defined the terms ''State'', ''State library administrative
agency'', ''public library'', ''construction'', and ''Secretary''. See
section 351a of this title.
20 USC SUBCHAPTER IV -- LIBRARY SERVICES FOR INDIAN TRIBES
TITLE 20 -- EDUCATION
20 USC 361. Findings and purpose; authorization of grants
TITLE 20 -- EDUCATION
(a) Findings
The Congress finds that --
(1) most Indian tribes receive little or no funds under subchapters
I, II, and III of this chapter;
(2) Indian tribes and reservations are generally considered to be
separate nations and seldom are eligible for direct library allocations
from States;
(3) the vast majority of Indians living on or near reservations do
not have access to adequate libraries or have access to no libraries at
all; and
(4) this subchapter is therefor /1/ required specifically to promote
special efforts to provide Indian tribes with library services.
(b) Purpose
It is therefor /1/ the purpose of this subchapter (1) to promote the
extension of public library services to Indian people living on or near
reservations; (2) to provide incentives for the establishment and
expansion of tribal library programs; and (3) to improve the
administration and implementation of library services for Indians by
providing funds to establish and support ongoing library programs.
(c) Grants for services to Indians living on or near reservations
The Secretary shall carry out a program of making grants from
allotments under section 351c(c)(1) of this title to Indian tribes that
have submitted an approved application under section 363 of this title
for library services to Indians living on or near reservations.
(d) Special project grants
The Secretary shall carry out a program of making special project
grants from funds available under section 351c(c)(2) of this title to
Indian tribes that have submitted approved plans for the provision of
library services as described in section 364 of this title.
(June 19, 1956, ch. 407, title IV, 401, as added Oct. 17, 1984, Pub.
L. 98-480, title I, 114, 98 Stat. 2243.)
A prior section 361, act June 19, 1956, ch. 407, title IV, 401, as
added May 3, 1973, Pub. L. 93-29, title VIII, 801(a), 87 Stat. 57;
amended Oct. 17, 1984, Pub. L. 98-480, title I, 103(b)(1), 98 Stat.
2237, related to grants to States for older readers services, prior to
the general revision of this subchapter by section 114 of Pub. L.
98-480.
A prior subchapter IV of this chapter, comprising sections 355f to
355f-7 of this title, related to specialized State library services,
prior to the general revision of this chapter by Pub. L. 91-600, 2(b),
Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971. For
further details, see Codification note set out under section 355f of
this title.
/1/ So in original. Probably should be ''therefore''.
20 USC 362. Use of funds
TITLE 20 -- EDUCATION
(a) Permitted uses of funds
Funds made available by grant under subsection (c) or (d) of section
361 of this title may be used for --
(1) inservice or preservice training of Indians as library personnel;
(2) purchase of library materials;
(3) conduct of special library programs for Indians;
(4) salaries of library personnel;
(5) construction, purchase, renovation, or remodeling of library
buildings and facilities;
(6) transportation to enable Indians to have access to library
services;
(7) dissemination of information about library services;
(8) assessment of tribal library needs; and
(9) contracts to provide public library services to Indians living on
or near reservations or to accomplish any of the activities described in
clauses (1) through (8).
(b) Maintenance of funding level
Any tribe that supports a public library system shall continue to
expend from Federal, State, and local sources an amount not less than
the amount expended by the tribe from such sources for public library
services during the second fiscal year preceding the fiscal year for
which the determination is made.
(c) Restricted collections of tribal cultural materials
Nothing in this chapter shall be construed to prohibit restricted
collections of tribal cultural materials with funds made available under
this chapter.
(June 19, 1956, ch. 407, title IV, 402, as added Oct. 17, 1984, Pub.
L. 98-480, title I, 114, 98 Stat. 2243.)
A prior section 362, act June 19, 1956, ch. 407, title IV, 402, as
added May 3, 1973, Pub. L. 93-29, title VIII, 801(a), 87 Stat. 57,
related to use of Federal funds and the amount of the Federal share for
the cost of carrying out State plans for the provision of older readers'
services, prior to the general revision of this subchapter by section
114 of Pub. L. 98-480.
20 USC 363. Applications for library services to Indians
TITLE 20 -- EDUCATION
Any Indian tribe which desires to receive its allotment under section
351c(c)(1) of this title shall submit an application which contains such
information as the Secretary may require by regulation.
(June 19, 1956, ch. 407, title IV, 403, as added Oct. 17, 1984, Pub.
L. 98-480, title I, 114, 98 Stat. 2244.)
A prior section 363, act June 19, 1956, ch. 407, title IV, 403, as
added May 3, 1973, Pub. L. 93-29, title VIII, 801(a), 87 Stat. 58;
amended Oct. 17, 1984, Pub. L. 98-480, title I, 103(b)(1), 98 Stat.
2237, related to State annual programs for library services for the
elderly, prior to the general revision of this subchapter by section 114
of Pub. L. 98-480.
20 USC 364. Plans for library services to Indians
TITLE 20 -- EDUCATION
Any Indian tribe which desires to receive a special project grant
from funds available under section 351c(c)(2) of this title shall submit
a plan for library services on or near an Indian reservation. Such
plans shall be submitted at such time, in such form, and contain such
information as the Secretary may require by regulation and shall set
forth a program for the year under which funds paid to the Indian tribe
will be used, consistent with --
(1) a long-range program, and
(2) the purposes set forth in section 362(a) of this title.
(June 19, 1956, ch. 407, title IV, 404, as added Oct. 17, 1984, Pub.
L. 98-480, title I, 114, 98 Stat. 2244.)
A prior section 364, act June 19, 1956, ch. 407, title IV, 404, as
added May 3, 1973, Pub. L. 93-29, title VIII, 801(a), 87 Stat. 58;
amended Oct. 1, 1973, Pub. L. 93-113, title VI, 601(d), 87 Stat.
416; Oct. 17, 1984, Pub. L. 98-480, title I, 103(b)(1), 98 Stat.
2237, related to administrative coordination between programs for older
readers services under this subchapter with other programs for older
Americans, prior to the general revision of this subchapter by section
114 of Pub. L. 98-480.
20 USC 365. Coordination with other programs for Indians
TITLE 20 -- EDUCATION
The Secretary, with the Secretary of the Interior, shall coordinate
programs under this subchapter with the programs assisted under the
various Acts and programs administered by the Department of the Interior
that pertain to Indians.
(June 19, 1956, ch. 407, title IV, 405, as added Oct. 17, 1984, Pub.
L. 98-480, title I, 114, 98 Stat. 2244.)
20 USC 366. Services in States with Indian tribes not residing on or
near reservations
TITLE 20 -- EDUCATION
The provisions of this subchapter requiring that services be provided
on or near Indian reservations, or to only those Indians who live on or
near Indian reservations, shall not apply in the case of Indian tribes
and Indians in California, Oklahoma, and Alaska.
(June 19, 1956, ch. 407, title IV, 406, as added Nov. 22, 1985, Pub.
L. 99-159, title III, 305, 99 Stat. 903.)
20 USC SUBCHAPTER V -- FOREIGN LANGUAGE MATERIALS ACQUISITION
TITLE 20 -- EDUCATION
20 USC 371. Grants for foreign language material acquisition
TITLE 20 -- EDUCATION
(a) Duty of Secretary
The Secretary shall carry out a program of making grants from sums
appropriated pursuant to section 351b(a)(4) of this title to State and
local public libraries for the acquisition of foreign language
materials.
(b) Selection of recipients
Recipients of grants under this subchapter shall be selected on a
competitive basis.
(c) Funding limitation
No grant under this subchapter for any fiscal year shall exceed
$35,000, except that --
(1) not more than 30 percent of the funds available for grants under
this subchapter in any fiscal year may be used to make grants in amounts
between $35,000 and $125,000; and
(2) no recipient may receive more than one grant under this
subchapter for any fiscal year.
(June 19, 1956, ch. 407, title V, 501, as added Oct. 17, 1984, Pub.
L. 98-480, title I, 115, 98 Stat. 2244; amended Mar. 15, 1990, Pub. L.
101-254, 20, 104 Stat. 107.)
A prior subchapter V of this chapter, comprising sections 356 to 358
of this title, related to administration of this chapter, prior to the
general revision of this chapter by Pub. L. 91-600, 2(b), Dec. 30,
1970, 84 Stat. 1660, effective after June 30, 1971. For further
details, see Codification note set out under section 355f of this title.
1990 -- Subsec. (c). Pub. L. 101-254 substituted ''$35,000, except
that -- '' for ''$15,000.'' and added pars. (1) and (2).
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
20 USC SUBCHAPTER VI -- LIBRARY LITERACY PROGRAMS
TITLE 20 -- EDUCATION
20 USC 375. State and local library grants
TITLE 20 -- EDUCATION
(a) Duty of Secretary; grants for support of literacy programs
The Secretary shall carry out a program of making grants from sums
appropriated pursuant to section 351b(a)(5) of this title to State and
local public libraries for the purposes of supporting literacy programs.
(b) Purposes of grants to State libraries
Grants to State public libraries under this subchapter shall be for
the purposes of --
(1) coordinating and planning library literacy programs; and
(2) making arrangements for training librarians and volunteers to
carry out such programs.
(c) Purposes of grants to local libraries
Grants to local public libraries shall be for the purposes of --
(1) promoting the use of the voluntary services of individuals,
agencies, and organizations in providing literacy programs;
(2) acquisition of materials for literacy programs; and
(3) using library facilities for such programs.
(d) Selection of recipients
Recipients of grants under this subchapter shall be selected on a
competitive basis.
(e) Funding limitation
No grant under this subchapter for any fiscal year shall exceed
$35,000.
(f) Priorities in awarding grants
In awarding grants under this section the Secretary shall give
priority to programs and services which --
(1) will be delivered in areas of greatest need which have highest
concentrations of adults who do not have a secondary education or its
equivalent, and which --
(A) have few community or financial resources to establish the
program described under this section without Federal assistance, or
(B) have low per capita income, unemployment or underemployment; and
(2) coordinate with literacy organizations and community based
organizations providing literacy services.
(June 19, 1956, ch. 407, title VI, 601, as added Oct. 17, 1984, Pub.
L. 98-480, title I, 115, 98 Stat. 2245; amended Mar. 15, 1990, Pub. L.
101-254, 21, 104 Stat. 107; July 25, 1991, Pub. L. 102-73, title V,
502, 105 Stat. 356.)
1991 -- Subsec. (f). Pub. L. 102-73 added subsec. (f).
1990 -- Subsec. (e). Pub. L. 101-254 substituted ''$35,000'' for
''$25,000''.
Amendment by Pub. L. 101-254 effective Oct. 1, 1990, see section 25
of Pub. L. 101-254, set out as a note under section 351a of this title.
20 USC SUBCHAPTER VII -- EVALUATION AND ASSESSMENT
TITLE 20 -- EDUCATION
20 USC 381. Program authority
TITLE 20 -- EDUCATION
The Secretary is authorized to carry out a program for the purpose of
evaluation and assessment (directly or by grants or contracts) of
programs authorized under this chapter.
(June 19, 1956, ch. 407, title VII, 701, as added Mar. 15, 1990,
Pub. L. 101-254, 22(a), 104 Stat. 107.)
Section effective Oct. 1, 1990, see section 25 of Pub. L. 101-254,
set out as an Effective Date of 1990 Amendment note under section 351a
of this title.
20 USC SUBCHAPTER VIII -- LIBRARY LEARNING CENTER PROGRAMS
TITLE 20 -- EDUCATION
20 USC Part A -- Family Learning Centers
TITLE 20 -- EDUCATION
20 USC 385. Statement of purpose
TITLE 20 -- EDUCATION
It is the purpose of this part to expand and improve opportunities
for lifetime learning and the involvement of the Nation's families as
partners in their children's education by providing comprehensive,
family-oriented library services through Family Learning Centers.
(June 19, 1956, ch. 407, title VIII, 801, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 107.)
Subchapter effective Oct. 1, 1990, see section 25 of Pub. L.
101-254, set out as an Effective Date of 1990 Amendment note under
section 351a of this title.
20 USC 385a. Grants for family learning centers
TITLE 20 -- EDUCATION
The Secretary shall carry out a program of making grants from sums
appropriated pursuant to paragraph (7) of section 351b(a) of this title
to local public libraries for the purposes of supporting family learning
centers.
(June 19, 1956, ch. 407, title VIII, 802, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 108.)
20 USC 385b. Use of funds
TITLE 20 -- EDUCATION
(a) Initiation, expansion, and improvement of services
Funds made available to a grantee under this part shall be used to
initiate, expand, or improve public library services to families.
(b) Acquisition of resources and materials in print and electronic
formats
Not less than 25 percent of the funds made available under this part
shall be used for the acquisition of resources and materials in print
and electronic formats --
(1) which are intended for use by and with adults, including
materials in such areas as child care, child development, nutrition,
parenting skills, and job and career information; and
(2) which are intended for use by and with children and adolescents.
(c) Acquisition of computer hardware and software
Not less than 10 percent of the funds made available to a grantee
under this part shall be used for --
(1) the acquisition or leasing of computer hardware for use by
library patrons, including services necessary for the operation,
installation, and maintenance of such equipment; and
(2) the acquisition of computer software and complementary
explanatory material for use by library patrons.
(June 19, 1956, ch. 407, title VIII, 803, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 108.)
20 USC 385c. Application
TITLE 20 -- EDUCATION
(a) Submission by local public libraries
Any local public library which wishes to receive a grant under this
part shall submit an application to the Secretary at such time, in such
form, and containing such information as the Secretary determines is
necessary to evaluate the quality of the applicant's proposal and the
applicant's ability to carry it out.
(b) Requisite content
Each such application shall --
(1) describe the manner in which the funds will be used to initiate,
expand, or improve library services to families;
(2) provide assurances that the library will be open on weekday
evenings, Saturdays, and some Sundays and legal public holidays to
enable families in which both parents work outside the home to utilize
the library's services;
(3) demonstrate that the library has or will have sufficient
qualified staff with specialized training in providing library services
to children, adolescents, and adults;
(4) provide for the establishment of an advisory committee consisting
of parents, teachers, local school administrators, librarians, library
administrators, library trustees, local elected officials, and business
leaders, at least one-third of whom are parents who regularly use the
services of the library;
(5) provide for the establishment of a family library loan program
through which families may borrow sets of books for extended periods,
and other innovative programs and policies designed to encourage greater
use of the library by families;
(6) provide for a job and career information program to provide
information and assistance to parents and others who are unemployed or
seeking a new job;
(7) describe, if appropriate, any special services and outreach
activities which will be offered to meet the needs of --
(A) adolescent parents;
(B) single-parent families;
(C) families in which both parents are employed outside the home;
(D) parents and children with limited English language proficiency;
and
(E) educationally disadvantaged adults and their children;
(8) describe the methods by which the library will publicize and
promote the services of the Center in cooperation with the local media,
schools, businesses, social service agencies, and other appropriate
entities; and
(9) provide assurances that the funds provided will be used to
supplement and not supplant funds otherwise available for the purposes
of this part.
(June 19, 1956, ch. 407, title VIII, 804, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 108.)
20 USC 385d. Selection of family learning centers
TITLE 20 -- EDUCATION
(a) Competitive process
The Secretary shall select family learning centers on a competitive
basis from among the local public libraries submitting applications
under section 385c of this title. In making such selection, the
Secretary shall give priority to applications which --
(1) promise to serve a significant number of families on a regular
basis; and
(2) offer innovative approaches to improving library services for
families and approaches which show promise for replication and
dissemination.
(b) Equitable distribution
In making grants under this subchapter, the Secretary shall assure
that there is an equitable distribution of grants among the States and
between urban and rural communities.
(c) Maximum grant
No grant made under this subchapter for any fiscal year shall exceed
$200,000.
(June 19, 1956, ch. 407, title VIII, 805, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 109.)
20 USC 385e. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated $3,000,000 for fiscal year
1990 and such sums as may be necessary for each succeeding fiscal year
to carry out the provisions of this part.
(June 19, 1956, ch. 407, title VIII, 806, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 109.)
20 USC Part B -- Library Literacy Centers
TITLE 20 -- EDUCATION
20 USC 386. Statement of purpose
TITLE 20 -- EDUCATION
The purposes of this part are to --
(1) establish model library literacy centers throughout the country
to serve as resource centers for the dissemination of literacy materials
and equipment to local public libraries in order to help overcome the
high incidence of adults with limited literacy skills in the United
States;
(2) help adults with limited literacy skills reach full employment
through nonthreatening learning experiences in their local public
library or in their own home; and
(3) offer innovative approaches to improving library literacy
services to adults and approaches which show promise for replication and
dissemination.
(June 19, 1956, ch. 407, title VIII, 811, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 109.)
20 USC 386a. Grants to States for library literacy centers
TITLE 20 -- EDUCATION
(a) Competitive selection process
The Secretary shall carry out a program of making grants on a
competitive basis to States which have an approved basic State plan
under section 351d of this title and an approved application under
section 386b of this title.
(b) Maximum total grant amounts; availability; matching funds
(1) The total grant amount awarded to each State shall not exceed --
(A) $350,000 in the first fiscal year in which a State receives a
grant under this part; and
(B) $100,000 in the second and third fiscal years in which a State
receives a grant under this part.
(2) Funds received in the first fiscal year in which a State receives
a grant under this part shall remain available until expended. Funds
received in the second and third fiscal year in which a State receives a
grant under this part shall be available only for the fiscal year for
which funds are received.
(3) Funds received in the second and third fiscal years in which a
State receives a grant under this part shall be matched, on a dollar for
dollar basis, from non-Federal sources.
(June 19, 1956, ch. 407, title VIII, 812, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 110.)
20 USC 386b. State application
TITLE 20 -- EDUCATION
(a) Purpose of grants
Funds appropriated pursuant to section 386g of this title shall be
available for grants to States for the purpose of supporting not more
than 1 library literacy center in each State to coordinate the statewide
distribution of library literacy materials and equipment on a loan basis
to local public libraries within the State.
(b) Submission by State library administrative agencies; requisite
assurances
Any State wishing to receive a grant shall, through its State library
administrative agency, in conjunction with the advisory committee
established under section 386e of this title, submit an application to
the Secretary at such time, in such form, and containing such
information and assurances as the Secretary may reasonably require. No
application may be approved by the Secretary unless it contains
assurances that the State will --
(1) designate the State library administrative agency, or select a
local public library through a competitive process, to serve as a
library literacy center in accordance with the provisions of this part;
(2) provide assurances that the library literacy center will --
(A) select local public libraries to participate in a literacy
materials and equipment loan program;
(B) select at least 25 percent of the local libraries that
participate in the literacy materials and equipment loan program from
rural areas;
(C) give priority in the selection of local public libraries to
participate in the literacy materials and equipment loan program to
public libraries within the State which serve those in greatest need;
(D) coordinate the distribution of equipment and materials; /1/
(E) provide training to local public library personnel;
(3) describe how the results of the grant program will be evaluated
and disseminated;
(4) set forth the potential of the grant program for achieving
replicability and for serving as a model program; and
(5) distribute 100 percent of the amounts received pursuant to this
part to the library literacy center as designated or selected under
section 386f of this title.
(c) Priority programs and services
The Secretary shall give priority to applicants whose applications
comply with the provisions of this part and describe programs and
services to be delivered in States which have --
(1) the highest concentrations of adults who do not have a secondary
education or its equivalent,
(2)(A) few community or financial resources to establish the program
described under this part without Federal assistance, or
(B) low per capita income, or high concentrations of unemployment or
underemployment.
(June 19, 1956, ch. 407, title VIII, 813, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 110.)
/1/ So in original. Probably should be ''; and''.
20 USC 386c. Use of funds
TITLE 20 -- EDUCATION
(a) Initiation, expansion, and improvement of literacy services and
programs
Funds made available under this part shall be used by the library
literacy centers to establish coordination centers to make literacy
materials and equipment available to local public libraries on a loan
basis to initiate, expand, or improve public library literacy services
and programs. Such services and programs may include --
(1) the acquisition of literacy education equipment including, but
not limited to, video recorders and television monitors;
(2) the acquisition of print materials, audio tapes and video tapes
designed to train adults with limited literacy skills, including
materials and tapes prepared by public television;
(3) the acquisition of library resource materials for literacy
instruction purposes;
(4) the acquisition of literacy training materials including but not
limited to General Education Development (GED) print materials and video
tapes; and
(5) staffing for coordination and training of local library personnel
on literacy services.
(b) Computers and computer software
Each library literacy center receiving a grant under this part may
use no more than 25 percent of such funds for the acquisition of
literacy education computers and computer software.
(June 19, 1956, ch. 407, title VIII, 814, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 111.)
20 USC 386d. Local application
TITLE 20 -- EDUCATION
(a) Submission by local public libraries
Any local public library desiring to participate in programs and
services conducted pursuant to this part shall submit an application to
the State or the library literacy center as selected by the State under
section 386f of this title at such time, in such form, and containing
such information as the State or the library literacy center determines
is necessary to evaluate the quality of the local public library's
proposal and the local public library's ability to carry out such
proposal.
(b) Requisite content
Each such application shall --
(1) describe the manner in which the equipment and materials will be
used to initiate, expand, or improve local library literacy services;
(2) demonstrate that the library has or will have sufficient
qualified staff and volunteers with specialized training in providing
library literacy services to adults;
(3) provide for the establishment of --
(A) a library literacy loan program through which adults with limited
literacy skills or individuals helping illiterate adults to learn to
read may borrow books, video tapes, and other learning materials; and
(B) other innovative programs and policies designed to encourage
greater use of the library by adults with limited literacy skills or
individuals helping illiterate adults learn to read;
(4) provide assurances that coordination will take place with
literacy organizations and community-based organizations providing
literacy services;
(5) provide job and career information to adults with limited
literacy skills who are unemployed or seeking a new job;
(6) provide information or referrals to other adult education
opportunities in the community;
(7) describe, if appropriate, any special services and outreach
activities which will be offered to meet the needs of adults with
limited literacy skills;
(8) describe the methods by which the library will publicize and
promote the services of the library in cooperation with the local media,
schools, businesses, social service agencies, and other appropriate
entities; and
(9) provide assurances that the materials, equipment and training
provided will be used to supplement and not supplant materials,
equipment and training otherwise available for the purposes of this
part.
(June 19, 1956, ch. 407, title VIII, 815, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 111.)
20 USC 386e. Advisory committee
TITLE 20 -- EDUCATION
Each State receiving a grant under this part shall establish an
advisory committee to assist in coordinating the services and programs
assisted under this part. Such committee shall consist of, but not be
limited to, representatives of --
(1) the Governor's office;
(2) the State library administrative agency;
(3) the State Advisory Council on Libraries;
(4) the State department of education;
(5) the State employment office;
(6) public television; and
(7) adult literacy community organizations.
(June 19, 1956, ch. 407, title VIII, 816, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 112.)
20 USC 386f. Selection of literacy learning centers
TITLE 20 -- EDUCATION
Each State receiving a grant under this part shall designate the
State library administrative agency as the library literacy center or
shall select a library literacy center on a competitive basis from among
the local public libraries submitting applications under section 386d of
this title. In making such selection, the State shall give priority to
applications which --
(1) demonstrate the greatest ability to carry out the requirements of
section 386b of this title and to serve other local libraries; and
(2) offer innovative approaches to improving library literacy
services to adults and approaches which show promise for replication and
dissemination.
(June 19, 1956, ch. 407, title VIII, 817, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 112.)
20 USC 386g. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated $3,000,000 for fiscal year
1991 and such sums as may be necessary for each fiscal year thereafter
to carry out the provisions of this part.
(June 19, 1956, ch. 407, title VIII, 818, as added Mar. 15, 1990,
Pub. L. 101-254, 23(a), 104 Stat. 113.)
20 USC CHAPTER 17 -- NATIONAL DEFENSE EDUCATION PROGRAM
TITLE 20 -- EDUCATION
Sec.
401 to 403. Omitted or Repealed.
421 to 429. Omitted or Repealed.
441 to 445. Omitted.
451 to 455. Omitted.
461 to 465. Omitted.
481 to 485. Omitted.
491. Omitted.
511 to 513. Repealed.
521. Repealed.
541, 542. Omitted.
551. Omitted.
561 to 563. Omitted.
581 to 589. Omitted or Repealed.
591, 592. Omitted.
601, 602. Omitted.
20 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 20 -- EDUCATION
20 USC 401. Omitted
TITLE 20 -- EDUCATION
The programs provided for in this chapter have not been funded for a
number of years. See Codification notes set out under sections 421,
441, 451, 461, 481, 541, and 591 of this title.
Section, Pub. L. 85-864, title I, 101, Sept. 2, 1958, 72 Stat.
1581; Pub. L. 88-665, title I, 101, Oct. 16, 1964, 78 Stat. 1100,
provided findings and declaration of policy for National Defense
Education Act of 1958.
20 USC 402. Repealed. Pub. L. 91-230, title IV, 401(f)(2), Apr. 13,
1970, 84 Stat. 173
TITLE 20 -- EDUCATION
Section, Pub. L. 85-864, title I, 102, Sept. 2, 1958, 72 Stat.
1582, prohibited Federal control of education (curriculum, program of
instruction, administration, or personnel of any educational institution
or school system. See section 1232a of this title.
20 USC 403. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 85-864, title I, 103, Sept. 2, 1958, 72 Stat.
1582; Pub. L. 86-70, 18(a)(1), June 25, 1959, 73 Stat. 144; Pub. L.
86-624, 14(a)(1), July 12, 1960, 74 Stat. 413; Pub. L. 88-210, title
II, 201, formerly 21, Dec. 18, 1963, 77 Stat. 415, renumbered Pub.
L. 90-576, title I, 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L.
88-665, title I, 102, 103, Oct. 16, 1964, 78 Stat. 1100; Pub. L.
89-329, title IV, 491, formerly 461, Nov. 8, 1965, 79 Stat. 1251,
renumbered Pub. L. 90-575, title I, 141, Oct. 16, 1968, 82 Stat.
1030; Pub. L. 89-752, 16(b), Nov. 3, 1966, 80 Stat. 1245; Pub. L.
90-575, title I, 174(a), title III, 351(c), Oct. 16, 1968, 82 Stat.
1035, 1058; Pub. L. 92-318, title I, 137(b), June 23, 1972, 86 Stat.
272; Pub. L. 94-482, title V, 501(m)(1), Oct. 12, 1976, 90 Stat.
2237; Pub. L. 96-88, title III, 301(a)(1), (2)(F), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, defined terms ''State'', ''institution of
higher education'', ''Secretary'', ''State educational agency'',
''school-age population'', ''elementary school'', ''secondary school'',
''public'', ''nonprofit'', ''local educational agency'', ''school of
nursing'', ''collegiate school of nursing'', ''associate degree school
of nursing'', and ''accredited''. See Codification note set out under
section 401 of this title.
20 USC SUBCHAPTER II -- LOANS TO STUDENTS IN INSTITUTIONS OF HIGHER
LEARNING
TITLE 20 -- EDUCATION
20 USC 421 to 425. Omitted
TITLE 20 -- EDUCATION
This subchapter has not been funded since fiscal year 1975.
Section 421, Pub. L. 85-864, title II, 201, Sept. 2, 1958, 72
Stat. 1583; Pub. L. 87-344, title II, 201(a), Oct. 3, 1961, 75 Stat.
759; Pub. L. 88-210, title II, 202(a), formerly 22(a), Dec. 18,
1963, 77 Stat. 415, renumbered Pub. L. 90-576, title II, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title II, 201, Oct.
16, 1964, 75 Stat. 1100; Pub. L. 89-752, 15, Nov. 3, 1966, 80 Stat.
1245; Pub. L. 90-575, title I, 171(a), Oct. 16, 1968, 82 Stat. 1034;
Pub. L. 91-95, 3, Oct. 22, 1969, 83 Stat. 143; Pub. L. 92-318,
title I, 137(a)(1), June 23, 1972, 86 Stat. 272; Pub. L. 96-88, title
III, 301(a)(1), title V, 507, Oct. 17, 1979, 93 Stat. 677, 692,
authorized appropriations for the years ending June 30, 1959, to June
30, 1972, and each of the next three fiscal years as necessary, for
low-interest loans to students in institutes of higher education under
sections 421 to 425 and 427 to 429 of this title.
Section 422, Pub. L. 85-864, title II, 202, Sept. 2, 1958, 72
Stat. 1583; Pub. L. 87-344, title II, 201(b), Oct. 3, 1961, 75 Stat.
759; Pub. L. 88-210, title II, 202(b), formerly 22(b), Dec. 18,
1963, 77 Stat. 416, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title II, 202, Oct.
16, 1964, 78 Stat. 1101; Pub. L. 90-575, title I, 171(b), Oct. 16,
1968, 82 Stat. 1034; Pub. L. 96-88, title III, 301(a)(1), title V,
507, Oct. 17, 1979, 93 Stat. 677, 692, related to allotments to States
from funds appropriated under section 421 of this title.
Section 423, Pub. L. 85-864, title II, 203, Sept. 2, 1958, 72
Stat. 1584; Pub. L. 88-210; title II, 202(c), formerly 22(c), Dec.
18, 1963, 77 Stat. 416, renumbered Pub. L. 90-576, title I,
101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title II,
203, Oct. 16, 1964, 78 Stat. 1101; Pub. L. 90-575, title I, 174(b),
Oct. 16, 1968, 82 Stat. 1035; Pub. L. 92-318, title I, 137(b), June
23, 1972, 86 Stat. 272; Pub. L. 96-88, title III, 301(a)(1), title V,
507, Oct. 17, 1979, 93 Stat. 677, 692, related to Federal capital
contributions to State institutions of higher education.
Section 424, Pub. L. 85-864, title II, 204, Sept. 2, 1958, 72
Stat. 1584; Pub. L. 88-665, title II, 204(a), Oct. 16, 1964, 78
Stat. 1101; Pub. L. 89-329, title IV, 492, 496(b), formerly 462,
466(b), Nov. 8, 1965, 79 Stat. 1252, 1254, renumbered and amended Pub.
L. 90-575, title I, 141, 172, 175, Oct. 16, 1968, 82 Stat. 1030,
1034, 1035; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, related to conditions of agreements
between Secretary of Education and institutions of higher education and
reimbursement of administrative expenses to such institutions.
Section 425, Pub. L. 85-864, title II, 205, Sept. 2, 1958, 72
Stat. 1584; Pub. L. 87-293, title I, 20, Sept. 22, 1961, 75 Stat.
623; Pub. L. 87-400, 1(a), Oct. 5, 1961, 75 Stat. 832; Pub. L.
88-210, title II, 202(d)(1), (2), formerly 22(d)(1), (2), Dec. 18,
1963, 77 Stat. 416, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title II, 205(a), (b),
Oct. 16, 1964, 78 Stat. 1101, 1102; Pub. L. 89-253, 31(a), Oct. 9,
1965, 79 Stat. 979; Pub. L. 89-329, title IV, 493(a), (b), 494(a),
495(a), 496(a), formerly 463(a), (b), 464(a), 465(a), 466(a), Nov. 8,
1965, 79 Stat. 1252, 1253; Pub. L. 89-572, 5(a), Sept. 13, 1966, 80
Stat. 765; Pub. L. 89-752, 16(a), Nov. 3, 1966, 80 Stat. 1245;
Pub. L. 89-794, title XI, 1101(a), Nov. 8, 1966, 80 Stat. 1476;
renumbered and amended Pub. L. 90-575, title I, 141, 173(a), Oct.
16, 1968, 82 Stat. 1030, 1034; Pub. L. 91-230, title V, 501(a), Apr.
13, 1970, 84 Stat. 174; Pub. L. 96-88, title III, 301(a)(1), title
V, 507, Oct. 17, 1979, 93 Stat. 677, 692, related to terms of loans
made to students from loan funds established by institutions of higher
education.
20 USC 426. Repealed. Pub. L. 92-318, title I, 137(d)(2), June 23,
1972, 86 Stat. 280
TITLE 20 -- EDUCATION
Section, Pub. L. 85-864, title II, 206, Sept. 2, 1958, 72 Stat.
1586; Pub. L. 87-344, title II, 201(c), Oct. 3, 1961, 75 Stat. 759;
Pub. L. 88-210, title II, 202(e), formerly 22(e), Dec. 18, 1963, 77
Stat. 416, renumbered Pub. L. 90-576, title I, 101(a)(1), Oct. 16,
1968, 82 Stat. 1064; Pub. L. 88-665, title II, 206, Oct. 16, 1964,
78 Stat. 1102; Pub. L. 90-575, title I, 171(c), Oct. 16, 1968, 82
Stat. 1034, provided for distributions of assets from student loan
funds. See section 1087ff of this title.
Repeal effective June 23, 1972, see section 137(d)(2) of Pub. L.
92-318.
20 USC 427 to 429. Omitted
TITLE 20 -- EDUCATION
This subchapter has not been funded since fiscal year 1975.
Section 427, Pub. L. 85-864, title II, 207, Sept. 2, 1958, 72
Stat. 1587; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, related to loans to help finance an
institution's capital contribution to a student loan fund.
Section 428, Pub. L. 85-864, title II, 208, Sept. 2, 1958, 72
Stat. 1587; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, related to payments to cover reductions in
amounts of student loans.
Section 429, Pub. L. 85-864, title II, 209, Sept. 2, 1958, 72
Stat. 1587; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, contained administrative provisions
relating to modification of agreements and loans, compromise, waiver, or
release of rights, and finality and conclusiveness of financial
transactions and vouchers of the Secretary.
20 USC SUBCHAPTER III -- FINANCIAL ASSISTANCE FOR STRENGTHENING
INSTRUCTION IN ACADEMIC SUBJECTS
TITLE 20 -- EDUCATION
20 USC Part A -- Grants to States
TITLE 20 -- EDUCATION
20 USC 441 to 445. Omitted
TITLE 20 -- EDUCATION
This part has not been funded since the fiscal year ending prior to
Oct. 1, 1978.
Section 441, Pub. L. 85-864, title III, 301, Sept. 2, 1958, 72
Stat. 1588; Pub. L. 87-344, title II, 202(a), Oct. 3, 1961, 75 Stat.
760; Pub. L. 88-210, title II, 203(a), formerly 23(a), Dec. 18,
1963, 77 Stat. 416, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title III, 302, Oct.
16, 1964, 78 Stat. 1103; Pub. L. 89-329, title IV, 497(a)(2),
formerly 467(a)(2), Nov. 8, 1965, 79 Stat. 1254; Pub. L. 89-752,
17(b), Nov. 3, 1966, 80 Stat. 1245; renumbered and amended Pub. L.
90-575, title I, 141, title III, 301(a), (b), 304(b), Oct. 16, 1968,
82 Stat. 1030, 1052, 1053; Pub. L. 91-230, title VIII, 807(a)(3),
Apr. 13, 1970, 84 Stat. 192; Pub. L. 92-318, title V, 502, June 23,
1972, 86 Stat. 345; Pub. L. 93-380, title VI, 651(a), Aug. 21, 1974,
88 Stat. 588; Pub. L. 94-482, title III, 301, title V, 501(k)(1),
Oct. 12, 1976, 90 Stat. 2215, 2237; Pub. L. 95-112, 4, Sept. 24,
1977, 91 Stat. 912, authorized appropriations for the fiscal year
ending June 30, 1959, through the fiscal year ending prior to Oct. 1,
1978, for payments to State educational agencies under sections 441 to
445 of this title.
Section 442, Pub. L. 85-864, title III, 302, Sept. 2, 1958, 72
Stat. 1588; Pub. L. 86-70, 18(a)(2), June 25, 1959, 73 Stat. 144;
Pub. L. 86-624, 14(a)(2)(A), (C), July 12, 1960, 74 Stat. 413; Pub.
L. 87-344, title II, 202(b), Oct. 3, 1961, 75 Stat. 760; Pub. L.
88-210, title II, 203(b), formerly 23(b), Dec. 18, 1963, 77 Stat.
416, renumbered Pub. L. 90-576, title I, 101(a)(1), Oct. 16, 1968, 82
Stat. 1064; Pub. L. 88-665, title III, 303, Oct. 16, 1964, 78 Stat.
1103; Pub. L. 90-575, title III, 303(b), 304(b), 351(b), Oct. 16,
1968, 82 Stat. 1053, 1058; Pub. L. 94-482, title V, 501(m)(2), Oct.
12, 1976, 90 Stat. 2237; Pub. L. 96-88, title III, 301(a)(1), title
V, 507, Oct. 17, 1979, 93 Stat. 677, 692, related to allotments to
States from funds appropriated under section 441 of this title.
Section 443, Pub. L. 85-864, title III, 303, Sept. 2, 1958, 72
Stat. 1589; Pub. L. 88-210, title II, 203(c), formerly 23(c), Dec.
18, 1963, 77 Stat. 417, renumbered Pub. L. 90-576, title I,
101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title III,
304, Oct. 16, 1964, 78 Stat. 1103; Pub. L. 89-329, title IV,
497(a)(1), formerly 467(a)(1), Nov. 8, 1965, 79 Stat. 1254; Pub. L.
89-752, 17(a), Nov. 3, 1966, 80 Stat. 1245; renumbered and amended
Pub. L. 90-575, title I, 141, title III, 302, 304(b), Oct. 16,
1968, 82 Stat. 1030, 1052, 1053; Pub. L. 91-230, title VIII,
807(a)(1), (2), Apr. 13, 1970, 84 Stat. 192; Pub. L. 96-88, title
III, 301(a)(1), title V, 507, Oct. 17, 1979, 93 Stat. 677, 692,
related to the requirements of State plans of any State desiring to
receive payments under sections 441 to 445 of this title.
Section 444, Pub. L. 85-864, title III, 304, Sept. 2, 1958, 72
Stat. 1589; Pub. L. 87-344, title II, 202(c), Oct. 3, 1961, 75 Stat.
760; Pub. L. 88-210, title II, 203(d), formerly 23(d), Dec. 18,
1963, 77 Stat. 417, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title III, 305, Oct.
16, 1964, 78 Stat. 1104; Pub. L. 90-575, title III, 301(c), Oct. 16,
1968, 82 Stat. 1052; Pub. L. 96-88, title III, 301(a)(1), title V,
507, Oct. 17, 1979, 93 Stat. 677, 692, related to payments to States
with plans approved under section 443 of this title.
Section 445, Pub. L. 85-864, title III, 305, Sept. 2, 1958, 72
Stat. 1590; Pub. L. 88-665, title III, 306, Oct. 16, 1964, 78 Stat.
1104; Pub. L. 90-575, title III, 303(a), Oct. 16, 1968, 82 Stat.
1053; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct. 17,
1979, 93 Stat. 677, 692, related to loans to private nonprofit
elementary and secondary schools in any State.
20 USC Part B -- Grants to Local Educational Agencies
TITLE 20 -- EDUCATION
20 USC 451 to 455. Omitted
TITLE 20 -- EDUCATION
This part has not been funded since fiscal year 1971.
Section 451, Pub. L. 85-864, title III, 311, as added Pub. L.
90-575, title III, 304(b), Oct. 16, 1968, 82 Stat. 1054, authorized
appropriations for the years ending June 30, 1969, to June 30, 1971, for
carrying out the provisions of sections 451 to 455 of this title.
Section 452, Pub. L. 85-864, title III, 312, as added Pub. L.
90-575, title III, 304(b), Oct. 16, 1968, 82 Stat. 1054; amended
Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct. 17, 1979, 93
Stat. 677, 692, related to allotments to local educational agencies
from funds appropriated under section 451 of this title.
Section 453, Pub. L. 85-864, title III, 313, as added Pub. L.
90-575, title III, 304(b), Oct. 16, 1968, 82 Stat. 1054; amended
Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct. 17, 1979, 93
Stat. 677, 692, related to applications for funds by local educational
agencies, approved by the appropriate State educational agency.
Section 454, Pub. L. 85-864, title III, 314, as added Pub. L.
90-575, title III, 304(b), Oct. 16, 1968, 82 Stat. 1055; amended
Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct. 17, 1979, 93
Stat. 677, 692, related to the requirements for applications of States
desiring to participate in programs under sections 451 to 455 of this
title.
Section 455, Pub. L. 85-864, title III, 315, as added Pub. L.
90-575, title III, 304(b), Oct. 16, 1968, 82 Stat. 1055; amended
Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct. 17, 1979, 93
Stat. 677, 692, related to payments to States for distribution to
eligible local educational agencies of such States.
20 USC SUBCHAPTER IV -- NATIONAL DEFENSE FELLOWSHIPS
TITLE 20 -- EDUCATION
20 USC 461 to 465. Omitted
TITLE 20 -- EDUCATION
Fellowships under this subchapter have not been authorized since the
fiscal year ending June 30, 1973.
Section 461, Pub. L. 85-864, title IV, 401, Sept. 2, 1958, 72
Stat. 1590, authorized appropriations to carry out sections 461 to 465
of this title.
Section 462, Pub. L. 85-864, title IV, 402, Sept. 2, 1958, 72
Stat. 1591; Pub. L. 87-344, title II, 203, Oct. 3, 1961, 75 Stat.
760; Pub. L. 88-210, title II, 204(a), (b), formerly 24(a), (b), Dec.
18, 1963, 77 Stat. 417, renumbered Pub. L. 90-576, title I,
101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title IV,
401, Oct. 16, 1964, 78 Stat. 1104; Pub. L. 90-575, title III,
311(a), 312(a), Oct. 16, 1968, 82 Stat. 1056; Pub. L. 96-88, title
III, 301(a)(1), title V, 507, Oct. 17, 1979, 93 Stat. 677, 692,
related to the number of fellowships to be awarded.
Section 463, Pub. L. 85-864, title IV, 403, Sept. 2, 1958, 72
Stat. 1591; Pub. L. 88-665, title IV, 402(a)-(c), Oct. 16, 1964, 78
Stat. 1104; Pub. L. 90-575, title III, 311(b), 312(c), 314, Oct.
16, 1968, 82 Stat. 1056, 1057; Pub. L. 96-88, title III, 301(a)(1),
title V, 507, Oct. 17, 1979, 93 Stat. 677, 692, contained
requirements and limitations relating to the awarding of fellowships.
Section 464, Pub. L. 85-864, title IV, 404, Sept. 2, 1958, 72
Stat. 1591; Pub. L. 88-210, title II, 204(c), formerly 24(c), Dec.
18, 1963, 77 Stat. 417, renumbered Pub. L. 90-576, title I,
101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title IV,
403, Oct. 16, 1964, 78 Stat. 1105; Pub. L. 90-575, title III,
313(a), Oct. 16, 1968, 82 Stat. 1056; Pub. L. 96-88, title III,
301(a)(1), title V, 507, Oct. 17, 1979, 93 Stat. 677, 692, related to
payment of stipends to persons awarded scholarships and payments to
institutions of higher education at which such persons were pursuing
courses of study.
Section 465, Pub. L. 85-864, title IV, 405, Sept. 2, 1958, 72
Stat. 1591; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, provided for conditions relating to
continued receipt of payments under section 464 of this title to persons
awarded fellowships.
20 USC SUBCHAPTER V -- GUIDANCE, COUNSELING, AND TESTING;
IDENTIFICATION AND ENCOURAGEMENT OF ABLE STUDENTS
TITLE 20 -- EDUCATION
20 USC Part A -- State Programs
TITLE 20 -- EDUCATION
20 USC 481 to 485. Omitted
TITLE 20 -- EDUCATION
This subchapter is no longer funded and was superseded by title III
of the Elementary and Secondary Education Act of 1965, which was
classified to subchapter II of chapter 24 of this title. Subchapter II
of chapter 24 of this title was omitted in the general revision of title
III of the Elementary and Secondary Education Act of 1965 by Pub. L.
95-561.
Section 481, Pub. L. 85-864, title V, 501, Sept. 2, 1958, 72 Stat.
1592; Pub. L. 87-344, title II, 204(a), Oct. 3, 1961, 75 Stat. 760;
Pub. L. 88-210, title II, 205(a), formerly, 25(a), Dec. 18, 1963, 77
Stat. 417, renumbered Pub. L. 90-576, title I, 101(a)(1), Oct. 16,
1968, 82 Stat. 1064; Pub. L. 88-665, title V, 501, Oct. 16, 1964, 78
Stat. 1105; Pub. L. 90-575, title III, 321(a), Oct. 16, 1968, 82
Stat. 1057, authorized appropriations for the years ending June 30,
1963, to June 30, 1971, for making grants to State educational agencies
under sections 481 to 484 of this title.
Section 482, Pub. L. 85-864, title V, 502, Sept. 2, 1958, 72 Stat.
1592; Pub. L. 88-210, title II, 205(b), formerly 25(b), Dec. 18,
1963, 77 Stat. 417, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 90-575, title III, 351(b),
Oct. 16, 1968, 82 Stat. 1058, related to allotments to States from
sums appropriated under section 481 of this title.
Section 483, Pub. L. 85-864, title V, 503, Sept. 2, 1958, 72 Stat.
1592; Pub. L. 88-210, title II, 205(c), formerly 25(c), Dec. 18,
1963, 77 Stat. 418, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title V, 502, Oct.
16, 1964, 78 Stat. 1105; Pub. L. 90-575, title III, 322, Oct. 16,
1968, 82 Stat. 1057, related to requirements of State plans of any
State desiring to receive payments under sections 481 to 484 of this
title.
Section 484, Pub. L. 85-864, title V, 504, Sept. 2, 1958, 72 Stat.
1592; Pub. L. 87-344, title II, 204(b), (c), Oct. 3, 1961, 75 Stat.
760; Pub. L. 88-210, title II, 205(d), formerly 25(d), Dec. 18,
1963, 77 Stat. 418, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title V, 503, Oct.
16, 1964, 78 Stat. 1105; Pub. L. 90-575, title III, 321(b), Oct. 16,
1968, 82 Stat. 1057, related to payments to States with plans approved
under section 483 of this title.
Section 485, Pub. L. 85-864, title V, 505, as added Pub. L.
88-665, title V, 504, Oct. 16, 1964, 78 Stat. 1106, defined ''junior
colleges or technical institutes'' as used in this subchapter.
20 USC Part B -- Counseling and Guidance Training Institutes
TITLE 20 -- EDUCATION
20 USC 491. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 85-864, title V, 511, Sept. 2, 1958, 72 Stat.
1593; Pub. L. 87-344, title II, 204(d), Oct. 3, 1961, 75 Stat. 760;
Pub. L. 88-210, title II, 205(e), formerly 25(e), Dec. 18, 1963, 77
Stat. 418, renumbered Pub. L. 90-576, title I, 101(a)(1), Oct. 16,
1968, 82 Stat. 1064; Pub. L. 88-665, title V, 505, Oct. 16, 1964, 78
Stat. 1106, authorized appropriations for the years ending June 30,
1959 and 1960 and the eight succeeding fiscal years for operation by
institutes of higher education of institutes for advanced study. For
further details see Codification note set out under section 481 of this
title.
20 USC SUBCHAPTER VI -- FOREIGN STUDIES AND LANGUAGE DEVELOPMENT
TITLE 20 -- EDUCATION
20 USC Part A -- Centers and Research and Studies
TITLE 20 -- EDUCATION
20 USC 511 to 513. Repealed. Pub. L. 96-374, title VI, 601(c)(1),
Oct. 3, 1980, 94 Stat. 1471
TITLE 20 -- EDUCATION
Section 511, Pub. L. 85-864, title VI, 601, Sept. 2, 1958, 72
Stat. 1593; Pub. L. 87-344, title II, 205(a), Oct. 3, 1961, 75 Stat.
760; Pub. L. 88-210, title II, 206(a), formerly 26(a), Dec. 18,
1963, 77 Stat. 418, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title VI, 601(a), Oct.
16, 1964, 78 Stat. 1106; Pub. L. 89-698, title II, 201, Oct. 29,
1966, 80 Stat. 1069; Pub. L. 90-575, title III, 331(a), Oct. 16,
1968, 82 Stat. 1057; Pub. L. 92-318, title I, 182(a), June 23, 1972,
86 Stat. 311, provided for language and area centers and programs. See
section 1121 et seq. of this title.
Section 512, Pub. L. 85-864, title VI, 602, Sept. 2, 1958, 72
Stat. 1594; Pub. L. 94-482, title III, 302(d), Oct. 12, 1976, 90
Stat. 2216; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, authorized a program of research and
studies. See section 1125 of this title.
Section 512a, Pub. L. 85-864, title VI, 603, as added Pub. L.
94-482, title III, 302(b), Oct. 12, 1976, 90 Stat. 2215; Pub. L.
96-88, title III, 301(a)(1), title V, 507, Oct. 17, 1979, 93 Stat.
677, 692, provided for a program of grants and contracts for promotion
of cultural understanding. See section 3063 et seq. of this title.
Section 513, Pub. L. 85-864, title VI, 604, formerly 603, Sept.
2, 1958, 72 Stat. 1594; Pub. L. 88-665, title VI, 601(b), Oct. 16,
1964, 78 Stat. 1107; Pub. L. 90-575, title III, 331(b), Oct. 16,
1968, 82 Stat. 1057; Pub. L. 92-318, title I, 182(b), June 23, 1972,
86 Stat. 312; renumbered and amended Pub. L. 94-482, title III,
302(b), (c), Oct. 12, 1976, 90 Stat. 2215, 2216; Pub. L. 95-43,
1(c), June 15, 1977, 91 Stat. 219; Pub. L. 96-49, 15, Aug. 13, 1979,
93 Stat. 354, authorized appropriations for foreign studies and
language development program. See sections 1127, 1130b, and 3065 of
this title.
Repeal effective Oct. 1, 1980, see section 1393 of Pub. L. 96-374,
set out as an Effective Date of 1980 Amendment note under section 1001
of this title.
20 USC Part B -- Language Institutes
TITLE 20 -- EDUCATION
20 USC 521. Repealed. Pub. L. 88-665, title VI, 602, Oct. 16, 1964,
78 Stat. 1107
TITLE 20 -- EDUCATION
Section, Pub. L. 85-864, title VI, 611, Sept. 2, 1958, 72 Stat.
1594; Pub. L. 87-344, title II, 205(b), Oct. 3, 1961, 75 Stat. 760;
Pub. L. 88-210, title II, 206(b), formerly 26(b), Dec. 18, 1963, 77
Stat. 418, renumbered Pub. L. 90-576, title I, 101(a)(1), Oct. 16,
1968, 82 Stat. 1064, authorized appropriation of $7,250,000 for fiscal
year ending June 30, 1959 and each of six succeeding fiscal years for
language institutes.
Repeal effective July 1, 1964, see section 602 of Pub. L. 88-665.
20 USC SUBCHAPTER VII -- RESEARCH AND EXPERIMENTATION IN MORE EFFECTIVE
UTILIZATION OF TELEVISION, RADIO, MOTION PICTURES, AND RELATED MEDIA FOR
EDUCATIONAL PURPOSES
TITLE 20 -- EDUCATION
20 USC Part A -- Research and Experimentation
TITLE 20 -- EDUCATION
20 USC 541, 542. Omitted
TITLE 20 -- EDUCATION
This subchapter has not been funded since the fiscal year ending in
1968.
Section 541, Pub. L. 85-864, title VII, 701, Sept. 2, 1958, 72
Stat. 1595; Pub. L. 88-210, title II, 207(a), formerly 27(a), Dec.
18, 1963, 77 Stat. 419, renumbered Pub. L. 90-576, title I,
101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 96-88, title III,
301(a)(1), title V, 507, Oct. 17, 1979, 93 Stat. 677, 692, directed
Secretary of Education, in cooperation with Advisory Committee on New
Educational Media, to conduct, assist, and foster research and
experimentation in development and evaluation of projects involving
communication media of possible value to State or local educational
agencies.
Section 542, Pub. L. 85-864, title VII, 702, Sept. 2, 1958, 72
Stat. 1595; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, authorized Secretary to make grants-in-aid
or contracts for projects of research or experimentation referred to in
section 541 of this title.
20 USC Part B -- Dissemination of Information on New Educational Media
TITLE 20 -- EDUCATION
20 USC 551. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 85-864, title VII, 731, Sept. 2, 1958, 72 Stat.
1595; Pub. L. 88-210, title II, 207(b), formerly 27(b), Dec. 18,
1963, 77 Stat. 419, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 96-88, title III, 301(a)(1),
title V, 507, Oct. 17, 1979, 93 Stat. 677, 692, related to functions
of Secretary of Education with respect to dissemination of information
on new educational media. See Codification note set out under sections
541, 542 of this title.
20 USC Part C -- General Provisions
TITLE 20 -- EDUCATION
20 USC 561 to 563. Omitted
TITLE 20 -- EDUCATION
This subchapter has not been funded since the fiscal year ending in
1968.
Section 561, Pub. L. 85-864, title VII, 761, Sept. 2, 1958, 72
Stat. 1596; Pub. L. 88-210, title II, 207(c), formerly 27(c), Dec.
18, 1963, 77 Stat. 419, renumbered Pub. L. 90-576, title I,
101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 91-230, title IV,
401(h)(1), Apr. 13, 1970, 84 Stat. 174; Pub. L. 96-88, title III,
301, title V, 507, Oct. 17, 1979, 93 Stat. 677, 692, related to
establishment, functions and utilization of services of Advisory
Committee on New Educational Media.
Section 562, Pub. L. 85-864, title VII, 762, Sept. 2, 1958, 72
Stat. 1597; Pub. L. 90-575, title III, 341, Oct. 16, 1968, 82 Stat.
1058; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct. 17,
1979, 93 Stat. 677, 692, related to securing of assistance and advice
of experts in utilization and adaptation of new media and technology for
educational purposes.
Section 563, Pub. L. 85-864, title VII, 763, Sept. 2, 1958, 72
Stat. 1597; Pub. L. 87-344, title II, 206, Oct. 3, 1961, 75 Stat.
760; Pub. L. 88-210, title II, 207(d), formerly 27(d), Dec. 18,
1963; 77 Stat. 419, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title VII, 701, Oct.
16, 1964, 78 Stat. 1107, authorized appropriations for fiscal year
ending June 30, 1959, and for each of nine succeeding fiscal years to
carry out provisions of this subchapter.
20 USC SUBCHAPTER VIII -- MISCELLANEOUS PROVISIONS
TITLE 20 -- EDUCATION
20 USC 581. Omitted
TITLE 20 -- EDUCATION
The programs provided for in this chapter have not been funded for a
number of years. See Codification notes set out under section 421, 441,
451, 461, 481, 541, and 591 of this title.
Section, Pub. L. 85-864, title X, 1001, Sept. 2, 1958, 72 Stat.
1602; Pub. L. 87-835, 3, Oct. 16, 1962, 76 Stat. 1070; Pub. L.
90-575, title I, 176, Oct. 16, 1968, 82 Stat. 1035; Pub. L. 91-230,
title IV, 401(c)(4), Apr. 13, 1970, 84 Stat. 173; Pub. L. 96-88,
title III, 301, title V, 507, Oct. 17, 1979, 93 Stat. 677, 692,
contained the general administrative provisions for the National Defense
Education Act of 1958 (this chapter) including provisions as to reports
to Congress, development of policies and procedures, consultation with
agencies, agency functions and authority under other laws, restriction
on loans, fellowships and stipends, oath or affirmation, statement of
conviction, registration of Communist organization, criminal penalties,
and authority to refuse or revoke fellowship awards.
20 USC 582, 583. Repealed. Pub. L. 91-230, title IV, 401(h)(1), Apr.
13, 1970, 84 Stat. 174
TITLE 20 -- EDUCATION
Section 582, Pub. L. 85-864, title X, 1002, Sept. 2, 1958, 72
Stat. 1602, authorized Commissioner to appoint advisory committees to
advise and consult with respect to administration of National Defense
Act, prescribed a membership of twelve, four each from fields of science
(engineering, mathematics, or science), humanities, and other
appropriate fields, and provided for compensation ($50 per day
limitation) and travel expenses of committee members.
Section 583, Pub. L. 85-864, title X, 1003, Sept. 2, 1958, 72
Stat. 1603, exempted members of advisory committees or information
councils from conflict-of-interest laws, with certain exceptions.
Such former provisions were superseded generally by sections 1233 to
1233g of this title as follows:
20 USC 584 to 589. Omitted
TITLE 20 -- EDUCATION
The programs provided for in this chapter have not been funded for a
number of years. See Codification notes set out under sections 421,
441, 451, 461, 481, 541, and 591 of this title.
Section 584, Pub. L. 85-864, title X, 1004, Sept. 2, 1958, 72
Stat. 1603; Pub. L. 88-665, title VIII, 801, Oct. 16, 1964, 78 Stat.
1107; Pub. L. 90-575, title III, 304(c), Oct. 16, 1968, 82 Stat.
1055; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct. 17,
1979, 93 Stat. 677, 692, related to administration of State plans,
including the requirements for approval of State plans, notice and
hearing prior to disapproval of a State plan, and restrictions on
payments to States for failure to comply with provisions of this
chapter.
Section 585, Pub. L. 85-864, title X, 1005, Sept. 2, 1958, 72
Stat. 1604; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, provided for judicial review where a State
was dissatisfied with Secretary's final action with respect to the
approval of its State plan or with respect to restriction of payments to
the State for failure to maintain compliance with conditions governing
original approval of such plan.
Section 586, Pub. L. 85-864, title X, 1006, Sept. 2, 1958, 72
Stat. 1604, provided that payments to any individual or to any State or
Federal agency, institution of higher education, or any other
organization, pursuant to a grant, loan, or contract, could be made in
installments, and in advance or by way of reimbursement, and, in case of
grants or loans, with necessary adjustments on account of overpayments
or underpayments.
Section 587, Pub. L. 85-864, title X, 1007, Sept. 2, 1958, 72
Stat. 1604, authorized appropriations for fiscal year ending June 30,
1959, and for each fiscal year thereafter, of such sums as might be
necessary for administrative costs, including administrative expenses of
State commissions.
Section 588, Pub. L. 85-864, title X, 1008, Sept. 2, 1958, 72
Stat. 1605; Pub. L. 86-70, 18(a)(3), June 25, 1959, 73 Stat. 144;
Pub. L. 86-624, 14(a)(3), July 12, 1960, 74 Stat. 413; Pub. L.
88-210, title II, 208(a), formerly 28(a), Dec. 18, 1963, 77 Stat.
419, renumbered Pub. L. 90-576, title I, 101(a)(1), Oct. 16, 1968, 82
Stat. 1064; Pub. L. 90-575, title III, 351(a), Oct. 16, 1968, 82
Stat. 1058; Pub. L. 94-482, title V, 501(m)(3), Oct. 12, 1976, 90
Stat. 2237; Pub. L. 96-88, title III, 301(a)(1), title V, 507, Oct.
17, 1979, 93 Stat. 677, 692, related to allotments to territories and
possessions from amounts reserved by Secretary under provisions relating
to allotments to States and educational institutions.
Section 589, Pub. L. 85-864, title X, 1009, Sept. 2, 1958, 72
Stat. 1605; Pub. L. 87-344, title II, 208, Oct. 3, 1961, 75 Stat.
761; Pub. L. 88-210, title II, 208(b), formerly 28(b), Dec. 18,
1963, 77 Stat. 419, renumbered Pub. L. 90-576, title I, 101(a)(1),
Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title VIII, 802, Oct.
16, 1964, 78 Stat. 1107, authorized appropriations for fiscal year
ending June 30, 1959, and each of nine succeeding fiscal years for
grants to States for improvement of statistical services of State
educational agencies and prescribed terms and conditions for such
grants.
20 USC SUBCHAPTER IX -- INSTITUTES
TITLE 20 -- EDUCATION
20 USC Part I -- General
TITLE 20 -- EDUCATION
20 USC 591, 592. Omitted
TITLE 20 -- EDUCATION
This part has not been funded since the fiscal year ending June 30,
1968.
Section 591, Pub. L. 85-864, title XI, 1101, as added Pub. L.
88-665, title IX, 901(a), Oct. 16, 1964, 78 Stat. 1107; amended Pub.
L. 89-329, title II, 225, title IV, 497(b), formerly 467(b), Nov.
8, 1965, 79 Stat. 1228, 1254, renumbered Pub. L. 90-575, title I,
141, Oct. 16, 1968, 82 Stat. 1030; Pub. L. 90-247, title VII, 705,
Jan. 2, 1968, 81 Stat. 820; Pub. L. 96-88, title III, 301(a)(1),
title V, 507, Oct. 17, 1979, 93 Stat. 677, 692, authorized
appropriations for fiscal years ending June 30, 1965, to June 30, 1968,
for grants to institutions of higher education for operation of
institutes for advanced study.
Section 592, Pub. L. 85-864, title XI, 1102, as added Pub. L.
88-665, title IX, 901(a), Oct. 16, 1964, 78 Stat. 1108; amended Pub.
L. 89-698, title II, 202(2), Oct. 29, 1966, 80 Stat. 1070, related
to receipt of stipends by individuals attending institutes for advanced
study.
20 USC Part II -- International Affairs
TITLE 20 -- EDUCATION
20 USC 601, 602. Omitted
TITLE 20 -- EDUCATION
This part has not been funded since the fiscal year ending June 30,
1968.
Section 601, Pub. L. 85-864, title XI, 1111, as added Pub. L.
89-698, title II, 202(3), Oct. 29, 1966, 80 Stat. 1070; amended Pub.
L. 96-88, title III, 301(a)(1), title V, 507, Oct. 17, 1979, 93
Stat. 677, 692, authorized appropriations for fiscal years ending June
30, 1967 and June 30, 1968, for international affairs institutes for
secondary school teachers.
Section 602, Pub. L. 85-864, title XI, 1112, as added Pub. L.
89-698, title II, 202(3), Oct. 29, 1966, 80 Stat. 1070; amended Pub.
L. 96-88, title III, 301(a)(1), title V, 507, Oct. 17, 1979, 93
Stat. 677, 692, authorized payment of stipends to individuals studying
in programs assisted under section 601 of this title.
20 USC CHAPTER 18 -- GRANTS FOR TEACHING IN THE EDUCATION OF HANDICAPPED
CHILDREN
TITLE 20 -- EDUCATION
20 USC 611 to 618. Repealed. Pub. L. 91-230, title VI, 662(2), (4),
Apr. 13, 1970, 84 Stat. 188
TITLE 20 -- EDUCATION
Section 611, Pub. L. 85-926, 1, Sept. 6, 1958, 72 Stat. 1777;
Pub. L. 88-164, title III, 301(a)(1) to (3), (b), Oct. 31, 1963, 77
Stat. 294; Pub. L. 90-576, title III, 304, Oct. 16, 1968, 82 Stat.
1096, authorized grants to public or non-profit institutions and
enumerated certain uses of the grants.
Section 612, Pub. L. 85-926, 2, Sept. 6, 1958, 72 Stat. 1777;
Pub. L. 86-158, title II, 201, Aug. 14, 1959, 73 Stat. 346; Pub. L.
88-164, title III, 301(a)(3), Oct. 31, 1963, 77 Stat. 294, authorized
grants to State educational agencies for fellowships.
Section 613, Pub. L. 85-926, 3, Sept. 6, 1958, 72 Stat. 1777;
Pub. L. 88-164, title III, 301(a)(4), Oct. 31, 1963, 77 Stat. 294,
related to payment of grants.
Section 614, Pub. L. 85-926, 4, Sept. 6, 1958, 72 Stat. 1777,
required submission of report to Commissioner, including financial
statement.
Section 615, Pub. L. 85-926, 5, Sept. 6, 1958, 72 Stat. 1777;
Pub. L. 89-105, 7, Aug. 4, 1965, 79 Stat. 430, defined terms
''nonprofit institution'', ''State educational agency'' and ''State''.
Section 616, Pub. L. 85-926, 6, Sept. 6, 1958, 72 Stat. 1777,
authorized delegation of functions.
Section 617, Pub. L. 85-926, 7, Sept. 6, 1958, 72 Stat. 1777;
Pub. L. 88-164, title III, 301(a)(4), Oct. 31, 1963, 77 Stat. 294;
Pub. L. 89-105, 8, Aug. 4, 1965, 79 Stat. 430; Pub. L. 90-170, 6,
Dec. 4, 1967, 81 Stat. 530, authorized appropriations of $19,500,000;
$29,500,000; $34,000,000; $37,500,000; and $55,000,000 for fiscal
years ending June 30, 1966, 1967, 1968, 1969, and 1970, respectively.
Section 618, Pub. L. 88-164, title III, 302, Oct. 31, 1963, 77
Stat. 295; Pub. L. 89-105, 4, 5, Aug. 4, 1965, 79 Stat. 429, 430;
Pub. L. 90-247, title I, 156, Jan. 2, 1968, 81 Stat. 805, related to
research and demonstration projects: authorization of appropriations,
installments, advances, or reimbursements, and conditions; advisory
committees; panel or experts; compensation and travel expenses;
delegation of functions; construction, equipping and operation of
facilities; wages of laborers and authority and functions of Secretary
of Labor; definition of ''construction'' and ''cost of construction'';
and definition of ''research and related purposes''.
For subject matter of former sections 611 to 618, see following
table:
Repeal effective July 1, 1971, see section 662 of Pub. L. 91-230.
20 USC CHAPTER 18A -- EARLY EDUCATION PROGRAMS FOR HANDICAPPED CHILDREN
TITLE 20 -- EDUCATION
20 USC 621 to 624. Repealed. Pub. L. 91-230, title VI, 662(5), Apr.
13, 1970, 84 Stat. 188
TITLE 20 -- EDUCATION
Sections 621 to 624, Pub. L. 90-538, 2-5, Sept. 30, 1968, 82
Stat. 901, 902, popularly known as the ''Handicapped Children's Early
Education Assistance Act'', related to the following subject matter:
Section 621, experimental preschool and early education programs for
handicapped children: authorization, special problems of the
handicapped, National distribution, urban and rural areas, and scope of
activities and services; community coordination of programs; and
Federal share and non-Federal contributions.
Section 622, evaluation.
Section 623, definition of handicapped children.
Section 624, appropriations authorization.
For general subject matter of these sections, see sections 1423,
1425, 1401(1), and 1426 of this title, respectively.
Repeal effective July 1, 1971, see section 662 of Pub. L. 91-230.
20 USC CHAPTER 19 -- SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL
ACTIVITIES
TITLE 20 -- EDUCATION
Sec.
631. Declaration of purpose; authorization of appropriations.
632. Annual apportionment of funds; use of remainder.
633. Dates for filing applications; priorities.
634. Federal share of cost for any project.
635. Limitation on total payments to local agencies.
(a) Determination by categories of federally-connected children.
(b) Election where two or more categories apply.
(c) Eligibility conditions for each category.
(d) Reduction in number of federally-connected children to be used in
computation, in certain cases.
(e) Waiver of conditions.
(f) Limitation on numerical count of children.
636. Applications for payment.
(a) Submission and filing.
(b) Contents; approval conditions.
(c) Hearing.
637. Payments to local agencies.
(a) Federal share of project cost.
(b) Repayment of unexpended funds.
638. Additional payments in unusual cases.
639. Procedure in cases of temporary Federal activities; donation
of temporary school facilities.
640. Children for whom local agencies are unable to provide
education.
(a) Provision for minimum school facilities.
(b) Transfer in Federal interest of title of facilities to local
educational agencies.
(c) Children living on Federal property.
641. Withholding of payments for noncompliance.
(a) Noncompliance with project; diversion of funds; failure to
carry out assurances in application.
(b) Judicial review of Secretary's action in disapproving
applications or withholding payments.
642. Administration of chapter.
(a) Repealed.
(b) Regulations and functions necessary to carry out provisions of
chapter.
(c) Contents of report to Congress.
643. Federal departments and agencies under this chapter.
(a) Repealed.
(b) Information to Secretary.
(c) Transfer and availability of appropriations.
644. Assistance in other federally-affected areas.
(a) Eligibility requirements due to impairment in financing abilities
created by immunity from taxation of Indian lands.
(b) Alternative eligibility requirements due to impairment in
financing abilities created by immunity from taxation of Indian lands.
(c) Eligibility requirements due to impairment in financing abilities
created by immunity from taxation of Federal property.
(d) Authorization of appropriations.
(e) Applications; priority of approvals; conditions precedent;
consultation with agencies.
(f) Payments to local agencies; repayments of unexpended funds.
(g) Application of sections 631 to 640 of this title.
(h) Congressional declaration of policy with respect to school
construction assistance for Indian children.
645. Definitions.
646. Assistance in cases of certain disasters.
(a) Eligibility requirements; maximum amount; form, terms and
conditions.
(b) Authorization of appropriations; expenditure of sums pending
appropriation.
(c) Applications; priority of approvals; conditions precedent;
consultation with agencies; prompt consideration for applications.
(d) Payments to local agencies; repayment of unexpended funds.
(e) Applicability of sections 631 to 640 of this title.
647. Determination of payment not affected by announcement of
decrease in or cessation of Federal activities in certain areas.
section 1620.
20 USC 631. Declaration of purpose; authorization of appropriations
TITLE 20 -- EDUCATION
(a) The purpose of this chapter is to provide assistance for the
construction of urgently needed minimum school facilities in school
districts which have had substantial increases in school membership as a
result of new or increased Federal activities. There are authorized to
be appropriated for the fiscal year ending June 30, 1959, and each
fiscal year thereafter, such sums as the Congress may determine to be
necessary for such purpose. Sums so appropriated, other than sums
appropriated for administration, shall remain available until expended.
(b) There are authorized to be appropriated $25,000,000 for fiscal
year 1989, $26,000,000 for fiscal year 1990, $27,000,000 for fiscal year
1991, $28,000,000 for fiscal year 1992, and $29,000,000 for fiscal year
1993, to carry out the provisions of this chapter.
(Sept. 23, 1950, ch. 995, 1, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 548; amended Apr. 28, 1988, Pub. L.
100-297, title II, 2031(b), 102 Stat. 301.)
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title III, 301, as added Aug. 8, 1953,
ch. 400, 1, 67 Stat. 522; amended Aug. 3, 1956, ch. 915, title I,
103, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, 2, 71 Stat. 593
(formerly classified to section 291 of this title), prior to the
complete amendment and renumbering of act Sept. 23, 1950, by Pub. L.
85-620.
1988 -- Pub. L. 100-297 designated existing provision as subsec.
(a) and added subsec. (b).
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Section 102 of Pub. L. 85-620 provided that: ''The amendment made
by section 101 (amending this chapter) shall be effective for the period
beginning July 1, 1958, except that such amendment shall not apply in
the determination of payments on applications based on the increase
period ending with the regular school year 1958-1959, or any prior
regular school year.''
20 USC 632. Annual apportionment of funds; use of remainder
TITLE 20 -- EDUCATION
For each fiscal year the Secretary shall determine the portion of the
funds appropriated pursuant to section 631 of this title which shall be
available for carrying out the provisions of sections 639 and 640 of
this title. The remainder of such funds shall be available for paying
to local educational agencies the Federal share of the cost of projects
for the construction of school facilities for which applications have
been approved under section 636 of this title.
(Sept. 23, 1950, ch. 995, 2, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 548; amended Apr. 28, 1988, Pub. L.
100-297, title II, 2032(a)(1), 102 Stat. 301.)
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title III, 302, as added Aug. 8, 1953,
ch. 400, 1, 67 Stat. 522 (formerly classified to section 292 of this
title), prior to the complete amendment and renumbering of act Sept.
23, 1950, by Pub. L. 85-620.
1988 -- Pub. L. 100-297 substituted ''Secretary'' for
''Commissioner''.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
20 USC 633. Dates for filing applications; priorities
TITLE 20 -- EDUCATION
The Secretary shall from time to time set dates by which applications
for payments under this chapter with respect to construction projects
must be filed, except that the last such date with respect to
applications for payments on account of children referred to in
paragraphs (2) or (3) of section 635(a) of this title shall be not later
than September 30, 1993. The Secretary shall by regulation prescribe an
order of priority, based on relative urgency of need, to be followed in
approving applications in the event the funds appropriated under this
chapter and remaining available on any such date for payment to local
educational agencies are less than the Federal share of the cost of the
projects with respect to which applications have been filed prior to
such date (and for which funds under this chapter have not already been
obligated). Only applications meeting the conditions for approval under
this chapter (other than section 636(b)(2)(C) of this title) shall be
considered applications for purposes of the preceding sentence. Such
order of priority shall provide that applications for payments based
upon increases in the number of children residing on, or residing with a
parent employed on, property which is part of a low-rent housing project
assisted under the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) shall not be approved for any fiscal year until all other
applications under paragraphs (2) and (3) of subsection (a) of section
635 of this title have been approved for that fiscal year.
(Sept. 23, 1950, ch. 995, 3, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 548; amended Oct. 3, 1961, Pub. L.
87-344, title I, 101(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210,
title III, 301(a), formerly 31(a), 77 Stat. 419, renumbered title III,
301(a), Oct. 16, 1968, Pub. L. 90-576, title I, 101(a)(1), 82 Stat.
1064; Oct. 16, 1964, Pub. L. 88-665, title XI, 1101(a), 78 Stat. 1109;
Nov. 3, 1966, Pub. L. 89-750, title II, 221, 80 Stat. 1213; Jan. 2,
1968, Pub. L. 90-247, title III, 301(d)(1), 81 Stat. 813; Apr. 13,
1970, Pub. L. 91-230, title II, 201(a)(1), 203(c)(3), 84 Stat. 154,
156; Aug. 21, 1974, Pub. L. 93-380, title III, 301(a)(1), 88 Stat.
521; Apr. 21, 1976, Pub. L. 94-273, 2(13), 90 Stat. 375; Nov. 1,
1978, Pub. L. 95-561, title X, 1021(a), 92 Stat. 2311; Oct. 19, 1984,
Pub. L. 98-511, title III, 301(b)(1), 98 Stat. 2388; Apr. 28, 1988,
Pub. L. 100-297, title II, 2031(a)(1), 2032(a)(1), 102 Stat. 301.)
The United States Housing Act of 1937, referred to in text, is act
Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title
II, 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified
generally to chapter 8 ( 1437 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 1437 of Title 42 and Tables.
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title III, 303, as added Aug. 8, 1953,
ch. 400, 1, 67 Stat. 522; amended Aug. 31, 1954, ch. 1149, 2, 68
Stat. 1005; Aug. 3, 1956, ch. 915, title I, 104, 70 Stat. 968;
Sept. 2, 1957, Pub. L. 85-267, 3, 71 Stat. 593 (formerly classified
to section 293 of this title), prior to the complete amendment and
renumbering of act Sept. 23, 1950, by Pub. L. 85-620.
1988 -- Pub. L. 100-297 substituted ''Secretary'' for
''Commissioner'' in two places and ''1993'' for ''1988''.
1984 -- Pub. L. 98-511 substituted ''1988'' for ''1983''.
1978 -- Pub. L. 95-561 substituted ''1983'' for ''1978''.
1976 -- Pub. L. 94-273 substituted ''September'' for ''June''.
1974 -- Pub. L. 93-380 substituted ''1978'' for ''1973''.
1970 -- Pub. L. 91-230 substituted ''1973'' for ''1970'' and
required prior approval of applications under section 635(a)(2) and (3)
of this title for any fiscal year before approval for such fiscal year
of applications for payments based upon increases in the number of
children residing on, or residing with a parent employed on, property
which is part of a low-rent housing project under the United States
Housing Act of 1937, respectively.
1968 -- Pub. L. 90-247 substituted ''1970'' for ''1967''.
1966 -- Pub. L. 89-750 substituted ''1967'' for ''1966''.
1964 -- Pub. L. 88-665 substituted ''1966'' for ''1965''.
1963 -- Pub. L. 88-210 substituted ''1965'' for ''1963''.
1961 -- Pub. L. 87-344 substituted ''1963'' for ''1961''.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section
711(a) of Pub. L. 98-511, set out as a note under section 237 of this
title.
Amendment by Pub. L. 95-561 effective with respect to 1979 fiscal
year and subsequent fiscal years, see section 1032 of Pub. L. 95-561,
set out as a note under section 237 of this title.
Section 301(c) of Pub. L. 93-380 provided that: ''The amendments
made by this section (amending this section and sections 645 and 646 of
this title) shall be effective on and after July 1, 1973.''
Amendment by Pub. L. 89-750 effective for fiscal years beginning
after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a
note under section 238 of this title.
Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303,
formerly section 33, of Pub. L. 88-210, set out as a note under section
237 of this title.
Section 103 of Pub. L. 87-344 provided that: ''The amendments made
by this title (amending this section and sections 237, 238, 239, 644,
and 645 of this title) shall be effective for the period beginning July
1, 1961.''
20 USC 634. Federal share of cost for any project
TITLE 20 -- EDUCATION
Subject to section 635 of this title (which imposes limitations on
the total of the payments which may be made to any local educational
agency), the Federal share of the cost of a project under this chapter
shall be equal to such cost, but in no case to exceed the cost, in the
school district of the applicant, of constructing minimum school
facilities, and in no case to exceed the cost in such district of
constructing minimum school facilities for the estimated number of
children who will be in the membership of the schools of such agency at
the close of the second year following the increase period and who will
otherwise be without such facilities at such time. For the purposes of
the preceding sentence, the number of such children who will otherwise
be without such facilities at such time shall be determined by reference
to those facilities which (1) are built or under contract as of the date
on which the Secretary set, under section 633 of this title, the
earliest date on or before which the application for such project was
filed, or (2) as of the date the application for such project is
approved, are included in a project the application for which has been
approved under this chapter.
(Sept. 23, 1950, ch. 995, 4, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 549; amended Nov. 3, 1966, Pub. L.
89-750, title II, 224, 80 Stat. 1214; Apr. 28, 1988, Pub. L. 100-297,
title II, 2032(a)(1), 102 Stat. 301.)
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title III, 304(a), as added Aug. 8,
1953, ch. 400, 1, 67 Stat. 522; amended Aug. 31, 1954, ch. 1149,
3, 68 Stat. 1005; Aug. 12, 1955, ch. 868, 5, 69 Stat. 714; Aug. 3,
1956, ch. 915, title I, 105, 70 Stat. 968; Sept. 2, 1957, Pub. L.
85-267, 4, 71 Stat. 593 (formerly classified to section 294(a) of this
title), prior to the complete amendment and renumbering of act Sept.
23, 1950, by Pub. L. 85-620.
1988 -- Pub. L. 100-297 substituted ''Secretary'' for
''Commissioner''.
1966 -- Pub. L. 89-750 extended time for determining number of
unhoused children by authorizing Commissioner to make the estimate for a
period extending two years beyond the increase period.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 89-750 effective for fiscal years beginning
after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a
note under section 238 of this title.
of this title.
20 USC 635. Limitation on total payments to local agencies
TITLE 20 -- EDUCATION
(a) Determination by categories of federally-connected children
Subject to the limitations in subsections (c) and (d) of this
section, the total of the payments to a local educational agency under
this chapter may not exceed the sum of the following:
(1) the estimated increase, since the base year, in --
(A) the number of children determined with respect to such agency
under section 238(a)(2) of this title, multiplied by 100 per centum of
the average per pupil cost of constructing minimum school facilities in
the State in which the school district of such agency is situated;
(B) the number of children determined with respect to such agency
under section 238(a)(1) of this title multiplied by 90 per centum of
such cost;
(2) the estimated increase, since the base year, in --
(A) the number of children determined with respect to such agency
under section 238(b)(3) of this title multiplied by 50 per centum of
such cost;
(B) the number of children determined with respect to such agency
under section 238(b)(1) of this title multiplied by 45 per centum of
such cost; and
(C) the number of children determined with respect to such agency
under section 238(b)(2) of this title multiplied by 40 per centum of
such cost;
(3) the estimated increase, since the base year, in the number of
children whose membership results directly from activities of the United
States (carried on either directly or through a contractor), multiplied
by 45 per centum of the average per pupil cost of constructing minimum
school facilities in the State in which the school district of such
agency is situated. For purposes of this paragraph, the Secretary shall
not consider as activities of the United States those activities which
are carried on in connection with real property excluded from the
definition of Federal property by the last sentence of paragraph (1) of
section 645 of this title, but shall (if the local educational agency so
elects pursuant to subsection (b) of this section) consider as children
whose membership results directly from activities of the United States
children residing on Federal property or residing with a parent employed
on Federal property; and
(4) for the fiscal year ending June 30, 1967, the estimated number of
children, without regard to the limitation in subsection (d) of this
section, whose membership in the schools of such local educational
agency resulted from a change in residence from land transferred to
Mexico as part of a relocation of an international boundary of the
United States, multiplied by 50 per centum of the average per pupil cost
of constructing minimum school facilities in the State in which the
school district of such agency is situated; but if, by reason of any
other provision of law, this clause is not considered in computing the
maximum payments a local educational agency may receive for the fiscal
year ending June 30, 1967, the additional amount such agency would have
been entitled to receive shall be added to such agency's entitlement for
the first fiscal year for which funds appropriated to carry out this
chapter may be used for such purpose.
In computing for any local educational agency the number of children
in an increase under paragraph (1), (2), or (3), the estimated number of
children described in such paragraph who will be in the membership of
the schools of such agency at the close of the increase period shall be
compared with the estimated number of such children in the average daily
membership of the schools of such agency during the base year.
(b) Election where two or more categories apply
If two or more of the paragraphs of subsection (a) of this section
apply to a child, the local educational agency shall elect which of such
paragraphs shall apply to such child, except that, notwithstanding the
election of a local educational agency to have paragraph (2) apply to a
child instead of paragraph (1), the determination of the maximum amount
for such agency under subsection (a) of this section shall be made
without regard to such election.
(c) Eligibility conditions for each category
A local educational agency shall not be eligible to have any amount
included in its maximum by reason of paragraph (1), (2), or (3) of
subsection (a) of this section unless the increase in children referred
to in such paragraph, prior to the application of the limitation in
subsection (d) of this section is at least twenty and --
(1) in the case of paragraph (1) or (2), is --
(A) equal to at least 6 per centum of the number of all children who
were in the average daily membership of the schools of such agency
during the base year, or
(B) at least one thousand five hundred, whichever is the lesser; and
(2) in the case of paragraph (3), is --
(A) equal to at least 10 per centum of the number of all children who
were in the average daily membership of the schools of such agency
during the base year, or
(B) at least two thousand five hundred,
whichever is the lesser: Provided, That no local educational agency
shall be regarded as eligible under this paragraph (2) unless the
Secretary finds that the construction of additional minimum school
facilities for the number of children in such increase will impose an
undue financial burden on the taxing and borrowing authority of such
agency.
In determining the eligibility of a local educational agency under
this subsection and in determining the number of federally connected
children who are in the average daily membership of the schools of such
agency during a base year and in estimating the increase since the base
year in the number of such children under subsection (a) of this
section, children residing on any housing property (whether or not owned
by the United States), which is part of a low-rent housing project
assisted under the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), shall not be considered as having been federally connected during
the base year if such housing project was begun after the base year of
1964-1965.
(d) Reduction in number of federally-connected children to be used in
computation, in certain cases
If (1) the estimated number of nonfederally connected children who
will be in the membership of the schools of a local educational agency
at the close of the increase period is less than (2) 106 per centum of
the number of such children who were in the average daily membership of
such agency during the base year, the total number of children counted
for purposes of subsection (a) of this section with respect to such
agency shall be reduced by the difference between (1) and (2) hereof,
except that the number of children counted for the purposes of paragraph
(1) or (2) of subsection (a) of this section shall not be reduced by
more than one thousand five hundred and that the number of children
counted for the purposes of paragraph (3) of subsection (a) of this
section shall not be reduced by more than two thousand five hundred.
For purposes of this subsection, all children in the membership of a
local educational agency shall be counted as nonfederally connected
children except children whose membership in the base year and increase
period was compared in computing an increase which meets the
requirements of subsection (c) of this section.
(e) Waiver of conditions
Notwithstanding the provisions of subsections (c), (d), and (f) of
this section, whenever and to the extent that, in his judgment,
exceptional circumstances exist which make such action necessary to
avoid inequity and avoid defeating the purposes of this chapter, the
Secretary may do any one or more of the following: (1) he may waive or
reduce the minimum number requirement or any percentage requirement or
requirements in subsection (c) of this section; (2) he may waive the
requirement contained in the first sentence of subsection (d) of this
section or reduce the percentage specified in clause (2) of such
sentence; or (3) he may waive or reduce the requirement contained in
subsection (f) of this section.
(f) Limitation on numerical count of children
In determining under this section the total of the payments which may
be made to a local educational agency on the basis of any application,
the total number of children counted for purposes of paragraph (1), (2),
or (3), as the case may be, of subsection (a) of this section may not
exceed --
(1) the number of children whose membership at the close of the
increase period for the application is compared with membership in the
base period for purposes of that paragraph, minus
(2) the number of such children whose membership at the close of the
increase period was compared with membership in the base year for
purposes of such paragraph under the last previous application, if any,
of the agency on the basis of which any payment has been or may be made
to that agency.
(Sept. 23, 1950, ch. 995, 5, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 549; amended Nov. 1, 1965, Pub. L.
89-313, 5, 79 Stat. 1161; Nov. 3, 1966, Pub. L. 89-750, title II,
222(a), (e), 223, 226, 227, 80 Stat. 1213-1215; Jan. 2, 1968, Pub. L.
90-247, title II, 205(b), 207, 81 Stat. 809; Apr. 13, 1970, Pub. L.
91-230, title II, 203(a)(3), 204, 84 Stat. 155, 157; May 21, 1970,
Pub. L. 91-260, 84 Stat. 254; Aug. 21, 1974, Pub. L. 93-380, title III,
302(a), 88 Stat. 521; Nov. 1, 1978, Pub. L. 95-561, title X, 1022, 92
Stat. 2312; Apr. 28, 1988, Pub. L. 100-297, title II, 2032(a)(1), 102
Stat. 301.)
The United States Housing Act of 1937, referred to in subsec. (c),
is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.
93-383, title II, 201(a), Aug. 22, 1974, 88 Stat. 653, which is
classified generally to chapter 8 ( 1437 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 1437 of Title 42
and Tables.
Section 238(a)(1) of this title, referred to in subsec. (a)(1)(B),
in the original read ''section 3(a)(1) and such Act'' but was probably
intended to be ''section 3(a)(1) of such Act'', meaning act Sept. 30,
1950, ch. 1124, 3(a)(1), 64 Stat. 1102.
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title III, 305, as added Aug. 8, 1953,
ch. 400, 1, 67 Stat. 523; amended Aug. 31, 1954, ch. 1149, 4, 5,
68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, 106, 70 Stat. 968;
Sept. 2, 1957, Pub. L. 85-267, 5, 71 Stat. 593 (formerly classified
to section 295 of this title), prior to the complete amendment and
renumbering of act Sept. 23, 1950, by Pub. L. 85-620.
1988 -- Subsecs. (a)(3), (c)(2), (e). Pub. L. 100-297 substituted
''Secretary'' for ''Commissioner'' wherever appearing.
1978 -- Subsec. (a)(1), (2). Pub. L. 95-561 changed provisions
relating to method of determining number of children so as to conform
method of counting to that used in section 238 of this title.
1974 -- Subsec. (a)(1). Pub. L. 93-380, 302(a)(1), struck out ''(A)
who so resided with a parent employed on Federal property (situated in
whole or in part in the same State as the school district of such agency
or within reasonable commuting distance from such school district) or
(B) who had a parent who was on active duty in the uniformed services
(as defined in section 102 of the Career Compensation Act of 1949),''
after ''Federal property''.
Subsec. (a)(2). Pub. L. 93-380, 302(a)(2), struck out ''residing on
Federal property, or (B)'' after ''number of children (A)'' and
redesignated cl. (C) as (B).
1970 -- Subsec. (c). Pub. L. 91-260 substituted ''at least 6 per
centum'' for ''at least 10 per centum'' in par. (1)(A).
Pub. L. 91-230, 203(a)(3), 204(a), substituted second sentence
providing that in making certain determinations children residing in
low-rent public housing projects shall not be considered as federally
connected during the base year if the housing project was begun after
the base year of 1964-1965 for proviso of first sentence declaring that
children residing on any housing property which, prior to sale or
transfer by the United States, was considered to be Federal property for
purposes of this chapter, shall not be considered as federally connected
in determining eligibility of the local educational agency under this
subsection; and designated existing provisions of first sentence as
pars. (1) and (2) and subpars. (A) thereof, increasing percentage rate
in par. (1)(A) from 6 to 10 and adding subpar. (B) to pars. (1) and
(2), respectively.
Subsec. (d). Pub. L. 91-230, 204(b), inserted in first sentence '',
except that the number of children counted for the purposes of paragraph
(1) or (2) of subsection (a) of this section shall not be reduced by
more than one thousand five hundred and that the number of children
counted for the purposes of paragraph (3) of subsection (a) of this
section shall not be reduced by more than two thousand five hundred''.
1968 -- Subsec. (a)(4). Pub. L. 90-247, 205(b), inserted ''; but
if, by reason of any other provision of law, this clause is not
considered in computing the maximum payments a local educational agency
may receive for the fiscal year ending June 30, 1967, the additional
amount such agency would have been entitled to receive shall be added to
such agency's entitlement for the first fiscal year for which funds
appropriated to carry out this chapter may be used for such purpose''
after ''is situated''.
Subsec. (e). Pub. L. 90-247, 207, substituted ''subsections (c),
(d), and (f) of this section'' for ''subsections (c) and (d) of this
section'' and inserted cl. (3).
1966 -- Subsec. (a)(1). Pub. L. 89-750, 226(a), inserted provision
for the inclusion of children having a parent on active duty in one of
the uniformed services in the determination of children residing on
Federal property who can be included in the determination of
Federally-connected children.
Subsec. (a)(2). Pub. L. 89-750, 226(b), substituted provisions for
the counting of children of servicemen on active duty for provisions
allowing such inclusion but not in cases where the serviceman was not
employed on Federal property except in cases where he had been employed
on Federal property and subsequently assigned elsewhere.
Subsec. (a)(4). Pub. L. 89-750, 227, added par. (4).
Subsec. (c). Pub. L. 89-750, 222(a), substituted ''at least 6 per
centum'' for ''at least 5 per centum''.
Subsec. (d). Pub. L. 89-750, 223, substituted ''106 per centum'' for
''107 per centum''.
Subsec. (f). Pub. L. 89-750, 222(e), reorganized provisions of
subsec. (f) and struck out provisions making numerical limitation
applicable only if first year of increase period for an application made
by a local educational agency constitutes second year of increase period
for a previous application made by such agency under this chapter, or
under this chapter as in effect January 1, 1958.
1965 -- Subsec. (e). Pub. L. 89-313 inserted ''the minimum number
requirement or''.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 95-561 effective with respect to 1979 fiscal
year and subsequent fiscal years, see section 1032 of Pub. L. 95-561,
set out as a note under section 237 of this title.
Amendment by Pub. L. 93-380 effective on and after sixtieth day
after Aug. 21, 1974, see section 2(c) of Pub. L. 93-380, set out as a
note under section 244 of this title.
Pub. L. 91-260 provided that the amendment made by Pub. L. 91-260 is
effective April 13, 1970.
Section 203(c)(1) of Pub. L. 91-230 provided that: ''The amendments
made by subsections (a) and (b) (amending this section and sections 244
and 645 of this title) shall be effective after June 30, 1970.''
Amendment by Pub. L. 90-247 effective for fiscal years beginning
after June 30, 1967, see section 208 of Pub. L. 90-247, set out as a
note under section 237 of this title.
Amendment by Pub. L. 89-750 effective for fiscal years beginning
after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a
note under section 238 of this title.
Section 203(c)(2) of Pub. L. 91-230 provided that: ''For the
purposes of section 5 of such Act of September 23, 1950 (this section),
the number of children in the membership of a local educational agency
residing in a low-rent housing project assisted under the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) during the years of the
base period preceding the effective date provided in paragraph (1) (set
out above) shall be determined by the Commissioner (now Secretary of
Education) on the basis of estimates.''
Ex. Ord. No. 10524, Apr. 1, 1954, 19 F.R. 1809, as amended by Ex.
Ord. No. 10592, Jan. 21, 1955, 20 F.R. 509; Ex. Ord. No. 10773, July
1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R.
6971, which related to delegation of school construction assistance
functions, was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27
F.R. 9683, set out as a note under section 2271 of the Appendix to Title
50, War and National Defense.
20 USC 636. Applications for payment
TITLE 20 -- EDUCATION
(a) Submission and filing
No payment may be made to any local educational agency under this
chapter except upon application therefor which is submitted through the
appropriate State educational agency and is filed with the Secretary in
accordance with regulations prescribed by him.
(b) Contents; approval conditions
(1) Each application by a local educational agency shall set forth
the project for the construction of school facilities for such agency
with respect to which it is filed, and shall contain or be supported by
--
(A) a description of the project and the site therefor, preliminary
drawings of the school facilities to be constructed thereon, and such
other information relating to the project as may reasonably be required
by the Secretary;
(B) assurance that such agency has or will have title to the site, or
the right to construct upon such site school facilities as specified in
the application and to maintain such school facilities on such site for
a period of not less than twenty years after the completion of the
construction;
(C) assurance that such agency has legal authority to undertake the
construction of the project and to finance any non-Federal share of the
cost thereof as proposed, and assurance that adequate funds to defray
any such non-Federal share will be available when needed;
(D) assurance that such agency will cause work on the project to be
commenced within a reasonable time and prosecuted to completion with
reasonable diligence;
(E) Repealed. Pub. L. 91-230, title IV, 401(g)(4), Apr. 13, 1970,
84 Stat. 174.
(F) assurance that the school facilities of such agency will be
available to the children for whose education contributions are provided
in this chapter on the same terms, in accordance with the laws of the
State in which the school district of such agency is situated, as they
are available to other children in such school district; and
(G) assurance that such agency will from time to time prior to the
completion of the project submit such reports relating to the project as
the Secretary may reasonably require.
(2) The Secretary shall approve any application if he finds (A) that
the requirements of paragraph (1) have been met and that approval of the
project would not result in payments in excess of those permitted by
sections 634 and 635 of this title, (B) after consultation with the
State and local educational agencies, that the project is not
inconsistent with overall State plans for the construction of school
facilities, and (C) that there are sufficient Federal funds available to
pay the Federal share of the cost of such project and of all other
projects for which Federal funds have not already been obligated and
applications for which, under section 633 of this title, have a higher
priority: Provided, That the Secretary may approve any application for
payments under this chapter at any time after it is filed and before any
priority is established with respect thereto under section 633 of this
title if he determines that --
(i) on the basis of information in his possession, it is likely that
the urgency of the need of the local educational agency is such that it
would have a priority under section 633 of this title which would
qualify it for payments under this chapter when such priorities are
established, and
(ii) the number of children in the increase under section 635(a) of
this title is in large measure attributable to children who reside or
will reside in housing newly constructed on Federal property.
(c) Hearing
No application under this chapter shall be disapproved in whole or in
part until the Secretary of Education has afforded the local educational
agency reasonable notice and opportunity for hearing.
(Sept. 23, 1950, ch. 995, 6, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 551; amended Apr. 13, 1970, Pub. L.
91-230, title IV, 401(g)(4), 84 Stat. 174; Apr. 28, 1988, Pub. L.
100-297, title II, 2032(a)(1), 102 Stat. 301.)
Provisions similar to those comprising subsecs. (a), (b)(2), and (c)
of this section were contained in act Sept. 23, 1950, ch. 995, title
III, 306, as added Aug. 8, 1953, ch. 400, 1, 67 Stat. 524; amended
Aug. 3, 1956, ch. 915, title I, 107, 70 Stat. 969 (formerly
classified to section 296 of this title), and provisions similar to
those comprising subsec. (b)(1) of this section were contained in
section 205 of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 972,
as amended Aug. 8, 1953, ch. 400, 2(a), 67 Stat. 528 (formerly
classified to section 275(b)(1) of this title), prior to the complete
amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.
1988 -- Subsecs. (a), (b)(1)(A), (G), (2), (c). Pub. L. 100-297
substituted ''Secretary'' for ''Commissioner'' wherever appearing.
1970 -- Subsec. (b)(1)(E). Pub. L. 91-230 repealed subpar. (E)
which contained labor standards requirement (prevailing wage rates).
See section 1232b of this title.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
20 USC 637. Payments to local agencies
TITLE 20 -- EDUCATION
(a) Federal share of project cost
Upon approving the application of any local educational agency under
section 636 of this title, the Secretary of Education shall pay to such
agency an amount equal to 10 per centum of the Federal share of the cost
of the project. After final drawings and specifications have been
approved by the Secretary of Education and the construction contract has
been entered into, the Secretary shall, in accordance with regulations
prescribed by him and at such times and in such installments as may be
reasonable, pay to such agency the remainder of the Federal share of the
cost of the project.
(b) Repayment of unexpended funds
Any funds paid to a local educational agency under this chapter and
not expended for the purposes for which paid shall be repaid to the
Treasury of the United States.
(Sept. 23, 1950, ch. 995, 7, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 552; amended Apr. 28, 1988, Pub. L.
100-297, title II, 2032(a)(1), 102 Stat. 301.)
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title III, 307, as added Aug. 8, 1953,
ch. 400, 1, 67 Stat. 525 (formerly classified to section 297 of this
title), prior to the complete amendment and renumbering of act Sept.
23, 1950, by Pub. L. 85-620.
1988 -- Subsec. (a). Pub. L. 100-297 substituted ''Secretary'' for
''Commissioner'' wherever appearing.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
20 USC 638. Additional payments in unusual cases
TITLE 20 -- EDUCATION
Not to exceed 10 per centum of the sums appropriated pursuant to this
chapter for any fiscal year (exclusive of any sums appropriated for
administration) may be used by the Secretary, under regulations
prescribed by him, to make grants to local educational agencies where
(1) the application of such agencies would be approved under this
chapter but for the agencies' inability, unless aided by such grants, to
finance the non-Federal share of the cost of the projects set forth in
their applications, or (2) although the applications of such agencies
have been approved, the projects covered by such applications could not,
without such grants, be completed, because of flood, fire, or similar
emergency affecting either the work on the projects or the agencies'
ability to finance the non-Federal share of the cost of the projects.
Such grants shall be in addition to the payments otherwise provided
under this chapter, shall be made to those local educational agencies
whose need for additional aid is the most urgent and acute, and insofar
as practicable shall be made in the same manner and upon the same terms
and conditions as such other payments.
(Sept. 23, 1950, ch. 995, 8, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 552; amended Apr. 28, 1988, Pub. L.
100-297, title II, 2032(a)(1), 102 Stat. 301.)
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title III, 308(a), as added Aug. 8,
1953, ch. 400, 1, 67 Stat. 525; amended Aug. 12, 1955, ch. 868,
7, 69 stat. 715 (formerly classified to section 298(a) of this title),
prior to the complete amendment and renumbering of act Sept. 23, 1950,
by Pub. L. 85-620.
1988 -- Pub. L. 100-297 substituted ''Secretary'' for
''Commissioner''.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
20 USC 639. Procedure in cases of temporary Federal activities;
donation of temporary school facilities
TITLE 20 -- EDUCATION
Notwithstanding sections 631 to 638 of this title, whenever the
Secretary determines that the membership of some or all of the children,
who may be included in computing under section 635 of this title the
maximum on the total of the payments for any local educational agency,
will be of temporary duration only, such membership shall not be
included in computing such maximum. Instead, the Secretary may make
available to such agency such temporary school facilities as may be
necessary to take care of such membership; or he may, where the local
educational agency gives assurance that at least minimum school
facilities will be provided for such children, pay (on such terms and
conditions as he deems appropriate to carry out the purposes of this
chapter) to such agency for use in constructing school facilities an
amount equal to the amount which he estimates would be necessary to make
available such temporary facilities. In no case, however, may the
amount so paid exceed the cost, in the school district of such agency,
of constructing minimum school facilities for such children. The
Secretary may transfer to such agency or its successor all the right,
title, and interest of the United States in and to any temporary
facilities made available to such agency under this section (or section
309 of this Act as in effect January 1, 1958); any such transfer shall
be without charge, but may be made on such other terms and conditions,
and at such time as the Secretary deems appropriate to carry out the
purposes of this chapter.
(Sept. 23, 1950, ch. 995, 9, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 553; amended Apr. 28, 1988, Pub. L.
100-297, title II, 2032(a)(1), 102 Stat. 301.)
Section 309 of this Act as in effect January 1, 1958, referred to in
text, means section 309 of act Sept. 23, 1950, prior to its general
amendment by Pub. L. 85-620. Section 309, which was classified to
section 299 of this title, provided: ''Notwithstanding the preceding
provisions of this title (former sections 291 to 298 of this title),
whenever the Commissioner determines that the membership of some or all
of the children, who may be included in computing under section 305
(section 295 of this title) the maximum on the total of the payments for
any local educational agency, will be of temporary duration only, such
membership shall not be included in computing such maximum. Instead,
the Commissioner may make available to such agency such temporary school
facilities as may be necessary to take care of such membership; or he
may, where the local educational agency gives assurance that at least
minimum school facilities will be provided for such children, pay (on
such terms and conditions as he deems appropriate to carry out the
purposes of this title (sections 291 to 302 of this title)) to such
agency for use in constructing school facilities an amount equal to the
amount which he estimates would be necessary to make available such
temporary facilities. In no case, however, may the amount so paid
exceed the cost, in the school district of such agency, of constructing
minimum school facilities for such children. The Commissioner may
transfer to such agency or its successor all the right, title, and
interest of the United States in and to any temporary facilities made
available to such agency under this section; any such transfer shall be
without charge, but may be made on such other terms and conditions, and
at such time, as the Commissioner deems appropriate to carry out the
purposes of this title (sections 291 to 302 of this title).''
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title III, 309, as added Aug. 8, 1953,
ch. 400, 1, 67 Stat. 525; amended Aug. 12, 1955, ch. 868, 4, 69
Stat. 713 (formerly classified to section 299 of this title), prior to
the complete amendment and renumbering of act Sept. 23, 1950, by Pub.
L. 85-620.
1988 -- Pub. L. 100-297 substituted ''Secretary'' for
''Commissioner'' wherever appearing.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
20 USC 640. Children for whom local agencies are unable to provide
education
TITLE 20 -- EDUCATION
(a) Provision for minimum school facilities
In the case of children who it is estimated by the Secretary in any
fiscal year will reside on Federal property at the end of the next
fiscal year --
(1) if no tax revenues of the State or any political subdivision
thereof may be expended for the free public education of such children;
or
(2) if it is the judgment of the Secretary, after he has consulted
with the appropriate State educational agency, that no local educational
agency is able to provide suitable free public education for such
children,
the Secretary shall make arrangements for constructing, leasing,
renovating, remodeling, or rehabilitating or otherwise providing the
minimum school facilities necessary for the education of such children.
In any case in which the Secretary makes arrangements under this section
for constructing, leasing, renovating, remodeling, or rehabilitating or
otherwise providing minimum school facilities situated on Federal
property in Puerto Rico, Wake Island, Guam, American Samoa, the Northern
Mariana Islands, or the Virgin Islands, he may also include minimum
school facilities necessary for the education of children residing with
a parent employed by the United States though not residing on Federal
property, but only if the Secretary determines, after consultation with
the appropriate State educational agency, (1) that the construction or
provision of such facilities is appropriate to carry out the purposes of
this chapter, (2) that no local educational agency is able to provide
suitable free public education for such children, and (3) that English
is not the primary language of instruction in schools in the locality.
Such arrangements may also be made to provide, on a temporary basis,
minimum school facilities for children of members of the Armed Forces on
active duty, if the schools in which free public education is usually
provided for such children are made unavailable to them as a result of
official action by State or local governmental authority and it is the
judgment of the Secretary, after he has consulted with the appropriate
State educational agency, that no local educational agency is able to
provide suitable free public education for such children. To the
maximum extent practicable school facilities provided under this section
shall be comparable to minimum school facilities provided for children
in comparable communities in the State. This section shall not apply
(A) to children who reside on Federal property under the control of the
Atomic Energy Commission, and (B) to Indian children attending federally
operated Indian schools. Whenever it is necessary for the Secretary to
provide school facilities for children residing on Federal property
under this section, the membership of such children may not be included
in computing under section 635 of this title the maximum on the total of
the payments for any local educational agency.
(b) Transfer in Federal interest of title of facilities to local
educational agencies
When the Secretary determines it is in the interest of the Federal
Government to do so, he may transfer to the appropriate local
educational agency all the right, title, and interest of the United
States in and to any facilities provided under this section (or sections
204 or 310 of this Act as in effect January 1, 1958). Any such transfer
shall be without charge, but may be made on such other terms and
conditions, and at such time as the Secretary deems appropriate to carry
out the purposes of this chapter.
(c) Children living on Federal property
If no tax revenues of a State or of any political subdivision of the
State may be expended for the free public education of children who
reside on any Federal property within the State, or if no tax revenues
of a State are allocated for the free public education of such children,
then the property on which such children reside shall not be considered
Federal property for the purposes of section 635 of this title.
(Sept. 23, 1950, ch. 995, 10, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 553; amended May 6, 1960, Pub. L.
86-449, title V, 502, 74 Stat. 89; July 21, 1965, Pub. L. 89-77, 1,
79 Stat. 243; Nov. 3, 1966, Pub. L. 89-750, title II, 228, 229, 80
Stat. 1215; Nov. 1, 1978, Pub. L. 95-561, title X, 1023, 1031(b)(1),
92 Stat. 2312; Apr. 28, 1988, Pub. L. 100-297, title II, 2032(a)(1),
102 Stat. 301.)
Sections 204 or 310 of this Act as in effect January 1, 1958,
referred to in subsec. (b), are sections 204 and 310 of act Sept. 23,
1950, Pub. L. 815, ch. 995, which were classified to sections 274 and
300 of this title. Both such sections related to children for whom
local agencies cannot provide education and the substance of these prior
provisions is incorporated in this section.
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title III, 310, as added Aug. 8, 1953,
ch. 400, 1, 67 Stat. 526; amended Aug. 31, 1954, ch. 1149, 6, 68
Stat. 1005; Aug. 3, 1956, ch. 915, title I, 108, 70 Stat. 969;
Sept. 2, 1957, Pub. L. 85-267, 6, 71 Stat. 593 (formerly classified
to section 300 of this title), prior to the complete amendment and
renumbering of act Sept. 23, 1950, by Pub. L. 85-620.
1988 -- Subsecs. (a), (b). Pub. L. 100-297 substituted
''Secretary'' for ''Commissioner'' wherever appearing.
1978 -- Subsec. (a). Pub. L. 95-561 inserted '', leasing,
renovating, remodeling, or rehabilitating'' after ''arrangements for
constructing'' and after ''this section for constructing'' and inserted
''American Samoa, the Northern Mariana Islands,'' after ''Guam,''.
1966 -- Pub. L. 89-750 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1965 -- Pub. L. 89-77 authorized Commissioner to construct minimum
school facilities necessary for education of children residing with a
parent employed by the United States, though not residing on Federal
property in Puerto Rico, Wake Island, Guam, or the Virgin Islands, under
certain conditions.
1960 -- Pub. L. 86-449 authorized arrangements to be made to
provide, on a temporary basis, minimum school facilities for children of
members of the Armed Forces on active duty, in cases where school
facilities are made unavailable as a result of official action by State
or local governmental authority, and the Commissioner determines that no
local educational agency is able to provide suitable free public
education.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 95-561 effective with respect to 1979 fiscal
year and subsequent fiscal years, see section 1032 of Pub. L. 95-561,
set out as a note under section 237 of this title.
Amendment by section 228 of Pub. L. 89-750 effective for fiscal
years beginning after June 30, 1966, see section 241 of Pub. L.
89-750, set out as a note under section 238 of this title.
Pub. L. 90-247, 202, title II, Jan. 2, 1968, 81 Stat. 807,
provided in part that the amendment made by section 229 of Pub. L.
89-750 is effective only with respect to fiscal years beginning after
June 30, 1969.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See
also Transfer of Functions notes set out under those sections.
20 USC 641. Withholding of payments for noncompliance
TITLE 20 -- EDUCATION
(a) Noncompliance with project; diversion of funds; failure to
carry out assurances in application
Whenever the Secretary of Education after reasonable notice and
opportunity for hearing to a local educational agency, finds (1) that
there is a substantial failure to comply with the drawings and
specifications for the project, (2) that any funds paid to a local
educational agency under this chapter have been diverted from the
purposes for which paid, or (3) that any assurance given in an
application is not being or cannot be carried out, the Secretary may
forthwith notify such agency that no further payment will be made under
this chapter with respect to such agency until there is no longer any
failure to comply or the diversion or default has been corrected or, if
compliance or correction is impossible, until such agency repays or
arranges for the repayment of Federal moneys which have been diverted or
improperly expended.
(b) Judicial review of Secretary's action in disapproving
applications or withholding payments
The final refusal of the Secretary to approve part or all of any
application under this chapter, and the Secretary's final action under
subsection (a) of this section, shall be subject to judicial review on
the record, in the United States court of appeals for the circuit in
which the local educational agency is located, in accordance with the
provisions of subchapter II of chapter 5, and chapter 7, of title 5.
(Sept. 23, 1950, ch. 995, 11, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 554; amended Apr. 28, 1988, Pub. L.
100-297, title II, 2032(a)(1), (2), 102 Stat. 301.)
In subsec. (b), ''subchapter II of chapter 5, and chapter 7, of
title 5'' substituted for ''the Administrative Procedure Act'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
Provisions similar to those comprising subsec. (a) of this section
were contained in act Sept. 23, 1950, ch. 995, title III, 311, as
added Aug. 8, 1953, ch. 400, 1, 67 Stat. 526 (formerly classified to
section 301 of this title), and provisions similar to those comprising
subsec. (b) of this section were contained in section 207(b) of act
Sept. 23, 1950, ch. 995, title II, 64 Stat. 974, as amended Aug. 8,
1954, ch. 400, 2(b), 67 Stat. 528 (formerly classified to section
277(b) of this title), prior to the complete amendment and renumbering
of act Sept. 23, 1950, by Pub. L. 85-620.
1988 -- Subsec. (a). Pub. L. 100-297, 2032(a)(1), substituted
''Secretary'' for ''Commissioner'' in two places.
Subsec. (b). Pub. L. 100-297, 2032(a)(1), (2), substituted
''Secretary'' for ''Commissioner'' and ''Secretary's'' for
''Commissioner's''.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
20 USC 642. Administration of chapter
TITLE 20 -- EDUCATION
(a) Repealed. Pub. L. 91-230, title IV, 401(f)(3), Apr. 13, 1970,
84 Stat. 173
(b) Regulations and functions necessary to carry out provisions of
chapter
The Secretary of Education shall administer this chapter, and he may
make such regulations and perform such other functions as he finds
necessary to carry out the provisions of this chapter.
(c) Contents of report to Congress
The Secretary shall include in his annual report to the Congress a
full report of the administration of his functions under this chapter,
including a detailed statement of receipts and disbursements.
(Sept. 23, 1950, ch. 995, 12, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 554; amended Apr. 13, 1970, Pub. L.
91-230, title IV, 401(f)(3), (g)(4), 84 Stat. 173, 174; Apr. 28, 1988,
Pub. L. 100-297, title II, 2032(a)(1), 102 Stat. 301.)
Provisions similar to those comprising this section were contained in
section 208 of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 975
(formerly classified to section 278 of this title), prior to the
complete amendment and renumbering of act Sept. 23, 1950, by Pub. L.
85-620.
1988 -- Subsecs. (b), (c). Pub. L. 100-297 substituted
''Secretary'' for ''Commissioner'' wherever appearing.
1970 -- Subsec. (a). Pub. L. 91-230, 401(f)(3), repealed subsec.
(a) which contained prohibition against Federal control of education
(personnel, curriculum, or program of instruction of any school or
school system). See section 1232a of this title.
Subsec. (d). Pub. L. 91-230, 401(g)(4), repealed subsec. (d) which
contained labor standards requirement (prevailing wage rates). See
section 1232b of this title.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Section 6216 of Pub. L. 100-297 provided that:
''(a) General Authority. -- The Comptroller General shall conduct a
thorough study of the need for financial assistance for school
construction as authorized by the Act of September 23, 1950 (Public Law
815, 81st Congress) (20 U.S.C. 631 et seq.). The Comptroller General
shall prepare and submit a report on the study required by this section
not later than 1 year after the date of enactment of this Act (Apr. 28,
1988) together with such recommendations, including recommendations for
such legislation, as the Comptroller deems necessary.
''(b) Contents of Study. -- In carrying out the study required by
subsection (a) of this section, the Comptroller General shall examine a
representative sample of federally impacted school districts of local
educational agencies. The Comptroller General shall --
''(1) identify the number of children affected in each such school
district;
''(2) determine the type of school facility needed for such school
district; and
''(3) determine the estimated cost involved for building or repairing
the school facility in each such district.
''(c) Special Consideration Required. -- In conducting the study
required by this section, the Comptroller General shall give special
consideration to --
''(1) the eligibility criteria used for determining which federally
impacted school districts are entitled to Federal funds for school
construction,
''(2) the criteria used for setting the priorities for the approval
of such applications, and
''(3) the process for reevaluating the needs of previously approved
applicants which are on the waiting list for funds covered under Public
Law 815, Eighty-first Congress (20 U.S.C. 631 et seq.).''
Commissioner of Education's report of operation of this chapter and
recommendations for legislative enactment to be transmitted to Congress
on or before June 30, 1965, see note set out under section 242 of this
title.
20 USC 643. Federal departments and agencies under this chapter
TITLE 20 -- EDUCATION
(a) Repealed. Pub. L. 91-230, title IV, 401(c)(3), Apr. 13, 1970,
84 Stat. 173
(b) Information to Secretary
All Federal departments or agencies administering Federal property on
which children reside, and all such departments or agencies principally
responsible for Federal activities which may give rise to a need for the
construction of school facilities, shall to the maximum extent
practicable, comply with requests of the Secretary for information he
may require in carrying out the purposes of this chapter.
(c) Transfer and availability of appropriations
No appropriation to any department or agency of the United States,
other than an appropriation to carry out this chapter, shall be
available for the same purpose as this chapter; except that nothing in
this subsection shall affect the availability of appropriations
authorized, prior to September 23, 1950, for the construction of school
facilities to be attended by Indian children or appropriations (1) for
the construction of school facilities on Federal property under the
control of the Atomic Energy Commission, (2) for the construction of
school facilities which are to be federally operated for Indian
children, or (3) for the construction of school facilities under the
Alaska Public Works Act, approved August 24, 1949.
(Sept. 23, 1950, ch. 995, 13, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 554; amended Apr. 13, 1970, Pub. L.
91-230, title IV, 401(c)(3), 84 Stat. 173; Apr. 28, 1988, Pub. L.
100-297, title II, 2032(a)(1), 102 Stat. 301.)
The Alaska Public Works Act, approved August 24, 1949, referred to in
subsec. (c), is act Aug. 24, 1949, ch. 504, 63 Stat. 627, as
amended, formerly classified to sections 486 to 486j of Title 48,
Territories and Insular Possessions. Sections 486 to 486j were omitted
from the Code by virtue of section 12 of such Act, formerly classified
to section 486j of Title 48, terminating the authority of the Secretary
under the Alaska Public Works Act on June 30, 1959.
Provisions similar to those which comprised subsec. (a) of this
section were contained in sections 105(a) and 209(a) of act Sept. 23,
1950, ch. 995, titles I, and II, 64 Stat. 969, 975, as amended Aug.
8, 1953, ch. 400, 2(c), (m), 67 Stat. 528, 529 (formerly classified
to sections 255(a) and 279(a) of this title), and provisions similar to
those comprising subsecs. (b) and (c) of this section were contained in
section 209(b), (e) of act Sept. 23, 1950, ch. 995, title II, 64 Stat.
975, as amended Aug. 8, 1953, ch. 400, 2(d), (f), 67 Stat. 528;
Aug. 31, 1954, ch. 1149, 7, 68 Stat. 1005; Aug. 3, 1956, ch. 915,
title I, 101, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, 1, 71
Stat. 593 (formerly classified to section 279(b), (e) of this title),
prior to the complete amendment and renumbering of act Sept. 23, 1950,
by Pub. L. 85-620.
1988 -- Subsec. (b). Pub. L. 100-297 substituted ''Secretary'' for
''Commissioner''.
1970 -- Subsec. (a). Pub. L. 91-230 repealed subsec. (a) which
provided for delegation of functions by Commissioner, utilization of
services and facilities of other agencies, and payment for services in
advance or by way of reimbursement, now superseded by section 1231 of
this title, and provisions for exercise of such authority without
duplicating existing available staffs and facilities without relieving
Commissioner of his responsibility for any delegation of functions. See
section 1231 of this title.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See
also Transfer of Functions notes set out under those sections.
20 USC 644. Assistance in other federally-affected areas
TITLE 20 -- EDUCATION
(a) Eligibility requirements due to impairment in financing abilities
created by immunity from taxation of Indian lands
If the Secretary determines with respect to any local educational
agency that --
(1) such agency is providing or, upon completion of the school
facilities for which provision is made herein, will provide free public
education for children who reside on Indian lands, and whose membership
in the schools of such agency has not formed and will not form the basis
for payments under other provisions of this chapter, and that the total
number of such children represents a substantial percentage of the total
number of children for whom such agency provides free public education,
or that such Indian lands constitute a substantial part of the school
district of such local educational agency, or that the total number of
such children who reside on Indian lands located outside the school
district of such agency equals or exceeds 100;
(2) the immunity of such Indian lands to taxation by such agency has
created a substantial and continuing impairment of its ability to
finance needed school facilities;
(3) such agency is making a reasonable tax effort and is exercising
due diligence in availing itself of State and other financial assistance
available for the purpose; and
(4) such agency does not have sufficient funds available to it from
other Federal, State, and local sources to provide the minimum school
facilities required for free public education of a substantial
percentage of the children in the membership of its schools,
he may provide the additional assistance necessary to enable such
agency to provide such facilities, upon such terms and in such amounts
(subject to the provisions of this section) as the Secretary may
consider to be in the public interest; but such additional assistance
may not exceed the portion of the cost of such facilities which the
Secretary estimates has not been, and is not to be, recovered by the
local educational agency from other sources, including payments by the
United States under any other provisions of this chapter or any other
law. Notwithstanding the provisions of this subsection, the Secretary
may waive the percentage requirement in paragraph (1) whenever, in his
judgment, exceptional circumstances exist which make such action
necessary to avoid inequity and avoid defeating the purposes of this
section. Assistance may be furnished under this subsection without
regard to paragraph (2) (but subject to the other provisions of this
subsection and subsection (e) of this section) to any local educational
agency which provides free public education for children who reside on
Indian lands located outside its school district. For purposes of this
subsection ''Indian lands'' means Indian reservations or other real
property referred to in this second sentence of section 645(1) of this
title.
(b) Alternative eligibility requirements due to impairment in
financing abilities created by immunity from taxation of Indian lands
If the Secretary determines with respect to any local educational
agency that --
(1) such agency is providing or, upon completion of the school
facilities for which provision is made herein, will provide free public
education for children who reside on Indian lands, and whose membership
in the schools of such agency has not formed and will not form the basis
for payments under other provisions of this chapter, and that the total
number of such children represents a substantial percentage of the total
number of children for whom such agency provides free public education,
or that such Indian lands constitute a substantial part of the school
district of such local educational agency, or that the total number of
such children who reside on Indian lands located outside the school
district of such agency equals or exceeds one hundred; and
(2) the immunity of such Indian lands to taxation by such agency has
created a substantial and continuing impairment of its ability to
finance needed school facilities;
he may, upon such terms and in such amounts (subject to the
provisions of this section) as the Secretary may consider to be in the
public interest, provide the additional assistance necessary to enable
such agency to provide the minimum school facilities required for free
public education of children in the membership of the schools of such
agency who reside on Indian lands; but such additional assistance may
not exceed the portion of the cost of constructing such facilities which
the Secretary estimates has not been, and is not to be, recovered by the
local educational agency from other sources, including payments by the
United States under any other provisions of this chapter or any other
law. Notwithstanding the provisions of this subsection, the Secretary
may waive the percentage requirement in paragraph (1) whenever, in his
judgment, exceptional circumstances exist which make such action
necessary to avoid inequity and avoid defeating the purposes of this
section. Assistance may be furnished under this subsection without
regard to paragraph (2) (but subject to the other provisions of this
subsection and subsection (e) of this section /1/ to any local
educational agency which provides free public education for children who
reside on Indian lands located outside its school district. For purposes
of this subsection ''Indian lands'' means Indian reservations or other
real property referred to in the second sentence of section 645(1) of
this title.
(c) Eligibility requirements due to impairment in financing abilities
created by immunity from taxation of Federal property
If the Secretary determines with respect to any local educational
agency --
(1) that (A) such agency is providing or, upon completion of the
school facilities for which provision is made herein, will provide, free
public education for children who are inadequately housed by minimum
school facilities and whose membership in the schools of such agency has
not formed and will not form the basis for payments under other
provisions of this chapter, and (B) the total number of such children
represents a substantial percentage of the total number of children for
whom such agency provides free public education, and (C) Federal
property constitutes a substantial part of the school district of such
agency,
(2) that the immunity of such Federal property from taxation by such
agency has created a substantial and continuing impairment of such
agency's ability to finance needed school facilities,
(3) that such agency is making a reasonable tax effort and is
exercising due diligence in availing itself of State and other financial
assistance for the purpose, and
(4) that such agency does not have sufficient funds available to it
from other Federal, State, and local sources to provide the minimum
school facilities required for free public education of a substantial
percentage of the children in the membership of its schools,
he may provide the assistance necessary to enable such agency to
provide minimum school facilities for children in the membership of the
schools of such agency whom the Secretary finds to be inadequately
housed, upon such terms and conditions, and in such amounts (subject to
the applicable provisions of this section) as the Secretary may consider
to be in the public interest. Such assistance may not exceed the
portion of the cost of such facilities which the Secretary estimates has
not been, and is not to be, recovered by the local educational agency
from other sources, including payments by the United States under any
other provisions of this chapter or any other law. Notwithstanding the
provisions of this subsection, the Secretary may waive the percentage
requirement in paragraph (1) whenever, in his judgment, exceptional
circumstances exist which make such action necessary to avoid inequity
and avoid defeating the purposes of this subsection.
(d) Authorization of appropriations
There are hereby authorized to be appropriated for each fiscal year
such sums as may be necessary to carry out the provisions of this
section. There are also authorized to be appropriated such sums as may
be necessary for administration of such provisions. Amounts so
appropriated, other than amounts appropriated for administration, shall
remain available until expended.
(e) Applications; priority of approvals; conditions precedent;
consultation with agencies
No payment may be made to any local educational agency under
subsection (a) or (b) of this section except upon application therefor
which is submitted through the appropriate State educational agency and
is filed with the Secretary in accordance with regulations prescribed by
him, and which meets the requirements of section 636(b)(1) of this
title. In determining the order in which such applications shall be
approved, the Secretary shall consider the relative educational and
financial needs of the local educational agencies which have submitted
approvable applications and the nature and extent of the Federal
responsibility. No payment may be made under subsection (a) or (b) of
this section unless the Secretary finds, after consultation with the
State and local educational agencies, that the project or projects with
respect to which it is made are not inconsistent with over-all State
plans for the construction of school facilities. All determinations
made by the Secretary under this section shall be made only after
consultation with the appropriate State educational agency and the local
educational agency.
(f) Payments to local agencies; repayments of unexpended funds
Amounts paid by the Secretary to local educational agencies under
subsection (a) or (b) of this section may be paid in advance of, or by
way of reimbursement for, work performed or purchases made pursuant to
the agreement with the Secretary under this section, and may be paid in
such installments as the Secretary may determine. Any funds paid to a
local educational agency and not expended or otherwise used for the
purposes for which paid shall be repaid to the Treasury of the United
States.
(g) Application of sections 631 to 640 of this title
None of the provisions of sections 631 to 640 of this title, both
inclusive, other than section 636(b)(1) of this title, shall apply with
respect to determinations made under this section.
(h) Congressional declaration of policy with respect to school
construction assistance for Indian children
It is hereby declared to be the policy of the Congress that the
provision of assistance pursuant to subsections (a) and (b) of this
section shall be given a priority at least equal to that given to
payments made pursuant to section 640 of this title.
(Sept. 23, 1950, ch. 995, 14, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 555; amended Oct. 3, 1961, Pub. L.
87-344, title I, 101(b), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210,
title III, 301(b), formerly 31(b), 77 Stat. 419, renumbered Oct. 16,
1968, Pub. L. 90-576, title I, 101(a)(1), 82 Stat. 1064; Oct. 16,
1964, Pub. L. 88-665, title XI, 1101(b), 78 Stat. 1109; Nov. 3, 1966,
Pub. L. 89-750, title II, 225, 80 Stat. 1214; Jan. 2, 1968, Pub. L.
90-247, title II, 203, 81 Stat. 807; Apr. 13, 1970, Pub. L. 91-230,
title II, 205(a), 206, 84 Stat. 158, 159; Apr. 28, 1988, Pub. L.
100-297, title II, 2032(a)(1), 2034, 102 Stat. 301.)
Provisions similar to those comprising this section were contained in
act Sept. 23, 1950, ch. 995, title IV, 401, as added Aug. 8, 1953,
ch. 400, 1, 67 Stat. 526; amended Aug. 12, 1955, ch. 868, 6, 69
Stat. 715; Aug. 3, 1956, ch. 915, title I, 109, 70 Stat. 969;
Sept. 2, 1957, Pub. L. 85-267, 8, 71 Stat. 594 (formerly classified
to section 311 of this title), prior to the complete amendment and
renumbering of act Sept. 23, 1950, by Pub. L. 85-620.
1988 -- Subsecs. (a) to (c). Pub. L. 100-297, 2032(a)(1),
substituted ''Secretary'' for ''Commissioner'' wherever appearing.
Subsec. (d). Pub. L. 100-297, 2034, added subsec. (d) and struck
out former subsec. (d) which read as follows: ''There are authorized
to be appropriated for each fiscal year such sums as may be necessary to
carry out the provisions of this section. There are also authorized to
be appropriated such sums as may be necessary for administration of such
provisions. Amounts so appropriated, other than amounts appropriated
for administration, shall remain available until expended.''
Subsecs. (e), (f). Pub. L. 100-297, 2032(a)(1), substituted
''Secretary'' for ''Commissioner'' wherever appearing.
1970 -- Subsecs. (a), (b). Pub. L. 91-230, 205(a), substituted
''subsection (e)'' for ''subsection (d)'', wherever appearing.
Subsecs. (c) to (g). Pub. L. 91-230, 205(a), added subsec. (c) and
redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
Subsec. (h). Pub. L. 91-230, 206, added subsec. (h).
1968 -- Subsec. (a). Pub. L. 90-247, 203(a), substituted ''Indian
lands'' for ''Federal property'' in pars. (1) and (2), ''of a
substantial percentage of the children in the membership of its
schools'' for ''in its school district'' in par. (4), ''subsection
(d)'' for ''subsection (c)'' in third sentence and ''second'' for
''third'' in last sentence, inserted '', or that such Indian lands
constitute a substantial part of the school district of such local
educational agency,'' after ''such agency provides free public
education'' in par. (1), and struck out ''is attributable to children
who reside on Federal property, and which'' after ''Commissioner
estimates'' in that portion of first sentence which follows par. (4)
and ''in the case of any application for additional assistance on
account of children who reside on Indian lands'' after ''paragraph (1)''
in second sentence.
Subsecs. (b), (c). Pub. L. 90-247, 203(b), added subsec. (b) and
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
Subsec. (d). Pub. L. 90-247, 203(b), (c), redesignated former
subsec. (c) as (d) and, in subsec. (d) as so redesignated, inserted
references to subsection (b). Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 90-247, 203(b), (d), redesignated former
subsec. (d) as (e), in subsec. (e) as so redesignated, inserted
reference to subsection (b), and redesignated former subsec. (e) as
(f).
1966 -- Subsec. (b). Pub. L. 89-750 struck out provisions which
limited authorization to appropriations for fiscal years ending prior to
July 1, 1966, and to sums not exceeding $60,000,000 in the aggregate,
and struck out provisions prohibiting making agreements to extend
assistance under this section after June 30, 1966.
1964 -- Subsec. (b). Pub. L. 88-665 substituted ''1966'' for
''1965'' wherever appearing.
1963 -- Subsec. (b). Pub. L. 88-210 substituted ''1965'' for
''1963'' wherever appearing.
1961 -- Subsec. (b). Pub. L. 87-344 substituted ''1963'' for
''1961'' wherever appearing, and increased aggregate amount of
appropriation from $40,000,000 to $60,000,000.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 90-247 effective for fiscal years beginning
after June 30, 1967, see section 208 of Pub. L. 90-247, set out as a
note under section 237 of this title.
Amendment by Pub. L. 89-750 effective for fiscal years beginning
after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a
note under section 238 of this title.
Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303
of Pub. L. 88-210, set out as a note under section 237 of this title.
Amendment by Pub. L. 87-344 effective for period beginning July 1,
1961, see section 103 of Pub. L. 87-344, set out as a note under
section 633 of this title.
/1/ So in original. Probably should be followed by a closing
parenthesis.
20 USC 645. Definitions
TITLE 20 -- EDUCATION
For the purposes of this chapter --
(1) The term ''Federal property'' means real property which is owned
by the United States or is leased by the United States, and which is not
subject to taxation by any State or any political subdivision of a State
or by the District of Columbia. Except for the purposes of section 640
of this title, such term includes (A) real property held in trust by the
United States for individual Indians or Indian tribes, and real property
held by individual Indians or Indian tribes which is subject to
restrictions on alienation imposed by the United States, (B) any
low-rent housing (whether or not owned by the United States) which is
part of a low-rent housing project assisted under the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.), and (C) any school which
is providing flight training to members of the Air Force under
contractual arrangements with the Department of the Air Force at an
airport which is owned by a State or a political subdivision of a State.
Such term also includes any interest in Federal property (as defined in
the foregoing provisions of this paragraph) under an easement, lease,
license, permit, or other arrangement, as well as any improvements of
any nature (other than pipelines or utility lines) on such property even
though such interests or improvements are subject to taxation by a State
or political subdivision of a State or by the District of Columbia.
Notwithstanding the foregoing provisions of this paragraph, such term
does not include (A) any real property used for a labor supply center,
labor home, or labor camp for migratory farm workers and, (B) any real
property under the jurisdiction of the United States Postal Service and
used primarily for the provision of postal services.
(2) The term ''child'' means any child who is within the age limits
for which the applicable State provides free public education.
(3) The term ''parent'' includes a legal guardian or other person
standing in loco parentis.
(4) The term ''free public education'' means education which is
provided at public expense, under public supervision and direction, and
without tuition charge, and which is provided as elementary or secondary
school education in the applicable State.
(5) The membership of schools shall be determined in accordance with
State law or, in the absence of State law governing such a
determination, in accordance with regulations of the Secretary; except
that, notwithstanding any other provision of this chapter, where the
local educational agency of the school district in which any child
resides makes or contracts to make a tuition payment for the free public
education of such child in a school situated in another school district,
for purposes of this chapter the membership of such child, shall be held
and considered --
(A) if the two local educational agencies concerned so agree, and if
such agreement is approved by the Secretary, as membership of a school
of the local educational agency receiving such tuition payment;
(B) in the absence of any such approved agreement, as membership of a
school of the local educational agency so making or contracting to make
such tuition payment.
In any determination of membership of schools, children who are not
provided free public education (as defined in paragraph (4)) shall not
be counted.
(6) The average per pupil cost of constructing minimum school
facilities in the State in which the school district of a local
educational agency is situated shall be determined by the Secretary of
Education on the basis of the contract cost per square foot under
contracts for the construction of school facilities (exclusive of costs
of site improvements, equipment, and architectural, engineering, and
legal fees) entered into in the State for the second year of the four
year increase period designated in the application, increased by a
percentage estimated by the Secretary to represent additional costs for
site improvements, equipment, and architectural, engineering, and legal
fees, and multiplied by a factor estimated by the Secretary to represent
the area needed per pupil in minimum school facilities. If the
Secretary finds that the information available for the State concerned
for such preceding fiscal year is inadequate or not sufficiently
representative, he shall determine such cost on the basis of such
information as he has available and after consultation with the State
educational agency. The cost of constructing minimum school facilities
in the school district of a local educational agency shall be determined
by the Secretary, after consultation with the State and local
educational agencies, on the basis of such information as may be
contained in the application of such local educational agency and such
other information as he may obtain.
(7) Estimates of membership, and all other determinations with
respect to eligibility and maximum amount of payment, shall be made as
of the time of the approval of the application for which made, and shall
be made on the basis of the best information available at the time of
such approval.
(8) The terms ''construct'', ''constructing'', and ''construction''
include 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.
(9) The term ''school facilities'' includes classrooms and related
facilities; and initial equipment, machinery, and utilities necessary
or appropriate for school purposes. Such term does not include athletic
stadiums, or structures or facilities intended primarily for athletic
exhibitions, contests, or games or other events for which admission is
to be charged to the general public. Except as used in sections 639 and
640 of this title, such term does not include interests in land and
off-site improvements.
(10) Whether or not school facilities are minimum school facilities
shall be determined by the Secretary, after consultation with the State
and local educational agencies, in accordance with regulations
prescribed by him. Such regulations shall (A) require the local
educational agency concerned to give due consideration to excellence of
architecture and design, (B) provide that no facility shall be
disqualified as a minimum school facility because of the inclusion of
works of art in the plans therefor if the cost of such works of art does
not exceed 1 per centum of the cost of the project, and (C) require
compliance with such standards as the Secretary may prescribe or approve
in order to insure that facilities constructed with the use of Federal
funds under this chapter shall be, to the extent appropriate in view of
the uses to be made of the facilities, accessible to and usable by
handicapped persons.
(11) The term ''local educational agency'' means a board of education
or other legally constituted local school authority having
administrative control and direction of free public education in a
county, township, independent, or other school district located within a
State. Such term includes any State agency which directly operates and
maintains facilities for providing free public education or which has
responsibility for the provision of such facilities.
(12) The term ''State educational agency'' means the officer or
agency primarily responsible for the State supervision of public
elementary and secondary schools.
(13) The term ''State'' means a State, Puerto Rico, Guam, the
District of Columbia, American Samoa, the Northern Mariana Islands, the
Virgin Islands, or Wake Island.
(14) The term ''Secretary'' means the Secretary of Education.
(15) The term ''base year'' means the third or fourth regular school
year preceding the fiscal year in which an application was filed under
this chapter as may be designated in the application, except that in the
case of an application based on children referred to in paragraph (2) or
(3) of section 635(a) of this title, the base year shall in no event be
later than the regular school year 1988-1989; and
(16) The term ''increase period'' means the period of four
consecutive regular school years immediately following such base year.
(Sept. 23, 1950, ch. 995, 15, as added Aug. 12, 1958, Pub. L.
85-620, title I, 101, 72 Stat. 556; amended June 25, 1959, Pub. L.
86-70, 18(c), 73 Stat. 144; July 12, 1960, Pub. L. 86-624, 14(c), 74
Stat. 414; Oct. 3, 1961, Pub. L. 87-344, title I, 101(c), 75 Stat.
759; Dec. 18, 1963, Pub. L. 88-210, title III, 301(c), formerly
31(c), 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90-576, title I,
101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88-665, title XI,
1101(c), (d), 78 Stat. 1109; Nov. 3, 1966, Pub. L. 89-750, title II,
222(b)-(d), 230-232, 80 Stat. 1213-1216; Jan. 2, 1968, Pub. L. 90-247,
title II, 201, title III, 301(d)(2), 81 Stat. 806, 813; Apr. 13,
1970, Pub. L. 91-230, title II, 201(a)(2), 203(a)(1), (2), 84 Stat.
154, 155; Aug. 12, 1970, Pub. L. 91-375, 4(a), 6(o), 84 Stat. 773,
783; Aug. 21, 1974, Pub. L. 93-380, title III, 301(a)(2), 88 Stat.
521; Nov. 1, 1978, Pub. L. 95-561, title X, 1021(b), 1031(b)(2), 92
Stat. 2312; Apr. 28, 1988, Pub. L. 100-297, title II, 2031(a)(3),
2032(a)(1), (3), 102 Stat. 301.)
The United States Housing Act of 1937, referred to in par. (1), is
act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,
title II, 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified
generally to chapter 8 ( 1437 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 1437 of Title 42 and Tables.
Provisions similar to those comprising pars. (1) to (14) of this
section were contained in section 210 of act Sept. 23, 1950, ch. 995,
title II, 64 Stat. 976, as amended Aug. 8, 1953, ch. 400, 2(g)-(l),
67 Stat. 528; Aug. 1, 1956, ch. 852, 11, 70 Stat. 909; Aug. 3,
1956, ch. 915, title I, 102, 70 Stat. 968; Aug. 21, 1957, Pub. L.
85-161, 71 Stat. 403 (formerly classified to section 280 of this
title), and provisions similar to those comprising pars. (15) and (16)
of this section were contained in act Sept. 23, 1950, ch. 995, title
III, 312, as added Sept. 2, 1957, Pub. L. 85-267, 7, 71 Stat. 593
(formerly classified to section 302 of this title), prior to the
complete amendment and renumbering of act Sept. 23, 1950, by Pub. L.
85-620.
1988 -- Pars. (5), (6), (10). Pub. L. 100-297, 2032(a)(1),
substituted ''Secretary'' for ''Commissioner'' wherever appearing.
Par. (14). Pub. L. 100-297, 2032(a)(3), amended par. (14)
generally, substituting provision defining the term ''Secretary'' to
mean the Secretary of Education for provision defining the terms
''Commissioner of Education'' and ''Commissioner'' to mean the United
States Commissioner of Education.
Par. (15). Pub. L. 100-297, 2031(a)(3), substituted ''1988-1989''
for ''1978-1979''.
1978 -- Par. (13). Pub. L. 95-561, 1031(b)(2), inserted ''the
Northern Mariana Islands,'' after ''American Samoa,''.
Par. (15). Pub. L. 95-561, 1021(b), substituted ''1978-1979'' for
''1973-1974''.
1974 -- Par. (15). Pub. L. 93-380 substituted ''1973-1974'' for
''1968-1969''.
1970 -- Par. (1). Pub. L. 91-230, 203(a)(1), (2), defined ''Federal
property'' to include as item (B) of second sentence any low-rent
housing (whether or not owned by the United States) which is part of a
low-rent housing project assisted under the United States Housing Act of
1937 (formerly excluded from the term by former item (C) of fourth
sentence of this section), redesignating former item (B) of second
sentence (C), and struck out exclusion from the term (item (C) of fourth
sentence) any low-rent housing project held under title II of the
National Industrial Recovery Act, the Emergency Relief Appropriation Act
of 1935, the United States Housing Act of 1937 (now included in item (B)
of second sentence), the Act of June 28, 1940 (Public Law 671,
Seventy-sixth Congress), or any law amendatory of or supplementary to
any of such Acts, respectively.
Par. (15). Pub. L. 91-230, 201(a)(2), substituted ''1968-1969'' for
''1965-1966''.
1968 -- Par. (1). Pub. L. 90-247, 201, clarified definition of
''Federal property'' by including within such term any interest in
Federal property under an easement, lease, license, permit, or other
arrangement, as well as any improvements of any nature (other than
pipelines or utility lines) on such property even though such interests
or improvements are subject to taxation by a State or political
subdivision of a State or by the District of Columbia, and by deleting
provisions which included within such term any real property owned by
the United States and leased therefrom and the improvements thereon,
even though the lessee's interest, or any improvement on such property,
is subject to taxation by a State or a political subdivision of a State
or by the District of Columbia.
Par. (15). Pub. L. 90-247, 301(d)(2), substituted ''1965-1966'' for
''1962-1963''.
1966 -- Par. (1). Pub. L. 89-750, 230, struck out prohibition
against inclusion of real property used by the United States primarily
for provision of services or benefits to local area in which property is
situated, which was formerly set out as cl. (A) in last sentence, and
redesignated former cls. (B) to (D) of such sentence as cls. (A) to
(C) thereof, respectively.
Par. (6). Pub. L. 89-750, 222(b), substituted ''second year of the
four year increase period'' for ''base year''.
Par. (10). Pub. L. 89-750, 231, inserted provisions requiring that
regulations prescribed by Commissioner require consideration of
excellence of architecture and design, allow inclusion of works of art
in plans, and require that facilities be usable by handicapped persons.
Par. (13). Pub. L. 89-750, 232, inserted ''American Samoa,''.
Par. (15). Pub. L. 89-750, 222(c), inserted provisions moving base
year back to 3 or 4 years before application year and substituted
1962-1963 for 1963-1964 as latest available base year.
Par. (16). Pub. L. 89-750, 222(d), substituted ''four'' for ''two''.
1964 -- Par. (13). Pub. L. 88-665, 1101(c), inserted ''the District
of Columbia,'' after ''Guam,''.
Par. (15). Pub. L. 88-665, 1101(d), substituted ''1963-1964'' for
''1962-1963''.
1963 -- Par. (15). Pub. L. 88-210 substituted ''1962-1963'' for
''1960-1961''.
1961 -- Par. 15. Pub. L. 87-344 substituted ''school year
1960-1961'' for ''school year 1958-1959''.
1960 -- Par. 13. Pub. L. 86-624 struck out ''Hawaii,'' before
''Puerto Rico''.
1959 -- Par. 13. Pub. L. 86-70 struck out ''Alaska,'' before
''Hawaii''.
In par. (1), ''United States Postal Service'' substituted for ''Post
Office Department'' pursuant to Pub. L. 91-375, 4(a), 6(o), Aug. 12,
1970, 84 Stat. 773, 783, which are set out as notes preceding section
101 of Title 39, Postal Service, and under section 201 of Title 39,
respectively, which abolished Post Office Department, transferred its
functions to United States Postal Service, and provided that references
in other laws to Post Office Department shall be considered a reference
to United States Postal Service.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 95-561 effective with respect to 1979 fiscal
year and subsequent fiscal years, see section 1032 of Pub. L. 95-561,
set out as a note under section 237 of this title.
Amendment by Pub. L. 93-380 effective on and after July 1, 1973, see
section 301(c) of Pub. L. 93-380, set out as a note under section 633
of this title.
Amendment by section 203(a)(1), (2) of Pub. L. 91-230 effective
after June 30, 1970, see section 203(c)(1) of Pub. L. 91-230, set out
as a note under section 635 of this title.
Amendment by section 201 of Pub. L. 90-247 effective for fiscal
years beginning after June 30, 1967, see section 208 of Pub. L.
90-247, set out as a note under section 237 of this title.
Amendment by Pub. L. 89-750 effective for fiscal years beginning
after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a
note under section 238 of this title.
Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303
of Pub. L. 88-210, set out as a note under section 237 of this title.
Amendment by Pub. L. 87-344 effective for period beginning July 1,
1961, see section 103 of Pub. L. 87-344, set out as a note under
section 633 of this title.
Section 47(f) of Pub. L. 86-624 provided that: ''The amendments
made by subsection (c), paragraphs (3) and (4) of subsection (b), and
paragraph (4) of subsection (d) of section 14 (amending this section and
sections 15i, 15jj, 15ggg, and 244 of this title), by section 20(a)
(amending section 41 of Title 29, Labor), by section 23(b) (amending
section 466j of Title 33, Navigation and Navigable Waters), by
subsections (a), (b), and (c), and paragraph (4) of subsection (d), of
section 29 (amending sections 201, 255, 264, and 291i of Title 42, The
Public Health and Welfare), and by subsection (d), and paragraph (2) of
subsection (c), of section 30 (amending sections 410 and 1301 of Title
42) shall become effective on August 21, 1959.''
Amendment by Pub. L. 86-70 effective on Jan. 3, 1959. See section
47(d) of Pub. L. 86-70.
20 USC 646. Assistance in cases of certain disasters
TITLE 20 -- EDUCATION
(a) Eligibility requirements; maximum amount; form, terms and
conditions
In any case in which --
(1) the President determines with respect to any local educational
agency (including for the purpose of this section any other public
agency which operates schools providing technical, vocational, or other
special education to children of elementary or secondary school age)
that such agency is located in whole or in part within an area which,
after August 30, 1965, and prior to October 1, 1993, has suffered a
major disaster as the result of any flood, drought, fire, hurricane,
earthquake, storm, or other catastrophe which, in the determination of
the President pursuant to sections 5122(2) and 5170 of title 42, is or
threatens to be of sufficient severity or magnitude to warrant disaster
assistance by the Federal Government; and
(2) the Governor of the State in which such agency is located has
certified the need for disaster assistance under this section, and has
given assurance of expenditure of a reasonable amount of the funds of
the government of such State, or of any political subdivision thereof,
for the same or similar purposes with respect to such catastrophe;
and if the Secretary determines with respect to such agency that --
(3) as a result of such major disaster, (A) public elementary or
secondary school facilities of such agency (or, in the case of a public
agency other than a local educational agency, school facilities
providing technical, vocational, or other special education to children
of elementary or secondary school age) have been destroyed or seriously
damaged, or (B) private elementary or secondary school facilities
serving children who reside in the area served by such agency have been
destroyed and will not be replaced, thereby increasing the need of such
agency for school facilities;
(4) such agency is utilizing or will utilize all State and other
financial assistance available for the replacement or restoration of
such school facilities;
(5) such agency does not have sufficient funds available to it from
State, local, and other Federal sources (including funds available under
other provisions of this chapter), and from the proceeds of insurance on
such school facilities, and requires an amount of additional assistance
equal to at least $10,000 or 5 per centum of such agency's current
operating expenditures during the fiscal year preceding the one in which
such disaster occurred, whichever is less, to provide the minimum school
facilities needed (A) for the restoration or replacement of the school
facilities of such agency so destroyed or seriously damaged or (B) to
serve, in facilities of such agency, children who but for the
destruction of the private facilities referred to in clause (3)(B) would
be served by such private facilities; and
(6) in the case of any such major disaster, to the extent that the
operation of private elementary and secondary schools in the school
attendance area of the local educational agency has been disrupted or
impaired by such disaster, such local educational agency has complied
with the provisions of section 241-1(a)(4) of this title, with respect
to provisions for the conduct of educational programs under public
auspices and administration in which children enrolled in such private
elementary and secondary schools may attend and participate,
the Secretary may provide the additional assistance necessary to
enable such agency to provide such facilities, upon such terms and in
such amounts (subject to the provisions of this section) as the
Secretary may consider to be in the public interest; but such
additional assistance, plus the amount which he determines to be
available from State, local, and other Federal sources (including funds
available under other provisions of this chapter), and from the proceeds
of insurance, may not exceed the cost of construction incident to the
restoration or replacement of the school facilities destroyed or damaged
as a result of the disaster. For the purpose of the preceding sentence,
the phrase ''cost of construction incident to the restoration or
replacement of the school facilities'' includes such additional amounts
as the Secretary may approve in order to assure that the facilities, as
restored or replaced, will afford appropriate protection against
personal injuries resulting from a disaster.
(b) Authorization of appropriations; expenditure of sums pending
appropriation
There are hereby authorized to be appropriated for each fiscal year
such amounts as may be necessary to carry out the provisions of this
section. Pending such appropriation, the Secretary may expend (without
regard to sections 1341(a) and 1515(b) of title 31) from any funds
heretofore or hereafter appropriated for expenditure in accordance with
other sections of this chapter such sums as may be necessary for
immediately providing assistance under this section, such appropriations
to be reimbursed from the appropriations authorized by this subsection
when made.
(c) Applications; priority of approvals; conditions precedent;
consultation with agencies; prompt consideration for applications
No payment may be made to any local educational agency under
subsection (a) of this section except upon application therefor which is
submitted through the appropriate State educational agency and is filed
with the Secretary in accordance with regulations prescribed by him, and
which meets the requirements of section 636(b)(1) of this title. In
determining the order in which such applications shall be approved, the
Secretary shall consider the relative educational and financial needs of
the local educational agencies which have submitted approvable
applications. No payment may be made under subsection (a) of this
section unless the Secretary finds, after consultation with the State
and local educational agencies, that the project or projects with
respect to which it is made are not inconsistent with overall State
plans for the construction of school facilities. All determinations
made by the Secretary under this section shall be made only after
consultation with the appropriate State educational agency and the local
educational agency. The Secretary shall complete action of approval or
disapproval of an application within 90 days of the filing of an
application.
(d) Payments to local agencies; repayment of unexpended funds
Amounts paid by the Secretary to local educational agencies under
subsection (a) of this section may be paid in advance or by way of
reimbursement and in such installments as the Secretary may determine.
Any funds paid to a local educational agency and not expended or
otherwise used for the purposes for which paid shall be repaid to the
Treasury of the United States.
(e) Applicability of sections 631 to 640 of this title
None of the provisions of sections 631 to 640 of this title, both
inclusive, other than section 636(b)(1) of this title, shall apply with
respect to this section.
(Sept. 23, 1950, ch. 995, 16, as added Nov. 1, 1965, Pub. L.
89-313, 1, 79 Stat. 1158; amended Jan. 2, 1968, Pub. L. 90-247, title
II, 217, 81 Stat. 810; Oct. 21, 1968, Pub. L. 90-608, ch. IV, 402, 82
Stat. 1194; Apr. 13, 1970, Pub. L. 91-230, title II, 201(c), 84 Stat.
154; Dec. 31, 1970, Pub. L. 91-606, title III, 301(f), 84 Stat. 1759;
1973 Reorg. Plan No. 1, 1, 3(a)(1), eff. July 1, 1973, 38 F.R. 9579,
87 Stat. 1089; Dec. 10, 1973, Ex. Ord. No. 11749, 2(2), 38 F.R.
34177; May 22, 1974, Pub. L. 93-288, title VI, 602(f), 88 Stat. 164;
Aug. 21, 1974, Pub. L. 93-380, title III, 301(b), 302(b), 88 Stat.
521, 522; Apr. 21, 1976, Pub. L. 94-273, 3(6), 90 Stat. 376; Nov. 1,
1978, Pub. L. 95-561, title X, 1010(b), 1021(a), 1024, 92 Stat.
2310-2312; July 20, 1979, Ex. Ord. No. 12148, 4-106, 44 F.R. 43239;
Oct. 19, 1984, Pub. L. 98-511, title III, 301(b)(2), 98 Stat. 2388;
Apr. 28, 1988, Pub. L. 100-297, title II, 2031(a)(2), 2032(a)(1), (b),
2033, 102 Stat. 301; Nov. 23, 1988, Pub. L. 100-707, title I, 109(j),
102 Stat. 4709.)
In subsec. (b), ''sections 1341(a) and 1515(b) of title 31''
substituted for ''subsections (a) and (e) of section 3679 of the Revised
Statutes (31 U.S.C. 665)'' on authority of Pub. L. 97-258, 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
1988 -- Subsec. (a). Pub. L. 100-297, 2032(a)(1), substituted
''Secretary'' for ''Commissioner'' wherever appearing.
Subsec. (a)(1). Pub. L. 100-707, which directed the substitution of
''5170'' for ''5141'' in subsec. (a)(1)(A) of this section was executed
by making the substitution in par. (1) to reflect the probable intent
of Congress and the intervening amendment by Pub. L. 100-297,
2033(a), below, which struck out the subpar. ''(A)'' designation in
par. (1).
Pub. L. 100-297, 2033(a), struck out ''(A)'' after ''(1)'',
substituted ''Government; and'' for ''Government; or'', and struck out
subpar. (B) which authorized additional assistance in any case in which
the Secretary determines with respect to any such agency that public
elementary or secondary school facilities (or, in the case of a public
agency other than a local educational agency, school facilities
providing technical, vocational, or other special education to children
of elementary or secondary school age) of such agency have been
destroyed or seriously damaged as a result of flood, hurricane,
earthquake, storm, fire, or other catastrophe, except any such
catastrophe caused by negligence or malicious action.
Subsec. (a)(1)(A). Pub. L. 100-297, 2031(a)(2), substituted ''1993''
for ''1988''.
Subsec. (a)(5). Pub. L. 100-297, 2033(b), substituted ''$10,000 or 5
per centum'' for ''$1,000 or one-half of one per centum''.
Subsec. (b). Pub. L. 100-297, 2032(a)(1), substituted ''Secretary''
for ''Commissioner''.
Subsec. (c). Pub. L. 100-297, 2032(a)(1), (b), substituted
''Secretary'' for ''Commissioner'' in four places and amended fifth
sentence generally. Prior to amendment, fifth sentence read as follows:
''In any case in which the Secretary does not complete, within sixty
days, all action leading to approval or disapproval of an application
filed under this section, the Secretary shall assume responsibility for
such approval or disapproval of such application and shall complete such
action within ninety days of the filing of such application.''
Subsec. (d). Pub. L. 100-297, 2032(a)(1), substituted ''Secretary''
for ''Commissioner'' in two places.
1984 -- Subsec. (a)(1)(A). Pub. L. 98-511 substituted ''1988'' for
''1983''.
1978 -- Subsec. (a). Pub. L. 95-561, 1021(a), 1024, substituted
''1983'' for ''1978'' in par. (1)(A) and struck out, in provisions
following par. (6), requirement that in all cases determined pursuant
to clause (1)(B) of this subsection and in any other case deemed
appropriate by the Commissioner, assistance be in the form of repayable
advances subject to such terms and conditions as the Commissioner
determined to be in the public interest.
Subsec. (c). Pub. L. 95-561, 1010(b), inserted provisions for prompt
consideration of applications.
1976 -- Subsec. (a)(1)(A). Pub. L. 94-273 substituted ''October''
for ''July''.
1974 -- Subsec. (a)(1)(A). Pub. L. 93-380, 301(b), substituted
''1978'' for ''1973''.
Pub. L. 93-288 substituted ''sections 5122(2) and 5141 of title 42''
for ''section 4402(1) of title 42''.
Subsec. (a), foll. (6). Pub. L. 93-380, 302(b), inserted
penultimate sentence defining ''cost of construction incident to the
restoration or replacement of the school facilities''.
1970 -- Subsec. (a)(1)(A). Pub. L. 91-606 substituted ''section
4402(1) of title 42'' for ''section 1855a(a) of title 42''.
Subsec. (a)(1)(A). Pub. L. 91-230 substituted ''1973'' for ''1970''.
1968 -- Subsec. (a). Pub. L. 90-247 revised subsec. (a) generally
and, among other changes, inserted alternative requirements of cl.
(1)(B) in order to authorize assistance to schools which have been
damaged or destroyed as a result of flood, hurricane, earthquake, storm,
fire, or other catastrophe, except any such catastrophe caused by
negligence or malicious action, even if the area in which the school is
located has not been designated as a major disaster area by the
President as provided in cl. (1)(A).
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section
711(a) of Pub. L. 98-511, set out as a note under section 237 of this
title.
Amendment by Pub. L. 95-561 effective with respect to 1979 fiscal
year and subsequent fiscal years, see section 1032 of Pub. L. 95-561,
set out as a note under section 237 of this title.
Amendment by section 301(b) of Pub. L. 93-380 effective on and after
July 1, 1973, see section 301(c) of Pub. L. 93-380, set out as a note
under section 633 of this title.
Amendment by section 302(b) of Pub. L. 93-380 effective on and after
sixtieth day after Aug. 21, 1974, except as otherwise specified
hereunder, see section 2(c) of Pub. L. 93-380, set out as a note under
section 244 of this title.
Amendment by Pub. L. 93-288 effective Apr. 1, 1974, see section 605
of Pub. L. 93-288, set out as an Effective Date note under section 5121
of Title 42, The Public Health and Welfare.
Amendment by Pub. L. 91-606 effective Dec. 31, 1970, see section
304 of Pub. L. 91-606, set out as a note under section 165 of Title 26,
Internal Revenue Code.
''President'' substituted for ''Director of the Office of Emergency
Preparedness'' in subsec. (a), pursuant to section 1 of Reorganization
Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089,
set out in the Appendix to Title 5, Government Organization and
Employees. Previously, functions of Director of Office of Emergency
Preparedness under this section, transferred to President by Reorg.
Plan No. 1 of 1973, had been transferred to Secretary of Housing and
Urban Development by Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177,
which superseded Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175,
which had provided for a similar transfer to Secretary of Housing and
Urban Development. Both of these Executive Orders were subsequently
revoked, see Delegation of Functions note below.
Office of Emergency Preparedness (formerly Office of Emergency
Planning), including offices of Director, Deputy Director, Assistant
Directors, and Regional Directors, abolished and all functions vested by
law in Office of Emergency Preparedness or Director of Office of
Emergency Preparedness transferred to President by sections 1 and
3(a)(1) of Reorg. Plan No. 1 of 1973, eff. July 1, 1973, set out in
the Appendix to Title 5, Government Organization and Employees.
Functions of President under this section delegated to Director of
Federal Emergency Management Agency by section 4-106 of Ex. Ord. No.
12148, July 20, 1979, 44 F.R. 43239, set out as a note under section
2251 of the Appendix to Title 50, War and National Defense. Sections
5-112 and 5-113 of Ex. Ord. No. 12148, revoked Ex. Ord. Nos. 11725 and
11749, respectively, which had previously transferred President's
functions under this section to Secretary of Housing and Urban
Development. See Transfer of Functions note above.
20 USC 647. Determination of payment not affected by announcement of
decrease in or cessation of Federal activities in certain areas
TITLE 20 -- EDUCATION
In determining the payment to be made to a local educational agency
under this chapter the Secretary shall disregard the announcement, made
November 19, 1964, of a decrease in or cessation of Federal activities
in certain areas, and shall carry out such chapter as if such
announcement had not been made.
(Sept. 23, 1950, ch. 995, 17, as added Nov. 1, 1965, Pub. L.
89-313, 3, 79 Stat. 1161; amended Apr. 28, 1988, Pub. L. 100-297,
title II, 2032(a)(1), 102 Stat. 301.)
1988 -- Pub. L. 100-297 substituted ''Secretary'' for
''Commissioner''.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
20 USC CHAPTER 20 -- GRANTS FOR TEACHING IN THE EDUCATION OF THE DEAF
TITLE 20 -- EDUCATION
20 USC 671 to 676. Omitted
TITLE 20 -- EDUCATION
Chapter consisted of Pub. L. 87-276, Sept. 22, 1961, 75 Stat. 575,
in its entirety. Under the terms of section 6(b) thereof, as amended,
the provisions of Pub. L. 87-276 terminated on June 30, 1964. See
section 1401 et seq. of this title and section 2495 of Title 42, The
Public Health and Welfare.
Section 671, Pub. L. 87-276, 1, Sept. 22, 1961, 75 Stat. 575,
authorized Commissioner of Education to conduct a program of
grants-in-aid to help provide courses of training and study for teachers
of the deaf and to improve existing courses.
Section 672, Pub. L. 87-276, 2, Sept. 22, 1961, 75 Stat. 575,
provided for making of payments by Commissioner under such a program.
Section 673, Pub. L. 87-276, 3, Sept. 22, 1961, 75 Stat. 575,
defined ''nonprofit'', ''accredited'', and ''approved''.
Section 674, Pub. L. 87-276, 4, Sept. 22, 1961, 75 Stat. 576,
authorized Commissioner to delegate his functions under this chapter
except the making of regulations.
Section 675, Pub. L. 87-276, 5, Sept. 22, 1961, 75 Stat. 576,
established Advisory Committee on the Training of Teachers of the Deaf
to review and otherwise make recommendations in connection with
grants-in-aid program.
Section 676, Pub. L. 87-276, 6, Sept. 22, 1961, 75 Stat. 576;
Pub. L. 88-164, title III, 301(c), Oct. 31, 1963, 77 Stat. 295,
authorized appropriations up through fiscal year ending June 30, 1964,
and provided for termination of this chapter on June 30, 1964. Pub. L.
91-230, title VI, 662(4), Apr. 13, 1970, 84 Stat. 188, repealed title
III of Pub. L. 88-164, cited above.
20 USC CHAPTER 20A -- NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
TITLE 20 -- EDUCATION
20 USC 681 to 685. Repealed. Pub. L. 99-371, title II, 210(d),
formerly title IV, 410(d), Aug. 4, 1986, 100 Stat. 794; renumbered
title II, 210(d), Pub. L. 102-421, title I, 101(b)(5), (6), Oct. 16,
1992, 106 Stat. 2151
TITLE 20 -- EDUCATION
Section 681, Pub. L. 89-36, 2, June 8, 1965, 79 Stat. 125, stated
purpose of and authorized appropriations for National Technical
Institute for the Deaf. See sections 4331 and 4360(b) of this title.
Section 682, Pub. L. 89-36, 3, June 8, 1965, 79 Stat. 125; Pub.
L. 96-88, title III, 301(a)(1), (2)(M), title V, 507, Oct. 17, 1979,
93 Stat. 677, 678, 692, defined ''Secretary'', ''institution of higher
education'', and ''construction''. See section 4351 of this title.
Section 683, Pub. L. 89-36, 4, June 8, 1965, 79 Stat. 125, related
to proposals for establishing and operating a National Technical
Institute for the Deaf.
Section 684, Pub. L. 89-36, 5, June 8, 1965, 79 Stat. 126, related
to entering into an agreement for establishment and operation of a
National Technical Institute for the Deaf. See section 4332 of this
title.
Section 685, Pub. L. 89-36, 6, June 8, 1965, 79 Stat. 127, related
to a National Advisory Board for the establishment of a national
technical institute for the deaf.
Pub. L. 89-36, 1, June 8, 1965, 79 Stat. 125, which provided that
this chapter be cited as the ''National Technical Institute for the Deaf
Act'', was repealed by Pub. L. 99-371, title II, 210(d), formerly
title IV, 410(d), Aug. 4, 1986, 100 Stat. 794; renumbered title II,
210(d), Pub. L. 102-421, title I, 101(b)(5), (6), Oct. 16, 1992, 106
Stat. 2151.
20 USC 686. Transferred
TITLE 20 -- EDUCATION
Section, Pub. L. 95-355, title I, 100, Sept. 8, 1978, 92 Stat.
531, which authorized National Technical Institute for the Deaf to make
purchases through General Services Administration, was transferred to
section 4362 of this title.
20 USC CHAPTER 20B -- GALLAUDET COLLEGE
TITLE 20 -- EDUCATION
20 USC SUBCHAPTER I -- CONTINUATION AND ADMINISTRATION
TITLE 20 -- EDUCATION
20 USC 691 to 691g. Repealed. Pub. L. 99-371, title II, 210(d),
formerly title IV, 410(a), Aug. 4, 1986, 100 Stat. 794; renumbered
title II, 210(a), Pub. L. 102-421, title I, 101(b)(5), (6), Oct. 16,
1992, 106 Stat. 2151
TITLE 20 -- EDUCATION
Section 691, act June 18, 1954, ch. 324, 1, 68 Stat. 265, directed
that Gallaudet College be successor to Columbia Institution for the
Deaf. See section 4301(a) of this title.
Section 691a, act June 18, 1954, ch. 324, 2, 68 Stat. 265, stated
purposes of Gallaudet College. See section 4301(b) of this title.
Section 691b, acts June 18, 1954, ch. 324, 3, 68 Stat. 265; Sept.
13, 1960, Pub. L. 86-776, 4, 74 Stat. 917; Oct. 17, 1979, Pub. L.
96-88, title III, 301(a)(2)(M), title V, 507, 93 Stat. 677, 692,
related to property rights of Gallaudet College, assumption of
outstanding liabilities and obligations against corporation under any
former name, and conveyance or mortgage of property. See section 4302
of this title.
Section 691c, act June 18, 1954, ch. 324, 4, 68 Stat. 265, related
to gifts of property to Gallaudet College. See section 4352(a) of this
title.
Section 691d, acts June 18, 1954, ch. 324, 5, 68 Stat. 265; July
23, 1968, Pub. L. 90-415, 1, 2, 82 Stat. 397, related to composition
and appointment, etc., of Board of Directors of Gallaudet College. See
section 4303(a) of this title.
Section 691e, act June 18, 1954, ch. 324, 6, 68 Stat. 266, related
to powers of Board of Directors of Gallaudet College. See section
4303(b) of this title.
Section 691f, acts June 18, 1954, ch. 324, 7, 68 Stat. 266; Oct.
17, 1979, Pub. L. 96-88, title III, 301(a)(2)(M), title V, 507, 93
Stat. 677, 692, related to financial transactions and accounts of
Gallaudet College and an annual report to Secretary of Education. See
sections 4353 and 4354(a) of this title.
Section 691g, act June 18, 1954, ch. 324, 8, 68 Stat. 266,
authorized appropriations for Gallaudet College. See section 4360(a) of
this title.
20 USC 691h, 691i. Transferred
TITLE 20 -- EDUCATION
Section 691h, R.S. 441; Mar. 4, 1911, ch. 285, 36 Stat. 1422;
1940 Reorg. Plan No. IV, 11, eff. June 30, 1940, 5 F.R. 2421, 54
Stat. 1234; 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631; June 18, 1954, ch. 324, 1, 68 Stat. 265; Oct.
17, 1979, Pub. L. 96-88, title III, 301(a)(2)(M), title V, 507, 93
Stat. 677, 692, which charged Secretary of Education with supervision
of public business of Gallaudet College, was transferred to section 4361
of this title.
Section 691i, Pub. L. 95-355, title I, 100, Sept. 8, 1978, 92
Stat. 531, which authorized Gallaudet College to make purchases through
General Services Administration, was transferred to section 4362 of this
title.
20 USC SUBCHAPTER II -- MODEL SECONDARY SCHOOL FOR THE DEAF
TITLE 20 -- EDUCATION
20 USC 693 to 693b. Repealed. Pub. L. 99-371, title II, 210(c),
formerly title IV, 410(c), Aug. 4, 1986, 100 Stat. 794; renumbered
title II, 210(c), Pub. L. 102-421, title I, 101(b)(5), (6), Oct. 16,
1992, 106 Stat. 2151
TITLE 20 -- EDUCATION
Section 693, Pub. L. 89-694, 2, Oct. 15, 1966, 80 Stat. 1027,
authorized appropriations for a model secondary school for the deaf.
See section 4360(a)(C) of this title.
Section 693a, Pub. L. 89-694, 3, Oct. 15, 1966, 80 Stat. 1027;
Pub. L. 96-88, title III, 301(a)(2)(N), title V, 507, Oct. 17, 1979,
93 Stat. 677, 695, defined ''Secretary'', ''construction'', and
''secondary school''. See section 4351 of this title.
Section 693b, Pub. L. 89-694, 4, Oct. 15, 1966, 80 Stat. 1027,
related to an agreement with Gallaudet College to establish a model
secondary school. See section 4322 of this title.
Pub. L. 89-694, 1, Oct. 15, 1966, 80 Stat. 1027, which provided
that this subchapter be cited as the ''Model Secondary School for the
Deaf Act'', was repealed by Pub. L. 99-371, title II, 410(c), formerly
title IV, 410(c), Aug. 4, 1986, 100 Stat. 794; renumbered title II,
210(c), Pub. L. 102-421, title I, 101(b)(5), (6), Oct. 16, 1992, 106
Stat. 2151.
20 USC SUBCHAPTER III -- DEMONSTRATION ELEMENTARY SCHOOL FOR THE DEAF
TITLE 20 -- EDUCATION
20 USC 695 to 695c. Repealed. Pub. L. 99-371, title II, 210(b),
formerly title IV, 410(b), Aug. 4, 1986, 100 Stat. 794; renumbered
title II, 210(b), Pub. L. 102-421, title I, 101(b)(5), (6), Oct. 16,
1992, 106 Stat. 2151
TITLE 20 -- EDUCATION
Section 695, Pub. L. 91-587, 1, Dec. 24, 1970, 84 Stat. 1579,
authorized Gallaudet College to operate Kendall School as a
demonstration elementary school for the deaf. See section 4311 of this
title.
Section 695a, Pub. L. 91-587, 2, Dec. 24, 1970, 84 Stat. 1579,
defined ''elementary school'' and ''construction''. See section 4351 of
this title.
Section 695b, Pub. L. 91-587, 3, Dec. 24, 1970, 84 Stat. 1579,
authorized appropriations for establishment and operation, including
construction and equipment, of demonstration elementary school. See
section 4360(a)(B) of this title.
Section 695c, Pub. L. 91-587, 4, Dec. 24, 1970, 84 Stat. 1579,
related to design and construction of facilities of demonstration
elementary school.
20 USC CHAPTER 21 -- HIGHER EDUCATION FACILITIES
TITLE 20 -- EDUCATION
This chapter has been superseded generally by section 1132a et seq.
of this title.
Pub. L. 92-318, 161(b)(1), June 23, 1972, 86 Stat. 303, provided
that: ''The programs authorized by title VII of the Higher Education
Act of 1965 (section 1132a et seq. of this title) shall be deemed to be
a continuation of the comparable programs authorized by the Higher
Education Facilities Act of 1963 (this chapter).''
20 USC 701. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 88-204, 2, Dec. 16, 1963, 77 Stat. 363, related
to congressional findings and declaration of policy.
20 USC SUBCHAPTER I -- GRANTS FOR CONSTRUCTION OF UNDERGRADUATE ACADEMIC
FACILITIES
TITLE 20 -- EDUCATION
20 USC 711 to 721. Repealed. Pub. L. 92-318, title I, 161(b)(2),
June 23, 1972, 86 Stat. 303
TITLE 20 -- EDUCATION
Section 711, Pub. L. 88-204, title I, 101, Dec. 16, 1963, 77 Stat.
364; Pub. L. 89-329, title VII, 701(b), Nov. 8, 1965, 79 Stat.
1267; Pub. L. 89-752, 2(a), (b), Nov. 3, 1966, 80 Stat. 1240; Pub.
L. 90-575, title IV, 401(a)(1), (2), Oct. 16, 1968, 82 Stat. 1059,
authorized appropriations for grants for construction of undergraduate
academic facilities.
Section 712, Pub. L. 88-204, title I, 102, Dec. 16, 1963, 77 Stat.
364; Pub. L. 89-752, 2(c), Nov. 3, 1966, 80 Stat. 1241 provided for
allotment of funds.
Section 713, Pub. L. 88-204, title I, 103, Dec. 16, 1963, 77 Stat.
365; Pub. L. 89-329, title VII, 702(a)(1), (2), Nov. 8, 1965, 79
Stat. 1267; Pub. L. 89-752, 2(d), Nov. 3, 1966, 80 Stat. 1241;
Pub. L. 90-575, title IV, 401(a)(4), 406(a), Oct. 16, 1968, 82 Stat.
1059, 1061, provided for allotments for public community colleges and
technical institutes, providing in former subsec. (a) for basis of
computation and minimum amount; subsec. (b) availability of funds;
subsec. (c) reallotment of unreserved funds at close of fiscal year and
factors considered; subsec. (d) allotment ratio, specification and
promulgation thereof, and definition of high school graduate.
Section 714, Pub. L. 88-204, title I, 104, Dec. 16, 1963, 77 Stat.
366; Pub. L. 89-329, title VII, 702(b)(1), (2), Nov. 8, 1965, 79
Stat. 1267; Pub. L. 89-752, 2(d), Nov. 3, 1966, 80 Stat. 1241;
Pub. L. 90-575, title IV, 401(a)(4), 406(a), Oct. 16, 1968, 82 Stat.
1059, 1061, provided for allotments for institutions of higher education
other than public community colleges and technical institutes, providing
in former subsec. (a) for considerations and determinations affecting
allotments and minimum; subsec. (b) availability of funds; and subsec.
(c) reallotment of unreserved funds at close of fiscal year and factors
considered.
Section 715, Pub. L. 88-204, title I, 105, Dec. 16, 1963, 77 Stat.
367; Pub. L. 89-329, title VII, 702(a)(3), (4), (b)(3), (c)(1), Nov.
8, 1965, 79 Stat. 1267, 1268; Pub. L. 89-752, 3(a), Nov. 3, 1966, 80
Stat. 1241; Pub. L. 90-575, title IV, 401(a)(3), Oct. 16, 1968, 82
Stat. 1059, provided for State commissions and plans and authorized
expenditures.
Section 716, Pub. L. 88-204, title I, 106, Dec. 16, 1963, 77 Stat.
368; Pub. L. 89-329, title VII, 701(a), Nov. 8, 1965, 79 Stat.
1266; Pub. L. 90-575, title IV, 402(a)(1), (b)(1), Oct. 16, 1968, 82
Stat. 1059, 1060, related to eligibility of institutions for grants and
expansion of student enrollment capacity.
Section 717, Pub. L. 88-204, title I, 107, Dec. 16, 1963, 77 Stat.
368; Pub. L. 89-329, title VII, 702(c)(2), Nov. 8, 1965, 79 Stat.
1268; Pub. L. 90-575, title IV, 402(a)(2), 405(a), Oct. 16, 1968, 82
Stat. 1059, 1061, provided basic criteria for determining priorities
and Federal share.
Section 718, Pub. L. 88-204, title I, 108, Dec. 16, 1963, 77 Stat.
369; Pub. L. 90-575, title IV, 402(a)(3), Oct. 16, 1968, 82 Stat.
1059, related to applications for grants, providing in former subsec.
(a) for submission of applications by institutions; subsec. (b)
conditions for approval; and subsec. (c) amendments of applications.
Section 719, Pub. L. 88-204, title I, 109, Dec. 16, 1963, 77 Stat.
370, provided for reservation and payment of grant.
Section 720, Pub. L. 88-204, title I, 110, Dec. 16, 1963, 77 Stat.
370, provided for disapproval of State plans, notice and hearing,
findings of Commissioner, and notification of non-eligibility.
Section 721, Pub. L. 88-204, title I, 111, Dec. 16, 1963, 77 Stat.
370, related to judicial review, providing in former subsec. (a) for
appeal by State of Commissioner's final action to court of appeals;
subsec. (b) findings of Commissioner conclusive if substantially
supported, remand for taking further evidence, and new or modified
findings conclusive if supported; subsec. (c) jurisdiction of court of
appeals and review by Supreme Court.
For general subject matter of former sections 711 to 721 of this
title, see section 1132a et seq. of this title.
Repeal effective July 1, 1972, see section 161(b)(2) of Pub. L.
92-318.
20 USC SUBCHAPTER II -- GRANTS FOR CONSTRUCTION OF GRADUATE ACADEMIC
FACILITIES
TITLE 20 -- EDUCATION
20 USC 731, 732. Repealed. Pub. L. 92-318, title I, 161(b)(2), June
23, 1972, 86 Stat. 303
TITLE 20 -- EDUCATION
Section 731, Pub. L. 88-204, title II, 201, Dec. 16, 1963, 77
Stat. 371; Pub. L. 89-329, title VII, 701(c), 702(d), Nov. 8, 1965,
79 Stat. 1267, 1268; Pub. L. 89-752, 4, Nov. 3, 1966, 80 Stat.
1242; Pub. L. 90-575, title IV, 401(b), Oct. 16, 1968, 82 Stat.
1059, authorized appropriations for grants for construction of graduate
academic facilities. See section 1132b of this title.
Section 732, Pub. L. 88-204, title II, 202, Dec. 16, 1963, 77
Stat. 371; Pub. L. 90-575, title II, 291(b)(2), title IV, 405(b),
Oct. 16, 1968, 82 Stat. 1050, 1061, related to grants, providing in
subsec. (a) for eligible institutions and requirement of an
application; subsec. (b) maximum allowable percentile of development
cost; subsec. (c) action by panel of specialists required for
application approval and considerations affecting approval; and subsec.
(d) maximum amount of payments in any fiscal year. See section 1132b-1
of this title.
Repeal effective July 1, 1972, see section 161(b)(2) of Pub. L.
92-318.
20 USC 733. Repealed. Pub. L. 90-575, title II, 291(b)(1), Oct. 16,
1968, 82 Stat. 1050
TITLE 20 -- EDUCATION
Section, Pub. L. 88-204, title II, 203, Dec. 16, 1963, 77 Stat.
371, established an Advisory Committee on Graduate Education. See
section 1145 of this title.
20 USC 741 to 745. Omitted
TITLE 20 -- EDUCATION
Section 741, Pub. L. 88-204, title III, 301, Dec. 16, 1963, 77
Stat. 372, authorized the Commissioner to make loans for construction
of academic facilities. See section 1132c(a)(2) of this title.
Section 742, Pub. L. 88-204, title III, 302, Dec. 16, 1963, 77
Stat. 372, prescribed the maximum amount of loans allowable within any
State.
Section 743, Pub. L. 88-204, title III, 303, Dec. 16, 1963, 77
Stat. 372; Pub. L. 89-329, title VII, 702(e), 703(a), Nov. 8, 1965,
79 Stat. 1268; Pub. L. 89-429, 4(a), May 24, 1966, 80 Stat. 166;
Pub. L. 89-752, 5, Nov. 3, 1966, 80 Stat. 1242; Pub. L. 90-575,
title IV, 401(c), 402(a)(4), Oct. 16, 1968, 82 Stat. 1059, 1060,
related to eligibility conditions, amounts and terms of loans, and
authorization of appropriations. See sections 1132c(b) and 1132c-1 of
this title.
Section 744, Pub. L. 88-204, title III, 304, Dec. 16, 1963, 77
Stat. 373; Pub. L. 89-752, 7, Nov. 3, 1966, 80 Stat. 1243, related
to finality and conclusiveness of Commissioner's transactions and
additional powers and duties of Commissioner. See section 1132c-2 of
this title.
Section 745, Pub. L. 88-204, title III, 305, as added Pub. L.
89-429, 4(b), May 24, 1966, 80 Stat. 166, related to Revolving Loan
Fund. See section 1132c-3 of this title.
20 USC 746. Repealed. Pub. L. 92-318, title I, 161(b)(3), June 23,
1972, 86 Stat. 303
TITLE 20 -- EDUCATION
Section, Pub. L. 88-204, title III, 306, as added Pub. L. 90-575,
title IV, 403, Oct. 16, 1968, 82 Stat. 1060, related to annual
interest grants, providing in: subsec. (a) for power of Commissioner;
subsec. (b) for maximum period and amount and approval by Secretary;
subsec. (c) for authorization of appropriations and limitation on
aggregate amount of contracts; subsec. (d) for maximum amount of funds
usable in one State; and subsec. (e) certain prerequisites and nature
of financing. See section 1132c-4 of this title.
Repeal effective July 1, 1972, see section 161(b)(3) of Pub. L.
92-318.
20 USC SUBCHAPTER IV -- GENERAL PROVISIONS
TITLE 20 -- EDUCATION
20 USC 751. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 88-204, title IV, 401, Dec. 16, 1963, 77 Stat.
374; Pub. L. 89-329, title VII, 702(c)(3), (f), Nov. 8, 1965, 79
Stat. 1268; Pub. L. 89-752, 6, 8, Nov. 3, 1966, 80 Stat. 1243;
Pub. L. 90-575, title IV, 402(a)(5), 405(a), Oct. 16, 1968, 82 Stat.
1060, 1061, defined ''academic facilities'', ''construction'',
''equipment'', ''development cost'', ''Federal share'', ''higher
education building agency'', ''institution of higher education'',
''public community college and public technical institute'',
''cooperative graduate center'', ''cooperative graduate center board'',
''high school'', ''nonprofit educational institution'', ''public
educational institution'', and ''State''. See section 1132e-1 of this
title.
20 USC 752. Repealed. Pub. L. 91-230, title IV, 401(c)(6), (h)(2),
Apr. 13, 1970, 84 Stat. 173, 174
TITLE 20 -- EDUCATION
Section, Pub. L. 88-204, title IV, 402, Dec. 16, 1963, 77 Stat.
377, related to Federal administration as to higher education
facilities, providing in subsecs. (a) and (b) for delegation of
functions by Commissioner and for utilization of services and facilities
of other agencies and payment for services in advance or by way of
reimbursement, now superseded by section 1231 of this title, and in
subsec. (c) for appointment of advisory committees and for compensation
($75 per day limitation) and travel expenses of members of such advisory
committees, and was superseded by sections 1233a(a) and 1233c of this
title.
20 USC 753 to 756. Omitted
TITLE 20 -- EDUCATION
Section 753, Pub. L. 88-204, title IV, 403, Dec. 16, 1963, 77
Stat. 378, related to labor standards on projects assisted by grant or
loan. See section 1232b of this title.
Section 754, Pub. L. 88-204, title IV, 404, Dec. 16, 1963, 77
Stat. 378, related to period of Federal interest in project and
recovery of payments. See section 1132e of this title.
Section 755, Pub. L. 88-204, title IV, 405, Dec. 16, 1963, 77
Stat. 378, related to method of payment. See section 1142 of this
title.
Section 756, Pub. L. 88-204, title IV, 406, Dec. 16, 1963, 77
Stat. 379, related to authorization of appropriations for
administration.
20 USC 757. Repealed. Pub. L. 91-230, title IV, 401(f)(4), Apr. 13,
1970, 84 Stat. 173
TITLE 20 -- EDUCATION
Section, Pub. L. 88-204, title IV, 407, Dec. 16, 1963, 77 Stat.
379, prohibited Federal control of education (personnel, curriculum,
methods of instruction, or administration), and was superseded by
section 1232a of this title.
20 USC 758. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 88-204, title IV, 408, as added Pub. L. 89-769,
7(a), Nov. 6, 1966, 80 Stat. 1318; amended Pub. L. 90-21, title I,
101, May 29, 1967, 81 Stat. 36; Pub. L. 90-575, title IV, 404, Oct.
16, 1968, 82 Stat. 1061; Pub. L. 91-606, title III, 301(g), Dec. 31,
1970, 84 Stat. 1759; Pub. L. 93-288, title VI, 602(g), May 22, 1974,
88 Stat. 164, related to assistance for higher education construction
in major disaster areas. See section 1132d et seq. of this title.
20 USC CHAPTER 22 -- NATIONAL COUNCIL ON THE ARTS
TITLE 20 -- EDUCATION
20 USC 781 to 788. Repealed. Pub. L. 91-346, 5(d)(3)(B), July 20,
1970, 84 Stat. 445
TITLE 20 -- EDUCATION
For general subject matter of sections 781 to 788, see section 955 of
this title.
Section 781, Pub. L. 88-579, 2, Sept. 3, 1964, 78 Stat. 905, set
forth a Congressional declaration of policy to encourage and promote the
Nation's artistic and cultural progress by establishing a National
Council on the Arts.
Section 782, Pub. L. 88-579, 3, Sept. 3, 1964, 78 Stat. 905,
proscribed Federal control over policy or program determination in the
administration of this chapter.
Section 783, Pub. L. 88-579, 4, Sept. 3, 1964, 78 Stat. 905,
established in the Executive Office of the President a National Council
on the Arts. See section 955 of this title and notes thereunder.
Section 784, Pub. L. 88-579, 5, Sept. 3, 1964, 78 Stat. 905;
Pub. L. 89-209, 6(d)(1), (2), Sept. 29, 1965, 79 Stat. 849, 850,
provided for appointment, composition, terms of office and vacancies in
the National Council on the Arts.
Section 785, Pub. L. 88-579, 6, Sept. 3, 1964, 78 Stat. 906;
Pub. L. 89-209, 5(d)(2)(A), Sept. 29, 1965, 79 Stat. 847; Pub. L.
90-83, 10(b), Sept. 11, 1967, 81 Stat. 223, provided for appointment
of a Chairman of the National Council on the Arts, his term of office
and reimbursement for his expenses.
Section 786, Pub. L. 88-579, 7, Sept. 3, 1964, 78 Stat. 906;
Pub. L. 89-209, 6(d)(3), (4), Sept. 29, 1965, 79 Stat. 850, provided
that the National Council on the Arts meet at the call of the Chairman
at least twice a year, established 14 Council members as constituting a
quorum, and set forth functions and duties of the Council.
Section 787, Pub. L. 88-579, 8, Sept. 3, 1964, 78 Stat. 907,
provided for compensation of Council members.
Section 788, Pub. L. 88-579, 9, Sept. 3, 1964, 78 Stat. 907,
authorized appointment of and compensation for secretarial, clerical,
and other staff and further authorized procurement by the Chairman of
temporary and intermittent services.
Repeal effective July 1, 1970, see section 5(d)(3)(B) of Pub. L.
91-346.
20 USC 789. Repealed. Pub. L. 89-209, 6(d)(5), Sept. 29, 1965, 79
Stat. 850
TITLE 20 -- EDUCATION
Section, Pub. L. 88-579, 10, Sept. 3, 1964, 78 Stat. 907; Pub.
L. 89-125, Aug. 13, 1965, 79 Stat. 518, authorized $150,000 per annum
to be appropriated to the Council to carry out the purpose of this
chapter. See section 960 of this title.
Section was also repealed by Pub. L. 91-346, 5(d)(3)(B), July 20,
1970, 84 Stat. 445.
20 USC 790. Repealed. Pub. L. 91-346, 5(d)(3)(B), July 20, 1970, 84
Stat. 445
TITLE 20 -- EDUCATION
Section, Pub. L. 88-579, 11, Sept. 3, 1964, 78 Stat. 907,
provided that this chapter would not invalidate any act of Congress or
Executive order vesting authority in the Commission of Fine Arts or any
other Federal advisory body nor would this chapter authorize the
National Council on the Arts to undertake any duty or responsibility
which belongs to any other Federal advisory body established as of Sept.
3, 1964.
Repeal effective July 1, 1970, see section 5(d)(3)(B) of Pub. L.
91-346.
20 USC CHAPTER 23 -- TRAINING AND FELLOWSHIP PROGRAMS FOR COMMUNITY
DEVELOPMENT
TITLE 20 -- EDUCATION
Sec.
801. Congressional findings and purpose.
(a) Need for training and research related to community development.
(b) Fellowships for specialists and personnel in urban affairs;
grants to institutions of higher education; assistance to States and
localities.
802. Fellowships for city planning, management, housing specialists,
and persons with general capacity in urban affairs and problems.
(a) Criteria.
(b) Urban Studies Fellowship Board.
803. Matching grants to States.
(a) Purposes.
(b) Training in housing management.
(c) State plan; required provisions.
(d) Matching funds from non-Federal sources.
803a. Project grants and contracts.
(a) Authorization; purposes; application.
(b) Contents; use of payments.
804. Limitation on grants to any one State.
805. Technical assistance, studies, and publication of information.
806. Authorization of appropriations; availability of funds.
807. Definitions; authorization of appropriations for
administrative and other expenses.
20 USC 801. Congressional findings and purpose
TITLE 20 -- EDUCATION
(a) Need for training and research related to community development
The Congress finds that the rapid expansion of the Nation's urban
areas and urban population has caused severe problems in urban and
suburban development and created a national need to (1) provide special
training in skills needed for economic and efficient community
development, and (2) support research in new or improved methods of
dealing with community development problems.
(b) Fellowships for specialists and personnel in urban affairs;
grants to institutions of higher education; assistance to States and
localities
It is the purpose of this chapter to provide fellowships for the
graduate training of professional city and regional planning,
management, and housing specialists, and professionally trained
personnel with a general capacity in urban affairs and problems: to
make grants to and contracts with institutions of higher education (or
combinations of such institutions) to assist them in planning,
developing, strengthening, improving, or carrying out programs or
projects for the preparation of graduate or professional students to
enter the public service; and to assist and encourage the States and
localities, in cooperation with public and private universities and
colleges and urban centers and with business firms and associations,
labor unions, and other interested associations and organizations, to
(1) organize, initiate, develop, and expand programs which will provide
special training in skills needed for economic and efficient community
development to those technical, professional, and other persons with the
capacity to master and employ such skills who are, or are training to
be, employed by a governmental or public body which has responsibility
for community development, or by a private nonprofit organization which
is conducting or has responsibility for housing and community
development programs, and (2) support State and local research that is
needed in connection with housing programs and needs, public improvement
programing, code problems, efficient land use, urban transportation, and
similar community development problems.
(Pub. L. 88-560, title VIII, 801, Sept. 2, 1964, 78 Stat. 802; Pub.
L. 90-448, title XVII, 1707(a), Aug. 1, 1968, 82 Stat. 605; Pub. L.
91-152, title III, 307, Dec. 24, 1969, 83 Stat. 392; Pub. L. 93-383,
title IV, 402(a), Aug. 22, 1974, 88 Stat. 691.)
Pub. L. 93-383, 402, provided for amendments to title VIII of the
Housing and Urban Development Act of 1964. The amendments of the
enumerated sections of such title VIII have been executed to comparable
sections of title VIII of the Housing Act of 1964 as the probable intent
of Congress.
1974 -- Subsec. (b). Pub. L. 93-383 expanded purposes of chapter to
include graduate training in regional planning and for training of
personnel with a general capacity in urban affairs and problems and
authorizing grants and contracts with institutions of higher education
for training of graduate or professional students.
1969 -- Subsec. (a). Pub. L. 91-152 inserted a comma before ''and
(2)''.
Subsec. (b). Pub. L. 91-152 inserted provision that it is the purpose
of this chapter to grant fellowships for the graduate training of
professional city planning and urban and housing technicians and
specialists.
1968 -- Subsec. (b). Pub. L. 90-448 provided for cooperation with
business firms and associations, labor unions, and other interested
associations or organizations, included employment by a private
nonprofit organization which is conducting or has responsibility for
housing and community development programs, and substituted ''technical,
professional, and other persons with the capacity to master and employ
such skills'' for ''technical and professional people.''
20 USC 802. Fellowships for city planning, management, housing
specialists, and persons with general capacity in urban affairs and
problems
TITLE 20 -- EDUCATION
(a) Criteria
The Secretary is authorized to provide fellowships for the graduate
training of professional city planning, management, and housing
specialists, and other persons who wish to develop a general capacity in
urban affairs and problems as herein provided. Persons shall be
selected for such fellowships solely on the basis of ability and upon
the recommendation of the Urban Studies Fellowship Advisory Board
established pursuant to subsection (b) of this section. Fellowships
shall be solely for training in public and private nonprofit
institutions of higher education having programs of graduate study in
the field of city planning or in related fields (including architecture,
civil engineering, economics, municipal finance, public administration,
urban affairs, and sociology) which programs are oriented to training
for careers in city and regional planning, housing, urban renewal, and
community development.
(b) Urban Studies Fellowship Board
There is hereby established the Urban Studies Fellowship Advisory
Board (hereinafter referred to as the ''Board''), which shall consist of
nine members to be appointed by the Secretary as follows: Three from
public institutions of higher learning and three from private nonprofit
institutions of higher education, who are the heads of departments which
provide academic courses appropriately related to the fields referred to
in subsection (a) of this section, and three from national organizations
which are directly concerned with problems relating to urban, regional,
and community development. The Board shall meet upon the request of the
Secretary and shall make recommendations to him with respect to persons
to be selected for fellowships under this section. Members of the Board
shall be entitled to receive transportation expenses and a per diem in
lieu of subsistence as authorized for members of advisory committees
created pursuant to section 1701h of title 12.
(Pub. L. 88-560, title VIII, 802, Sept. 2, 1964, 78 Stat. 802; Pub.
L. 89-117, title XI, 1103(a), Aug. 10, 1965, 79 Stat. 503; Pub. L.
90-19, 21(d), May 25, 1967, 81 Stat. 26; Pub. L. 90-448, title XVII,
1707(a)(2), (3), Aug. 1, 1968, 82 Stat. 606; Pub. L. 91-152, title III,
307, Dec. 24, 1969, 83 Stat. 392; Pub. L. 93-383, title IV, 402(b),
Aug. 22, 1974, 88 Stat. 691.)
Pub. L. 93-383, 402, provided for amendments to title VIII of the
Housing and Urban Development Act of 1964. The amendments of the
enumerated sections of such title VIII have been executed to comparable
sections of title VIII of the Housing Act of 1964 as the probable intent
of Congress.
1974 -- Subsec. (a). Pub. L. 93-383 expanded authority of Secretary
to include fellowships in graduate training in city management and for
persons wishing to develop a general capacity in urban affairs and added
urban affairs to authorized fields of study.
1969 -- Pub. L. 91-152 substituted provisions authorizing the
Secretary to grant fellowships solely on the basis of ability for
training in city planning at public and private nonprofit institutions
of higher education and establishing the Urban Studies Fellowship
Advisory Board for provisions authorizing the Secretary to make matching
grants to States to assist in programs providing special training in
community development and to support local research and setting forth
the provisions required in any plan submitted to the Secretary in order
to obtain grants. The former provisions of this section are now set
forth in section 803 of this title with minor amendments.
1968 -- Subsec. (a)(1). Pub. L. 90-448 substituted ''technical,
professional, and other persons with the capacity to master and employ
such skills'' for ''technical and professional people'', and inserted
provisions to include employment by a private nonprofit organization
which is conducting or has responsibility for housing and community
development programs.
1967 -- Subsecs. (a), (b). Pub. L. 90-19 substituted ''Secretary''
for ''Administrator'' wherever appearing.
1965 -- Subsec. (d). Pub. L. 89-117 substituted ''$30,000,000'' for
''$10,000,000''.
Advisory boards in existence on Jan. 5, 1973, to terminate not later
than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a board established by the President or an
officer of the Federal Government, such board is renewed by appropriate
action prior to the expiration of such 2-year period, or in the case of
a board established by the Congress, its duration is otherwise provided
for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
20 USC 803. Matching grants to States
TITLE 20 -- EDUCATION
(a) Purposes
Subject to the provisions of this chapter and in accordance with
regulations prescribed by him, the Secretary may make matching grants to
States to assist in --
(1) organizing, initiating, developing, or expanding programs to
provide special training in skills needed for economic and efficient
community development to those technical, professional, and other
persons with the capacity to master and employ such skills who are, or
are training to be, employed by a governmental or public body which has
responsibilities for community development, or by a private nonprofit
organization which is conducting or has responsibility for housing and
community development programs; and
(2) supporting State and local research that is needed in connection
with housing programs and needs, public improvement programing, code
problems, efficient land use, urban transportation, and similar
community development problems, and collecting, collating, and
publishing statistics and information relating to such research.
(b) Training in housing management
Grants may be made under subsection (a) of this section to support
(1) the training of persons, especially persons of low income, in
acquiring the skills needed in the management of housing for low- and
moderate-income persons, and (2) research and the dissemination of
information with respect to the problems involved in the management of
housing for low- and moderate-income persons.
(c) State plan; required provisions
No grants may be made to a State under this section unless the
Secretary has approved a plan for the State which --
(1) sets forth the proposed use of the funds and the objectives to be
accomplished;
(2) explains the method by which the required amounts from
non-Federal sources will be obtained;
(3) provides such fiscal control and fund accounting procedures as
may be reasonably necessary to assure proper disbursement of, and
accounting for, Federal funds paid to the State under this section;
(4) designates an officer or agency of the State government who has
responsibility and authority for the administration of a statewide
research and training program as the officer or agency with
responsibility and authority for the execution of the State's program
under this section; and
(5) provides that such officer or agency will make such reports to
the Secretary, in such form, and containing such information, as may be
reasonably necessary to enable the Secretary to perform his duties under
this section.
(d) Matching funds from non-Federal sources
No grant may be made under this section for any use unless an amount
at least equal to such grant is made available from non-Federal sources
for the same purpose and for concurrent use.
(Pub. L. 88-560, title VIII, 803, Sept. 2, 1964, 78 Stat. 803; Pub.
L. 89-117, title XI, 1103(b), Aug. 10, 1965, 79 Stat. 503; Pub. L.
91-152, title III, 307, Dec. 24, 1969, 83 Stat. 393; Pub. L. 91-609,
title IX, 904, Dec. 31, 1970, 84 Stat. 1809.)
1970 -- Subsecs. (b) to (d). Pub. L. 91-609 added subsec. (b) and
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1969 -- Pub. L. 91-152 substituted provisions authorizing the
Secretary to make matching grants to States to assist in programs
providing special training in community development and to support State
and local research, provisions setting forth the required contents of
any plan submitted to the Secretary in order to obtain grants, and
provisions requiring the matching from non-Federal sources of any grant
made pursuant to this section, for provisions requiring not more than 10
per centum of the total amount appropriated be used for making grants to
any one State. The former provisions of this section are now set forth
in section 804 of this title with minor amendments.
1965 -- Pub. L. 89-117 substituted ''appropriated for the purposes
of this subchapter'' for ''authorized to be appropriated by section
802(d) of this title''.
20 USC 803a. Project grants and contracts
TITLE 20 -- EDUCATION
(a) Authorization; purposes; application
The Secretary is authorized to make grants to or contracts with
institutions of higher education, or combinations of such institutions,
to assist them in planning, developing, strengthening, improving, or
carrying out programs or projects (1) for the preparation of graduate or
professional students in the fields of city and regional planning and
management, housing, and urban affairs, or (2) for research into, or
development or demonstration of, improved methods of education for these
professions. Such grants or contracts may include payment of all or
part of the cost of programs or projects.
(b) Contents; use of payments
(1) A grant or contract authorized by this section shall be made only
upon application to the Secretary at such time or times and containing
such information as he may prescribe, except that no such application
shall be approved unless it --
(A) sets forth programs, activities, research, or development for
which a grant is authorized under this section;
(B) provides 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 subsection; and
(C) provides for making such reports, in such form and containing
such information, as the Secretary may require to carry out his
functions under this subsection, and for keeping such records and for
affording such access thereto as the Secretary may find necessary to
assure the correctness and verification of such reports.
(2) Payments under this section may be used, in accordance with
regulations of the Secretary, and subject to the terms and conditions
set forth in an application approved under paragraph (1), to pay part of
the compensation of students employed in professions referred to in
subsection (a)(1) of this section, except students employed in any
branch of the Government of the United States, as part of a program for
which a grant has been approved pursuant to this subsection.
(Pub. L. 88-560, title VIII, 804, as added Pub. L. 93-383, title IV,
402(c)(2), Aug. 22, 1974, 88 Stat. 692.)
Pub. L. 93-383, 402, provided for amendments to title VIII of the
Housing and Urban Development Act of 1964. The amendments of the
enumerated sections of such title VIII have been executed to comparable
sections of title VIII of the Housing Act of 1964 as the probable intent
of Congress.
20 USC 804. Limitation on grants to any one State
TITLE 20 -- EDUCATION
Not more than 10 per centum of the total amount appropriated for the
purposes of this chapter may be used for making grants to any one State.
(Pub. L. 88-560, title VII, 805, formerly 804, Sept. 2, 1964, 78
Stat. 803; Pub. L. 90-19, 21(d), May 25, 1967, 81 Stat. 26; Pub. L.
91-152, title III, 307, Dec. 24, 1969, 83 Stat. 394; renumbered 805,
Pub. L. 93-383, title IV, 402(c)(1), Aug. 22, 1974, 88 Stat. 692.)
1969 -- Pub. L. 91-152 substituted provisions that not more than 10
per centum of the total amount appropriated be used for making grants to
any one State for provisions that authorized the Secretary to provide
technical assistance, etc., to State and local bodies. The former
provisions of the section are now set forth in section 805 of this title
with minor amendments.
1967 -- Pub. L. 90-19 substituted ''Secretary'' for
''Administrator'' wherever appearing.
20 USC 805. Technical assistance, studies, and publication of
information
TITLE 20 -- EDUCATION
In order to carry out the purpose of this chapter, the Secretary is
authorized to provide technical assistance to State and local
governmental or public bodies and to undertake such studies and publish
and distribute such information, either directly or by contract, as he
shall determine to be desirable. Nothing contained in this chapter
shall limit any authority of the Secretary under any other provision of
law.
(Pub. L. 88-560, title VIII, 806, formerly 805, Sept. 2, 1964, 78
Stat. 803; Pub. L. 90-19, 21(e), May 25, 1967, 81 Stat. 26; Pub. L.
90-448, title XVII, 1707(b), Aug. 1, 1968, 82 Stat. 606; Pub. L.
91-152, title III, 307, Dec. 24, 1969, 83 Stat. 394; renumbered 806,
Pub. L. 93-383, title IV, 402(c)(1), Aug. 22, 1974, 88 Stat. 692.)
1969 -- Pub. L. 91-152 substituted provisions authorizing the
Secretary to provide technical assistance, etc., to State and local
bodies to carry out the purposes of this chapter for provisions defining
''State'' and ''Secretary'' and authorizing to be appropriated such sums
as may be necessary for administrative and other expenses. The former
provisions of this section are now set forth in section 807 of this
title with minor amendments.
1968 -- Subsec. (a). Pub. L. 90-448 inserted ''Guam, American Samoa,
the Trust Territory of the Pacific Islands,''.
1967 -- Subsec. (a). Pub. L. 90-19 substituted definition of
''Secretary'' meaning the Secretary of Housing and Urban Development for
''Administrator'' meaning the Housing and Home Finance Administrator.
20 USC 806. Authorization of appropriations; availability of funds
TITLE 20 -- EDUCATION
There is authorized to be appropriated for the purpose of making
grants and providing fellowships under this chapter, without fiscal year
limitation, not to exceed $30,000,000, which amount shall be increased
by $3,500,000 on July 1, 1974, and by $3,500,000 on July 1, 1975. Any
amounts appropriated under this section shall remain available until
expended.
(Pub. L. 88-560, title VIII, 807, formerly 806, as added Pub. L.
91-152, title III, 307, Dec. 24, 1969, 83 Stat. 394; 807, renumbered
and amended Pub. L. 93-383, title IV, 402(c)(1), (d), Aug. 22, 1974,
88 Stat. 692.)
Pub. L. 93-383, 402, provided for amendments to title VIII of the
Housing and Urban Development Act of 1964. The amendments of the
enumerated sections of such title VIII have been executed to comparable
sections of title VIII of the Housing Act of 1964 as the probable intent
of Congress.
1974 -- Pub. L. 93-383, 402(d), inserted provisions increasing
amount by $3,500,000 on July 1, 1974, and by $3,500,000 on July 1, 1975.
20 USC 807. Definitions; authorization of appropriations for
administrative and other expenses
TITLE 20 -- EDUCATION
(a) As used in this chapter the term ''State'' means any State of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands,
and the Virgin Islands; and the term ''Secretary'' means the Secretary
of Housing and Urban Development.
(b) There are authorized to be appropriated such sums as may be
necessary for administrative and other expenses in carrying out this
chapter.
(Pub. L. 88-560, title VIII, 808, formerly 807, as added Pub. L.
91-152, title III, 307, Dec. 24, 1969, 83 Stat. 394; renumbered 808,
Pub. L. 93-383, title IV, 402(c)(1), Aug. 22, 1974, 88 Stat. 692.)
This chapter formerly consisted of subchapters I and II prior to its
general reorganization by Pub. L. 91-152, title III, 307, Dec. 24,
1969, 83 Stat. 394. Former subchapter II, consisting of section 811,
Pub. L. 88-560, VIII, 810, Sept. 2, 1964, 78 Stat. 803; Pub. L.
90-19, 21(d), (f), May 25, 1967, 81 Stat. 26; Pub. L. 90-66, Aug.
19, 1967, 81 Stat. 167, was omitted in the general reorganization of
this chapter by Pub. L. 91-152. For subject matter of former section
811, see section 802 of this title.
20 USC CHAPTER 24 -- GRANTS FOR EDUCATIONAL MATERIALS, FACILITIES AND
SERVICES, AND STRENGTHENING OF EDUCATIONAL AGENCIES
TITLE 20 -- EDUCATION
Titles I to IX of the Elementary and Secondary Education Act of 1965,
Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended, which were
classified to this chapter ( 821 et seq.), subchapter II ( 241a et seq.)
of chapter 13, and subchapter I ( 1801 et seq.) of chapter 40 of this
title, were amended generally by Pub. L. 95-561, Nov. 1, 1978, 92
Stat. 2152, known as the Education Amendments of 1978, which is
classified generally to chapter 47 ( 2701 et seq.) of this title.
Former sections of the Elementary and Secondary Education Act of 1965
which were classified to sections 821 to 900a-5 of this title were
either omitted or transferred as set forth in the following table:
20 USC SUBCHAPTER I -- SCHOOL LIBRARY RESOURCES, TEXTBOOKS, AND OTHER
INSTRUCTIONAL MATERIALS
TITLE 20 -- EDUCATION
20 USC 821 to 827. Omitted
TITLE 20 -- EDUCATION
Sections were omitted in the general revision of title II of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, Apr.
11, 1965, 79 Stat. 36, by Pub. L. 95-561, title II, 201, Nov. 1,
1978, 92 Stat. 2201.
Section 821, Pub. L. 89-10, title II, 201, Apr. 11, 1965, 79 Stat.
36; Pub. L. 89-750, title I, 121, Nov. 3, 1966, 80 Stat. 1199;
Pub. L. 90-247, title III, 301(b), Jan. 2, 1968, 81 Stat. 813; Pub.
L. 91-230, title I, 121(a), Apr. 13, 1970, 84 Stat. 130; Pub. L.
93-380, title I, 102(a), Aug. 21, 1974, 88 Stat. 501; Pub. L.
95-112, 2(b)(1), Sept. 24, 1977, 91 Stat. 911, authorized
appropriations for grants for the acquisition of books and school
library resources for fiscal years ending prior to Oct. 1, 1979. See
section 3082 of this title.
Section 822, Pub. L. 89-10, title II, 202, Apr. 11, 1965, 79 Stat.
36; Pub. L. 89-750, title I, 122, Nov. 3, 1966, 80 Stat. 1199;
Pub. L. 90-247, title I, 121, Jan. 2, 1968, 81 Stat. 788; Pub. L.
91-230, title I, 121(b), Apr. 13, 1970, 84 Stat. 130; Pub. L.
92-318, title IV, 421(b)(1)(A), June 23, 1972, 86 Stat. 341; Pub. L.
93-380, title I, 102(b), title VIII, 843(a), Aug. 21, 1974, 88 Stat.
502, 611, authorized additional appropriations for the territories and
provided for the allotment of funds to States. See section 3083 of this
title.
Section 823, Pub. L. 89-10, title II, 203, Apr. 11, 1965, 79 Stat.
37; Pub. L. 89-750, title I, 123, Nov. 3, 1966, 80 Stat. 1200;
Pub. L. 92-318, title V, 509(a)(1), June 23, 1972, 86 Stat. 353, set
out the requirements for State plans. See section 3084 of this title.
Section 824, Pub. L. 89-10, title II, 204, Apr. 11, 1965, 79 Stat.
38; Pub. L. 91-230, title I, 121(c), Apr. 13, 1970, 84 Stat. 130;
Pub. L. 94-482, title V, 501(c), Oct. 12, 1976, 90 Stat. 2236; Pub.
L. 95-112, 2(b)(2), Sept. 24, 1977, 91 Stat. 911, made provision for
payments to States. See section 3085 of this title.
Section 825, Pub. L. 89-10, title II, 205, Apr. 11, 1965, 79 Stat.
38, provided for public control of furnished materials. See section
3086 of this title.
Section 826, Pub. L. 89-10, title II, 206, Apr. 11, 1965, 79 Stat.
39, related to the administration of State plans. See section 3086 of
this title.
Section 827, Pub. L. 89-10, title II, 207, Apr. 11, 1965, 79 Stat.
39, related to judicial review of the Commissioner's final action. See
section 3086 of this title.
20 USC SUBCHAPTER II -- SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICES
TITLE 20 -- EDUCATION
20 USC 841. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title III, 301, Apr. 11, 1965, 79 Stat.
39; Pub. L. 89-750, title I, 131, Nov. 3, 1966, 80 Stat. 1201; Pub.
L. 90-247, title I, 131, Jan. 2, 1968, 81 Stat. 788; Pub. L.
91-230, title I, 131(a)(1), Apr. 13, 1970, 84 Stat. 130; Pub. L.
93-380, title I, 103(a), Aug. 21, 1974, 88 Stat. 502; Pub. L.
94-482, title V, 501(a)(2), Oct. 12, 1976, 90 Stat. 2235; Pub. L.
95-112, 2(c)(1), Sept. 24, 1977, 91 Stat. 911, which authorized
appropriations for the making of grants for supplementary educational
centers and services for fiscal years ending prior to Oct. 1, 1979, was
omitted in the general revision of title III of the Elementary and
Secondary Education Act of 1965, Pub. L. 89-10, title III, Apr. 11,
1965, 79 Stat. 39, by Pub. L. 95-561, title III, 301, Nov. 1, 1978,
92 Stat. 2210.
Pub. L. 91-230, title I, 131(c), Apr. 13, 1970, 84 Stat. 141,
provided that any appropriation for the purposes of title V of the
National Defense Education Act of 1958, section 481 et seq. of this
title, for any fiscal year ending after June 30, 1970, was to be deemed
to have been appropriated pursuant to this section.
20 USC 842 to 844a. Omitted
TITLE 20 -- EDUCATION
Sections were omitted in the general revision of title III of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title
III, Apr. 11, 1965, 79 Stat. 39, by Pub. L. 95-561, title III, 301,
Nov. 1, 1978, 92 Stat. 2210.
Section 842, Pub. L. 89-10, title III, 302, Apr. 11, 1965, 79
Stat. 40; Pub. L. 89-750, title I, 132, Nov. 3, 1966, 80 Stat.
1201; Pub. L. 90-247, title I, 131, Jan. 2, 1968, 81 Stat. 789;
Pub. L. 91-230, title I, 131(a)(1), Apr. 13, 1970, 84 Stat. 131;
Pub. L. 92-318, title IV, 421(b)(1)(B), June 23, 1972, 86 Stat. 341;
Pub. L. 93-380, title I, 103(b), title VIII, 843(a), Aug. 21, 1974,
88 Stat. 502, 611, provided for the allotment of appropriated funds for
supplementary educational centers and services.
Section 843, Pub. L. 89-10, title III, 303, Apr. 11, 1965, 79
Stat. 40; Pub. L. 89-750, title I, 152(b), Nov. 3, 1966, 80 Stat.
1203; Pub. L. 90-247, title I, 131, Jan. 2, 1968, 81 Stat. 790;
Pub. L. 91-230, title I, 131(a)(1), Apr. 13, 1970, 84 Stat. 132;
Pub. L. 92-318, title V, 509(a)(2), June 23, 1972, 86 Stat. 353,
related to the uses of Federal funds for supplementary educational
centers and services.
Section 844, Pub. L. 89-10, title III, 304, Apr. 11, 1965, 79
Stat. 41; Pub. L. 89-750, title I, 133, 134, Nov. 3, 1966, 80 Stat.
1201, 1202; Pub. L. 90-247, title I, 131, Jan. 2, 1968, 81 Stat.
791; Pub. L. 91-230, title I, 131(a)(1), Apr. 13, 1970, 84 Stat.
133, related to the content and form of applications for grant funds for
supplementary educational centers and services.
Section 844a, Pub. L. 89-10, title III, 305, as added Pub. L.
90-247, title I, 131, Jan. 2, 1968, 81 Stat. 792; amended Pub. L.
91-230, title I, 131(a)(1), Apr. 13, 1970, 84 Stat. 135; Pub. L.
93-380, title I, 103(c), title IV, 402(c)(2)(i), Aug. 21, 1974, 88
Stat. 502, 546; Pub. L. 94-273, 3(8), Apr. 21, 1976, 90 Stat. 376;
Pub. L. 95-112, 2(c)(2), Sept. 24, 1977, 91 Stat. 911, set out the
requisites for State plans for supplementary educational centers and
services.
A prior section 305 of Pub. L. 89-10 was renumbered section 307 by
section 131 of Pub. L. 90-247 and was set out as section 845 of this
title.
20 USC 844b. Repealed. Pub. L. 93-380, title IV, 402(c)(2)(ii), Aug.
21, 1974, 88 Stat. 546
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title III, 306, as added Pub. L. 90-247,
title I, 131, Jan. 2, 1968, 81 Stat. 796; amended Pub. L. 91-230,
title I, 131(a)(1), Apr. 13, 1970, 84 Stat. 139, provided for special
programs and projects.
Repeal effective July 1, 1975, see section 402(c)(2) of Pub. L.
93-380.
20 USC 845 to 848. Omitted
TITLE 20 -- EDUCATION
Section 845, Pub. L. 89-10, title III, 307, formerly 305, Apr.
11, 1965, 79 Stat. 43, renumbered and amended Pub. L. 90-247, title I,
131, Jan. 2, 1968, 81 Stat. 796; Pub. L. 91-230, title I,
131(a)(1), Apr. 13, 1970, 84 Stat. 139; Pub. L. 93-380, title I,
103(d), title IV, 402(c)(2)(iii), title VIII, 843(a)(2), Aug. 21,
1974, 88 Stat. 502, 546, 611; Pub. L. 94-482, title III, 323(a)(2),
Oct. 12, 1976, 90 Stat. 2217, which related to the payments to States
to carry out plans for supplementary educational centers and services,
was omitted in the general revision of title III of the Elementary and
Secondary Education Act of 1965, Pub. L. 89-10, title III, Apr. 11,
1965, 79 Stat. 39, by Pub. L. 95-561, title III, 301, Nov. 1, 1978,
92 Stat. 2210.
Section 846, Pub. L. 89-10, title III, 306, Apr. 11, 1965, 79
Stat. 43, required the establishment of an Advisory Committee on
Supplementary Educational Centers and Services in the Office of
Education, specified its membership and functions and provided for the
compensation of its members, and was omitted in the general
reorganization of this subchapter by Pub. L. 90-247. See section 847a
of this title.
Sections 847 and 847a were omitted in the general revision of title
III of the Elementary and Secondary Education Act of 1965, Pub. L.
89-10, title III, Apr. 11, 1965, 79 Stat. 39, by Pub. L. 95-561,
title III, 301, Nov. 1, 1978, 92 Stat. 2210.
Section 847, Pub. L. 89-10, title III, 308, formerly 307, Apr.
11, 1965, 79 Stat. 44, renumbered Pub. L. 90-247, title I, 131, Jan.
2, 1968, 81 Stat. 797; amended Pub. L. 91-230, title I, 131(a)(1),
Apr. 13, 1970, 84 Stat. 140, related to the recovery of payments to
supplementary educational centers and services.
Section 847a, Pub. L. 89-10, title III, 309, as added Pub. L.
90-247, title I, 131, Jan. 2, 1968, 81 Stat. 797; amended Pub. L.
91-230, title I, 131(a)(1), Apr. 13, 1970, 84 Stat. 140; Pub. L.
93-380, title VIII, 845(b), Aug. 21, 1974, 88 Stat. 612; Pub. L.
94-273, 3(8), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95-112, 2(c)(3),
Sept. 24, 1977, 91 Stat. 911, provided for the establishment of a
National Advisory Council on Supplementary Centers and Services.
Section 848, Pub. L. 89-10, title III, 310, formerly 308, Apr.
11, 1965, 79 Stat. 44, renumbered Pub. L. 90-247, title I, 131, Jan.
2, 1968, 81 Stat. 798, which related to labor standards for
grant-assisted construction projects, was eliminated in the general
amendment of this subchapter by section 131(a)(1) of Pub. L. 91-230.
See section 1232b of this title.
20 USC SUBCHAPTER III -- STRENGTHENING STATE AND LOCAL EDUCATIONAL
AGENCIES
TITLE 20 -- EDUCATION
20 USC Part A -- Grants to Strengthen State Departments of Education
TITLE 20 -- EDUCATION
20 USC 861 to 865. Omitted
TITLE 20 -- EDUCATION
Sections were omitted in the general revision of title V of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title V,
Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95-561, title V, 501, Nov.
1, 1978, 92 Stat. 2240.
Section 861, Pub. L. 89-10, title V, 501, Apr. 11, 1965, 79 Stat.
47; Pub. L. 89-750, title I, 151, Nov. 3, 1966, 80 Stat. 1203; Pub.
L. 90-247, title I, 141, Jan. 2, 1968, 81 Stat. 799; Pub. L. 91-230,
title I, 141, 143(a)(4)(B), Apr. 13, 1970, 84 Stat. 141, 142; Pub.
L. 93-380, title I, 104(a), Aug. 21, 1974, 88 Stat. 503; Pub. L.
95-112, 2(e)(1), Sept. 24, 1977, 91 Stat. 911, authorized
appropriations for grants to strengthen State departments of education
for fiscal years ending prior to Oct. 1, 1979. See section 3150 of
this title.
Section 862, Pub. L. 89-10, title V, 502, Apr. 11, 1965, 79 Stat.
48; Pub. L. 89-750, title I, 152(c), Nov. 3, 1966, 80 Stat. 1203;
Pub. L. 90-247, title I, 142(a), 143, 145(b)(1), (2), Jan. 2, 1968,
81 Stat. 799, 800; Pub. L. 91-230, title I, 143(a)(4)(B), Apr. 13,
1970, 84 Stat. 142; Pub. L. 93-380, title VIII, 843(a)(2), (3), Aug.
21, 1974, 88 Stat. 611, related to the apportionment of grant funds
among States. See section 3150 of this title.
Section 863, Pub. L. 89-10, title V, 503, Apr. 11, 1965, 79 Stat.
49; Pub. L. 89-750, title I, 152(a), 154, Nov. 3, 1966, 80 Stat.
1203, 1204; Pub. L. 90-247, title I, 144, 145(a), Jan. 2, 1968, 81
Stat. 799, 800; Pub. L. 91-230, title I, 142(a), 143(a)(4)(C), Apr.
13, 1970, 84 Stat. 142; Pub. L. 92-318, title V, 509(a)(3), June 23,
1972, 86 Stat. 353, related to programs and activities covered. See
section 3161 of this title.
Section 864, Pub. L. 89-10, title V, 504, Apr. 11, 1965, 79 Stat.
50; Pub. L. 89-750, title I, 152(d), Nov. 3, 1966, 80 Stat. 1203;
Pub. L. 91-230, title I, 143(a)(4)(B), Apr. 13, 1970, 84 Stat. 142,
related to the findings prerequisite to the approval of applications for
apportioned funds. See section 3162 of this title.
Section 865, Pub. L. 89-10, title V, 505, Apr. 11, 1965, 79 Stat.
51; Pub. L. 90-247, title I, 145(b)(3), 146, Jan. 2, 1968, 81 Stat.
800, related to special project grants. See section 2943 of this title.
20 USC Part B -- Local Educational Agencies
TITLE 20 -- EDUCATION
20 USC 866 to 866d. Omitted
TITLE 20 -- EDUCATION
Sections were omitted in the general revision of title V of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title V,
Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95-561, title V, 501, Nov.
1, 1978, 92 Stat. 2240.
Section 866, Pub. L. 89-10, title V, 521, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 142; amended
Pub. L. 93-380, title I, 104(b), Aug. 21, 1974, 88 Stat. 503; Pub.
L. 95-112, 2(e)(2), Sept. 24, 1977, 91 Stat. 911, authorized
appropriations for grants to local educational agencies for fiscal years
ending prior to Oct. 1, 1979. See section 3163 of this title.
A prior section 866, Pub. L. 89-10, title V, 506, Apr. 11, 1965,
79 Stat. 51, provided for payments to States: installments; advances
or reimbursement; and adjustments, was repealed by Pub. L. 91-230,
title I, 143(a)(4)(A), Apr. 13, 1970, 84 Stat. 142. See section 1232d
of this title.
Section 866a, Pub. L. 89-10, title V, 522, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 143; amended
Pub. L. 93-380, title VIII, 843(a)(2), (3), Aug. 21, 1974, 88 Stat.
611, related to the apportionment of grant funds among States.
Section 866b, Pub. L. 89-10, title V, 523, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 143, related
to grants from apportioned funds and to the programs and activities
covered. See section 3161 of this title.
Section 866c, Pub. L. 89-10, title V, 524, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 144, related
to the approval of applications by the Commissioner. See section 3162
of this title.
Section 866d, Pub. L. 89-10, title V, 525, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 144, related
to the approval of applications by State educational agencies.
20 USC Part C -- Comprehensive Educational Planning and Evaluation
TITLE 20 -- EDUCATION
20 USC 867 to 867c. Omitted
TITLE 20 -- EDUCATION
Sections were omitted in the general revision of title V of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title V,
Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95-561, title V, 501, Nov.
1, 1978, 92 Stat. 2240.
Section 867, Pub. L. 89-10, title V, 531, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 145; amended
Pub. L. 93-380, title I, 104(c), title VIII, 843(a)(2), (3), Aug.
21, 1974, 88 Stat. 503, 611; Pub. L. 95-112, 2(e)(3), Sept. 24,
1977, 91 Stat. 911, authorized the appropriation of funds for
comprehensive planning and evaluation grants for fiscal years ending
prior to Oct. 1, 1979. See section 2833 of this title.
A prior section 867, Pub. L. 89-10, title V, 507, Apr. 11, 1965,
79 Stat. 51, as amended, was renumbered 553 by Pub. L. 91-230, title
I, 143(a)(3), Apr. 13, 1970, 84 Stat. 142, and was classified to
section 869b of this title which was repealed by Pub. L. 91-648, title
IV, 403, Jan. 5, 1971, 84 Stat. 1925.
Section 867a, Pub. L. 89-10, title V, 532, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 146, related
to comprehensive planning and evaluation grants and to the establishment
and functioning of State planning and evaluation agencies. See section
2833 of this title.
Section 867b, Pub. L. 89-10, title V, 533, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 147, related
to the form and content of grant applications.
Section 867c, Pub. L. 89-10, title V, 534, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 148, related
to the required annual reports.
20 USC 868. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title V, 541, as added Pub. L. 91-230,
title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 148; amended Pub. L.
95-112, 2(e)(4), Sept. 24, 1977, 91 Stat. 912, which provided for the
establishment of a National Council on Quality in Education and State
advisory councils, was omitted in the general revision of title V of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title V,
Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95-561, title V, 501, Nov.
1, 1978, 92 Stat. 2240. See section 3171 of this title.
A prior section 868, Pub. L. 89-10, title V, 508, Apr. 11, 1965,
79 Stat. 54, which provided for administration of State plan, was
repealed by Pub. L. 91-230, title I, 143(a)(4)(A), Apr. 13, 1970, 84
Stat. 142. See section 869 of this title.
Provisions similar to those comprising subsecs. (a)(1), (2)(A), (E),
and (a)(3) of this section were contained in section 510(a), (b), (d) of
Pub. L. 89-10, title V, Apr. 11, 1965, 79 Stat. 54, which was
classified to section 870(a), (b), (d) of this title, prior to repeal of
section 870 and general amendment of title V by section 143(a)(4)(A) and
(D) of Pub. L. 91-230, respectively.
20 USC Part E -- General Provisions
TITLE 20 -- EDUCATION
20 USC 869, 869a. Omitted
TITLE 20 -- EDUCATION
Section 869, Pub. L. 89-10, title V, 551, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 150, which
related to the administration of plans, to hearings, and to the steps
following a failure to comply with the provisions related of this
subchapter, was omitted in the general revision of title V of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title V,
Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95-561, title V, 501, Nov.
1, 1978, 92 Stat. 2240. See section 3148 of this title.
A prior section 869, Pub. L. 89-10, title V, 509, Apr. 11, 1965,
79 Stat. 54, which provided for judicial review, was repealed by Pub.
L. 91-230, title I, 143(a)(4)(A), Apr. 13, 1970, 84 Stat. 142. See
section 869a of this title.
Provisions similar to those comprising this section were contained in
section 508 of Pub. L. 89-10, title V, Apr. 11, 1965, 79 Stat. 54,
which was classified to section 868 of this title, prior to repeal of
section 868 and general amendment of title V by section 143(a)(4)(A) and
(D) of Pub. L. 91-230, respectively.
Section 869a, Pub. L. 89-10, title V, 552, as added Pub. L.
91-230, title I, 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 151, which
provided for judicial review of Commissioner's decision concerning
approval of application or withholding of payments, was omitted in the
general revision of title V of the Elementary and Secondary Education
Act of 1965, Pub. L. 89-10, title V, Apr. 11, 1965, 79 Stat. 47, by
Pub. L. 95-561, title V, 501, Nov. 1, 1978, 92 Stat. 2240. See
section 2851 of this title.
Provisions similar to those comprising this section were contained in
section 509 of Pub. L. 89-10, title V, Apr. 11, 1965, 79 Stat. 54,
which was classified to section 869 of this title, prior to repeal of
section 869 and general amendment of title V by section 143(a)(4)(A) and
(D) of Pub. L. 91-230, respectively.
20 USC 869b. Repealed. Pub. L. 91-648, title IV, 403, Jan. 5, 1971,
84 Stat. 1925
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title V, 553, formerly 507, Apr. 11,
1965, 79 Stat. 51, amended Pub. L. 89-750, title I, 153, Nov. 3,
1966, 80 Stat. 1204; renumbered and amended Pub. L. 91-230, title I,
143(a)(3), Apr. 13, 1970, 84 Stat. 142, relating to interchange of
personnel of Office of Education with States, provided in subsec. (a),
definitions; subsec. (b), authorization for interchange and period of
assignment; subsec. (c), Federal personnel assigned to States,
compensation, continuation of Federal employment benefits, and
disability; subsec. (d), reimbursement by States for services of
assigned Federal personnel; subsec. (e), travel expenses of assigned
Federal personnel; subsec. (f), State personnel assigned duty with
Office of Education; subsec. (g), conflict of interest, disability of
State personnel assigned with Office of Education; subsec. (h), travel
expenses of assigned personnel; and subsec. (i), assignments of
personnel subject to regulations of Commissioner. For general subject
matter of this section, see section 3371 et seq. of Title 5, Government
Organization and Employees.
Repeal effective sixty days after Jan. 5, 1971, see section 404 of
Pub. L. 91-648, set out as an Effective Date note under section 3371 of
Title 5, Government Organization and Employees.
20 USC 870. Repealed. Pub. L. 91-230, title I, 143(a)(4)(A), title
IV, 401(h)(3), Apr. 13, 1970, 84 Stat. 142, 174
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title V, 510, Apr. 11, 1965, 79 Stat. 54,
related to the Advisory Council on State Departments of Education,
providing in: subsec. (a) for its appointment by the Secretary within
ninety days after April 11, 1965 and its functions; subsec. (b) for the
membership and their qualifications; subsec. (c) for engagement of
technical, clerical, and other assistance and access to pertinent data
of the Department; subsec. (d) for an annual report to the Secretary
and transmittal of it to the President and Congress; and (e) for
compensation ($100 per day limitation, including travel time) and travel
expenses of members of the Council. For general subject matter of
subsecs. (a) to (e), see sections 868(a)(1), (2)(A), (E); 868(a)(1);
1233d; 868(a)(3), 1233 et seq., 1233b, and 1233g; and 1233c of this
title, respectively.
20 USC SUBCHAPTER IV -- EDUCATION OF HANDICAPPED CHILDREN
TITLE 20 -- EDUCATION
20 USC 871 to 880a. Repealed. Pub. L. 91-230, title VI, 662(3), Apr.
13, 1970, 84 Stat. 188
TITLE 20 -- EDUCATION
Section 871, Pub. L. 89-10, title VI, 601, formerly 601(a), as
added Pub. L. 89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1204;
renumbered 601 and amended Pub. L. 90-247, title I, 151(4),
152(b)(2), title III, 301(c)(1), Jan. 2, 1968, 81 Stat. 800, 803,
813, authorized grants to States for education of handicapped children.
Section 872, Pub. L. 89-10, title VI, 602, formerly 601(b), as
added Pub. L. 89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1204;
renumbered 602 and amended Pub. L. 90-247, title I, 151(4),
152(b)(3), title III, 301(c)(2), Jan. 2, 1968, 81 Stat. 800, 803,
813, authorized appropriations of $50,000,000; $150,000,000;
$162,500,000; and $200,000,000 for fiscal years ending June 30, 1967,
1968, 1969, 1970, respectively.
Section 873, Pub. L. 89-10, title VI, 603, as added Pub. L.
89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1205; amended Pub. L.
90-247, title I, 152(b)(3), 153 Jan. 2, 1968, 81 Stat. 803, 804,
related to allotment of appropriated funds: additional appropriation
for outlying areas, payments to Secretaries of Interior and Defense,
allotment among States; determination of population figures by
Commissioner; reallotment.
Section 874, Pub. L. 89-10, title VI, 604, as added Pub. L.
89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1205; amended Pub. L.
90-247, title I, 151(4), Jan. 2, 1968, 81 Stat. 800, related to
submission of State plans to Commissioner and requirements of such
plans.
Section 875, Pub. L. 89-10, title VI, 605, as added Pub. L.
89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1207, provided for
payments.
Section 876, Pub. L. 89-10, tile VI, 606, as added Pub. L.
89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1207; amended Pub. L.
90-247, title I, 151(4), Jan. 2, 1968, 81 Stat. 800, related to
administration of State plans.
Section 877, Pub. L. 89-10, title VI, 607, as added Pub. L.
89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1207, provided for
judicial review: jurisdiction, record; findings, substantial evidence,
remand; review by United States Supreme Court.
Section 877a, Pub. L. 89-10, title VI, 608, as added Pub. L.
90-247, title I, 151(5), Jan. 2, 1968, 81 Stat. 801, related to
regional resource centers: authorization of appropriations of
$7,500,000; $7,750,000; and $10,000,000 for fiscal years ending June
30, 1968, 1969, and 1970, respectively; availability of appropriations
for grants and contracts, functions of centers; considerations
governing approval, of application; and manner of payment, adjustment
of overpayments and underpayments.
Section 877b, Pub. L. 89-10, title VI, 609, as added Pub. L.
90-247, title I, 151(5), Jan. 2, 1968, 81 Stat. 801, related to model
centers for deaf-blind children: Congressional declaration of purpose;
authorization of Secretary to make grants and contracts; considerations
governing making of grants or contracts; necessary services to be
provided by centers; payment of costs of research, development,
training and dissemination; definition of ''construction''; recovery
of payments; determination of children who are both deaf and blind;
manner of payment, adjustment of overpayments and underpayments; and
authorization of appropriations of $1,000,000; $3,000,000; and
$7,000,000 for fiscal years ending June 30, 1968, 1969, and 1970,
respectively.
Section 877c, Pub. L. 89-10, title VI, 610, as added Pub. L.
90-247, title I, 151(5), Jan. 2, 1968, 81 Stat. 803, authorized
grants or contracts to improve recruitment of educational personnel and
dissemination of information concerning educational opportunities for
handicapped.
Section 878, Pub. L. 89-10, title VI, 611, formerly 608, as added
Pub. L. 89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1207;
renumbered 611, Pub. L. 90-247, title I, 151(3), Jan. 2, 1968, 81
Stat. 800, provided for National Advisory Committee on Handicapped
Children: membership; functions, annual report, recommendations;
compensation, travel and per diem expenses; advisory professional and
technical personnel.
Section 879, Pub. L. 89-10, title VI, 612, formerly 609, as added
Pub. L. 89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1208;
renumbered 612, Pub. L. 90-247, title I, 151(3), Jan. 2, 1968, 81
Stat. 800, provided for a bureau for education and training of the
handicapped.
Section 880, Pub. L. 89-10, title VI, 613, formerly 610, as added
Pub. L. 89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1208;
renumbered 613, Pub. L. 90-247, title I, 151(3), Jan. 2, 1968, 81
Stat. 800, provided for labor standards requirement (prevailing wage
rates).
Section 880a, Pub. L. 89-10, title VI, 614, formerly 602, as added
Pub. L. 89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1204; 614,
renumbered Pub. L. 90-247, title I, 152(a), Jan. 2, 1968, 81 Stat.
803, defined ''handicapped children''.
Such sections 871 to 877 comprised Part A -- Assistance to States for
education of handicapped children.
Section 877a comprised Part B -- Regional resource centers for
improvement of education of handicapped children.
Section 877b comprised Part C -- Centers and services for deaf-blind
children.
Section 877c comprised Part D -- Recruitment of personnel and
information on education of handicapped.
Sections 878 to 880a comprised Part E -- General provisions.
For subject matter of former sections 871 to 880a, see following
table.
Repeal effective July 1, 1971, see section 662 of Pub. L. 91-230.
20 USC SUBCHAPTER IV-A -- BILINGUAL EDUCATION
TITLE 20 -- EDUCATION
20 USC 880b. Omitted
TITLE 20 -- EDUCATION
Section 880b, Pub. L. 89-10, title VII, 702, as added Pub. L.
93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 503, which set
out the Congressional declaration of policy with regard to bilingual
education and authorized appropriations for fiscal years through the
1978 fiscal year, was omitted in the general revision of title VII of
the Elementary and Secondary Education Act of 1965, Pub. L. 89-10,
title VII, as added Pub. L. 93-380, title I, 105(a)(1), Aug. 21,
1974, 88 Stat. 511, by Pub. L. 95-561, title VII, 701, Nov. 1, 1978,
92 Stat. 2268. See section 3222 of this title.
A prior section 880b, Pub. L. 89-10, title VII, 702, as added Pub.
L. 90-247, title VII, 702, Jan. 2, 1968, 81 Stat. 816, provided for
Congressional declaration of policy and defined ''children of limited
English-speaking ability''. Such provision remaining in effect through
June 30, 1975, to the extent not inconsistent with the amendment made by
section 105 of Pub. L. 93-380, see section 105(a)(2)(A) of Pub. L.
93-380, title I, Aug. 21, 1974, 88 Stat. 503.
Pub. L. 89-10, title VII, 701, as added by Pub. L. 90-247, title
VII, 702, Jan. 2, 1968, 81 Stat. 816, and reenacted by Pub. L.
93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 503, which
provided that this subchapter be cited as the ''Bilingual Education
Act'', was omitted in the general revision of this subchapter, title VII
of the Elementary and Secondary Education Act of 1965, as added by Pub.
L. 93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by Pub.
L. 95-561, title VII, 701, Nov. 1, 1978, 92 Stat. 2268. See
Codification note above.
20 USC 880b-1. Omitted
TITLE 20 -- EDUCATION
Section 880b-1, Pub. L. 89-10, title VII, 703, as added and amended
Pub. L. 93-380, title I, 105(a)(1), (b), Aug. 21, 1974, 88 Stat.
504, 512, which made general provisions for the bilingual education
program, was omitted in the general revision of title VII of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title
VII, as added Pub. L. 93-380, title I, 105(a)(1), Aug. 21, 1974, 88
Stat. 511, by Pub. L. 95-561, title VII, 701, Nov. 1, 1978, 92 Stat.
2268. See section 3223 of this title.
A prior section 880b-1, Pub. L. 89-10, title VII, 703, as added
Pub. L. 90-247, title VII, 702, Jan. 2, 1968, 81 Stat. 816; amended
Pub. L. 91-230, title I, 151, Apr. 13, 1970, 84 Stat. 151,
authorized appropriation of 15, 30, 40, 80, 100, and 135 million dollars
for fiscal years ending June 30, 1968 through 1973, respectively, and
for distribution of funds.
20 USC 880b-2 to 880b-5. Omitted
TITLE 20 -- EDUCATION
Sections 880b-2 to 880b-5, were to remain in effect through June 30,
1975. See section 105(a)(2)(A) of Pub. L. 93-380, Aug. 21, 1974, 88
Stat. 512.
Section 880b-2, Pub. L. 89-10, title VII, 704, as added Pub. L.
90-247, title VII, 702, Jan. 2, 1968, 81 Stat. 817, related to uses
for Federal funds.
Section 880b-3, Pub. L. 89-10, title VII, 705, as added Pub. L.
90-247, title VII, 702, Jan. 2, 1968, 81 Stat. 817 related to
applications for grants, providing in subsec.: (a) for time of and
contents of applications; (b) conditions for approval; and (c)
amendments.
Section 880b-3a, Pub. L. 89-10, title VII, 706, as added Pub. L.
91-230, title I, 152(a), Apr. 13, 1970, 84 Stat. 151; amended Pub.
L. 92-318, title IV, 452, June 23, 1972, 86 Stat. 345, provided for
children in schools on or near reservations, subsec. (a) relating to
local educational agency status of Indian institution or organization
and subsec. (b) to payments to Secretary of Interior and criteria for
such payments.
Section 880b-4, Pub. L. 89-10, title VII, 707, formerly 706, as
added Pub. L. 90-247, title VII, 702, Jan. 2, 1968, 81 Stat. 819;
renumbered 707 and amended Pub. L. 91-230, title I, 152(a), (b), Apr.
13, 1970, 84 Stat. 151, 152, related to payments to applicants.
Section 880b-5, Pub. L. 89-10, title VII, 708, formerly 707, as
added Pub. L. 90-247, title VII, 702, Jan. 2, 1968, 81 Stat. 819;
renumbered 708 and amended Pub. L. 91-230, title I, 152(a), 153,
title IV, 401(h)(3), Apr. 13, 1970, 84 Stat. 151, 152, 174; Pub. L.
93-380, title VIII, 845(c), Aug. 21, 1974, 88 Stat. 612; Pub. L.
94-482, title V, 501(a)(21), Oct. 12, 1976, 90 Stat. 2236, related to
establishment of an Advisory Committee on Education of Bilingual
Children.
20 USC 880b-6. Repealed. Pub. L. 91-230, title IV, 401(g)(5), Apr.
13, 1970, 84 Stat. 174
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title VII, 709, formerly 708, as added
Pub. L. 90-247, title VII, 702, Jan. 2, 1968, 81 Stat. 819;
renumbered 709 Pub. L. 91-230, title I, 152(a), Apr. 13, 1970, 84
Stat. 151, related to labor standards requirement (prevailing wage
rates). See section 1232b of this title.
20 USC Part A -- Financial Assistance for Bilingual Education Programs
TITLE 20 -- EDUCATION
20 USC 880b-7 to 880b-9. Omitted
TITLE 20 -- EDUCATION
Sections were omitted in the general revision of title VII of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title
VII, as added Pub. L. 93-380, title I, 105(a)(1), Aug. 21, 1974, 88
Stat. 511, by Pub. L. 95-561, title VII, 701, Nov. 1, 1978, 92 Stat.
2268.
Section 880b-7, Pub. L. 89-10, title VII, 721, as added Pub. L.
93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 506, provided for
bilingual education programs. See section 3231 of this title.
Section 880b-8, Pub. L. 89-10, title VII, 722, as added Pub. L.
93-380, Title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 507, related to
Indian children in schools. See section 3232 of this title.
Section 880b-9, Pub. L. 89-10, title VII, 723, as added Pub. L.
93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 508; amended
Pub. L. 94-273, 3(7), Apr. 21, 1976, 90 Stat. 376; S. Res. 4, Feb.
4, 1977, related to grants and contract for training. See section 3233
of this title.
20 USC Part B -- Administration
TITLE 20 -- EDUCATION
20 USC 880b-10, 880b-11. Omitted
TITLE 20 -- EDUCATION
Sections were omitted in the general revision of title VII of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title
VII, as added Pub. L. 93-380, title I, 105(a)(1), Aug. 21, 1974, 88
Stat. 511, by Pub. L. 95-561, title VII, 701, Nov. 1, 1978, 92 Stat.
2268.
Section 880b-10, Pub. L. 89-10, title VII, 731, as added Pub. L.
93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 509; amended
Pub. L. 94-273, 3(7), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94-482,
title V, 501(d)(1), Oct. 12, 1976, 90 Stat. 2237, established the
Office of Bilingual Education. See section 3241 of this title.
Section 880b-11, Pub. L. 89-10, title VII, 732, as added Pub. L.
93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 510; amended
Pub. L. 94-482, title V, 501(a)(21), (d)(2), Oct. 12, 1976, 90 Stat.
2236, 2237, provided for the establishment of the National Advisory
Council on Bilingual Education. See section 3242 of this title.
Pub. L. 93-380, title I, 105(a)(2)(B), Aug. 21, 1974, 88 Stat.
512, provided for the appointment of the National Advisory Council on
Bilingual Education, which Council was provided for by section 880b-11,
within 90 days after Aug. 21, 1974. See Codification note above.
20 USC Part C -- Supportive Services and Activities
TITLE 20 -- EDUCATION
20 USC 880b-12, 880b-13. Omitted
TITLE 20 -- EDUCATION
Sections were omitted in the general revision of title VII of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title
VII, as added Pub. L. 93-380, title I, 105(a)(1), Aug. 21, 1974, 88
Stat. 511, by Pub. L. 95-561, title VII, 701, Nov. 1, 1978, 92 Stat.
2268.
Section 880b-12, Pub. L. 89-10, title VII, 741, as added Pub. L.
93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 511, provided for
the administration of the research and demonstration projects program.
See section 3251 of this title.
Section 880b-13, Pub. L. 89-10, title VII, 742, as added Pub. L.
93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 511; amended
Pub. L. 94-482, title V, 501(d)(3), Oct. 12, 1976, 90 Stat. 2237,
related to research and demonstration projects. See section 3252 of
this title.
20 USC SUBCHAPTER V -- GENERAL PROVISIONS
TITLE 20 -- EDUCATION
20 USC 881. Transferred
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title VIII, 801, formerly title VI, 601,
Apr. 11, 1965, 79 Stat. 55, renumbered title VII, 701, Pub. L.
89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1204, renumbered title
VIII, 801, and amended Pub. L. 90-247, title I, 142(b), 152(c),
title VII, 702, 703, Jan. 2, 1968, 81 Stat. 799, 803, 816, 819;
Pub. L. 91-230, title I, 162, Apr. 13, 1970, 84 Stat. 152; Pub. L.
94-193, 1(c), Dec. 31, 1975, 89 Stat. 1102; Pub. L. 94-482, title
V, 501(l), Oct. 12, 1976, 90 Stat. 2237, which related to
definitions, was renumbered Pub. L. 89-10, title X, 1001 by Pub. L.
95-561, title VIII, 801(1), (2), Nov. 1, 1978, 92 Stat. 2284, and
transferred to section 3381 of this title.
20 USC 882. Repealed. Pub. L. 91-230, title IV, 401(h)(3), Apr. 13,
1970, 84 Stat. 174
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title VIII, 802, formerly title VI, 602,
Apr. 11, 1965, 79 Stat. 57, renumbered title VII, 702, Pub. L.
89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1204, renumbered title
VIII, 802, Pub. L. 90-247, title VII, 702, Jan. 2, 1968, 81 Stat.
816, provided for appointment of advisory council and for compensation
($100 per day limitation, including travel time) and travel expenses of
the members, and was superseded by sections 1233a(a) and 1233c of this
title.
20 USC 883 to 885. Transferred
TITLE 20 -- EDUCATION
Section 883, Pub. L. 89-10, title VIII, 803, formerly title VI,
603, Apr. 11, 1965, 79 Stat. 57; renumbered title VII, 703, and
amended Pub. L. 89-750, title I, 111(f), 161, Nov. 3, 1966, 80 Stat.
1196, 1204; renumbered title VIII, 803, Pub. L. 90-247, title VII,
702, Jan. 2, 1968, 81 Stat. 816; amended Pub. L. 91-230, title I,
163, title IV, 401(c)(2), Apr. 13, 1970, 84 Stat. 152, 173, was
comprised of subsecs. (a) to (c). Subsecs. (a) and (b) were repealed
by Pub. L. 91-230, title IV, 401(c)(2), Apr. 13, 1970, 84 Stat. 173.
Subsec. (c), which related to federal administration, was renumbered
Pub. L. 89-10, title X, 1002 by Pub. L. 95-561, title VIII, 801(1),
(2), Nov. 1, 1978, 92 Stat. 2284, and transferred to section 3382 of
this title.
Section 884, Pub. L. 89-10, title VIII, 804, as added Pub. L.
93-380, title I, 106, Aug. 21, 1974, 88 Stat. 512, which related to
limitations on refund of payments, was renumbered Pub. L. 89-10, title
X, 1003 by Pub. L. 95-561, title VIII, 801(1), (2), Nov. 1, 1978, 92
Stat. 2284, and transferred to section 3383 of this title.
A prior section 884, Pub. L. 89-10, title VIII, 804, formerly title
VI, 604, Apr. 11, 1965, 79 Stat. 57; renumbered title VII, 704, and
amended Pub. L. 89-750, title I, 161, 181, Nov. 3, 1966, 80 Stat.
1204, 1209; renumbered title VIII, 804, Pub. L. 90-247, title VII,
702, Jan. 2, 1968, 81 Stat. 816, prohibited Federal control of
education (curriculum, program of instruction, administration, personnel
of any educational institution or system, selection of library
resources, textbooks, or other printed or published instructional
material, and assignment or transportation of students or teachers in
order to overcome racial imbalance), was repealed by Pub. L. 91-230,
title IV, 401(f)(5), Apr. 13, 1970, 84 Stat. 173. See section 1232a
of this title.
Section 885, Pub. L. 89-10, title VIII, 805, formerly title VI,
605, Apr. 11, 1965, 79 Stat. 58; renumbered title VII, 705, Pub. L.
89-750, title I, 161, Nov. 3, 1966, 80 Stat. 1204; renumbered title
VIII, 805, Pub. L. 90-247, title VII, 702, Jan. 2, 1968, 81 Stat.
816, which prohibited the use of funds for religious worship or
instruction, was renumbered Pub. L. 89-10, title X, 1004 by Pub. L.
95-561, title VIII, 801(1), (2), Nov. 1, 1978, 92 Stat. 2284 and
transferred to section 3384 of this title. Section 1004 of Pub. L.
89-10, as so renumbered, was amended by Pub. L. 95-561, title IX,
901(b), Nov. 1, 1978, 92 Stat. 2305, by substituting provisions
waiving requirements for certain jurisdictions for those prohibiting use
of funds for religious worship or instruction.
20 USC 886. Repealed. Pub. L. 91-230, title IV, 401(d)(4), Apr. 13,
1970, 84 Stat. 173
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title VIII, 806, formerly title VII, 706,
as added Pub. L. 89-750, title I, 171, Nov. 3, 1966, 80 Stat. 1209;
renumbered 806 and amended Pub. L. 90-247, title I, 171, title VII,
702, Jan. 2, 1968, 81 Stat. 805, 816, provided for dissemination of
information and authorization of appropriations of $1,500,000;
$3,500,000; $3,700,000; and $4,000,000 for fiscal years ending June
30, 1967, 1968, 1969, and 1970.
Such former provisions were superseded generally by sections 1231a,
1231b, and 1231c of this title as follows:
Pub. L. 90-576, title III, 303(e), Oct. 16, 1968, 82 Stat. 1096,
which provided that this section shall become ineffective the first
fiscal year for which funds are appropriated to carry out the provisions
of section 6 of this title, was repealed by section 401(d)(3) of Pub.
L. 91-230.
20 USC 887, 887a. Omitted
TITLE 20 -- EDUCATION
Section 887, Pub. L. 89-10, title VIII, 807, formerly title VII,
707, as added and renumbered Pub. L. 90-247, title I, 172, title VII,
702, Jan. 2, 1968, 81 Stat. 806, 816; amended Pub. L. 91-230, title
I, 161, Apr. 13, 1970, 84 Stat. 152; Pub. L. 93-380, title I,
107(a), Aug. 21, 1974, 88 Stat. 512; Pub. L. 95-112, 2(f)(1), Sept.
24, 1977, 91 Stat. 912, which related to dropout prevention projects,
was omitted in the general revision of title VII of the Elementary and
Secondary Education Act of 1965, Pub. L. 89-10, title VII, as added
Pub. L. 93-380, title I, 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by
Pub. L. 95-561, title VII, 701, Nov. 1, 1978, 92 Stat. 2268.
Section 887a, Pub. L. 89-10, title VIII, 808, as added Pub. L.
91-230, title I, 164, Apr. 13, 1970, 84 Stat. 153; amended Pub. L.
93-380, title I, 108(a), Aug. 21, 1974, 88 Stat. 513; Pub. L.
95-112, 2(f)(2), Sept. 24, 1977, 91 Stat. 912, which related to
school nutrition and health services for children from low-income
families, was omitted in the general revision of title VII of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title
VII, as added Pub. L. 93-380, title I, 105(a)(1), Aug. 21, 1974, 88
Stat. 511, by Pub. L. 95-561, title VII, 701, Nov. 1, 1978, 92 Stat.
2268.
20 USC 887b. Repealed. Pub. L. 93-380, title IV, 402(c)(3), Aug. 21,
1974, 88 Stat. 546
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title VIII, 809, as added Pub. L. 91-230,
title I, 164, Apr. 13, 1970, 84 Stat. 154; amended Pub. L. 93-380,
title I, 109(a), Aug. 21, 1974, 88 Stat. 513, related to correction
education services, providing in subsecs. (a) for grants for research
and demonstration projects; (b) for appointment and functions of
advisory committees and furnishing of advice and recommendations of
Federal officials and other persons and organizations to the
Commissioner; and (c) for authorization of $500,000 for fiscal years
ending June 30, 1974, and 1975.
Section 109(b) of Pub. L. 93-380 made such authorizations effective
on and after July 1, 1974.
Repeal effective July 1, 1975, see section 402(c)(3) of Pub. L.
93-380.
20 USC 887c to 887c-2. Transferred
TITLE 20 -- EDUCATION
Section 887c, Pub. L. 89-10, title VIII, 810, as added Pub. L.
92-318, title IV, 421(a), June 23, 1972, 86 Stat. 339; amended Pub.
L. 93-380, title VI, 631(a), 632(a), Aug. 21, 1974, 88 Stat. 585,
586, which related to improvement of educational opportunities for
Indian children, was renumbered Pub. L. 89-10, title X, 1005, by Pub.
L. 95-561, title VIII, 801(1), (2), Nov. 1, 1978, 92 Stat. 2284, and
transferred to section 3385 of this title.
Section 887c-1, Pub. L. 92-318, title IV, 422, as added Pub. L.
93-380, title VI, 632(c), Aug. 21, 1974, 88 Stat. 586; amended Pub.
L. 95-561, title XI, 1141(c)(1), 1152(a), Nov. 1, 1978, 92 Stat.
2329, 2333, which related to special educational training programs for
teachers of Indian people, was transferred to section 3385a of this
title.
Section 887c-2, Pub. L. 92-318, title IV, 423, as added Pub. L.
93-380, title VI, 632(c), Aug. 21, 1974, 88 Stat. 586; amended Pub.
L. 95-561, title XI, 1141(c)(2), 1152(b), Nov. 1, 1978, 92 Stat.
2329, 2333, which related fellowships for Indian students, was
transferred to section 3385b of this title.
20 USC 887d. Repealed. Pub. L. 95-561, title III, 301(b)(1)(F), Nov.
1, 1978, 92 Stat. 2228
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title VIII, 811, as added Pub. L. 92-318,
title V, 505(a)(3), June 23, 1972, 86 Stat. 348; amended Pub. L.
93-380, title IV, 407(a), Aug. 21, 1974, 88 Stat. 553, related to
consumers' education programs. See section 2981 et seq. of this title.
Repeal effective Sept. 30, 1979, see section 301(b)(1) of Pub. L.
95-561.
Pub. L. 92-318, 505(a)(1), (2), June 23, 1972, 86 Stat. 348,
provided the findings and purpose of Congress for this section.
20 USC 887e. Transferred
TITLE 20 -- EDUCATION
Section, Pub. L. 89-10, title VIII, 812, as added Pub. L. 93-380,
title I, 110, Aug. 21, 1974, 88 Stat. 513, which provided for open
meetings of educational agencies, was renumbered Pub. L. 89-10, title
X, 1006, by Pub. L. 95-561, title VIII, 801(1), (2), Nov. 1, 1978,
92 Stat. 2284, and transferred to section 3386 of this title.
20 USC 888. Repealed. Pub. L. 91-230, title IV, 401(e)(1), Apr. 13,
1970, 84 Stat. 173
TITLE 20 -- EDUCATION
Section, Pub. L. 90-247, 2, Jan. 2, 1968, 81 Stat. 783, which was
not enacted as part of Pub. L. 89-10 which comprised this subchapter,
provided for citation of authority and uniform application of rules and
regulations. See section 1232(a) and (c) of this title.
20 USC SUBCHAPTER VI -- ETHNIC HERITAGE PROGRAM
TITLE 20 -- EDUCATION
20 USC 900 to 900a-5. Omitted
TITLE 20 -- EDUCATION
Sections were omitted in the general revision of title IX of the
Elementary and Secondary Education Act of 1965, Pub. L. 89-10, title
IX, as added Pub. L. 92-318, title V, 504(a), June 23, 1972, 86 Stat.
347, by Pub. L. 95-561, title VIII, 802, Nov. 1, 1978, 92 Stat.
2292.
Section 900, Pub. L. 89-10, title IX, 901, as added Pub. L.
92-318, title V, 504(a), June 23, 1972, 86 Stat. 346, contained the
Congressional statement of policy with regard to the ethnic heritage
program. See section 3361 of this title.
Section 900a, Pub. L. 89-10, title IX, 902, as added Pub. L.
92-318, title V, 504(a), June 23, 1972, 86 Stat. 347, authorized
grants for the ethnic heritage studies program. See section 3362 of
this title.
Section 900a-1, Pub. L. 89-10, title IX, 903, as added Pub. L.
92-318, title V, 504(a), June 23, 1972, 86 Stat. 347; amended Pub.
L. 93-380, title I, 111(b), Aug. 21, 1974, 88 Stat. 513, described
the authorized activities for the ethnic heritage program. See section
3363 of this title.
Section 900a-2, Pub. L. 89-10, title IX, 904, as added Pub. L.
92-318, title V, 504(a), June 23, 1972, 86 Stat. 347, related to the
form and content of applications for assistance. See section 3364 of
this title.
Section 900a-3, Pub. L. 89-10, title IX, 905, as added Pub. L.
92-318, title V, 504(a), June 23, 1972, 86 Stat. 347, related to the
administration of the program. See section 3365 of this title.
Section 900a-4, Pub. L. 89-10, title IX, 906, as added Pub. L.
92-318, title V, 504(a), June 23, 1972, 86 Stat. 348, established the
National Advisory Council on Ethnic Heritage Studies. See section 3366
of this title.
Section 900a-5, Pub. L. 89-10, title IX, 907, as added Pub. L.
92-318, title V, 504(a), June 23, 1972, 86 Stat. 348; amended Pub.
L. 93-380, title I, 111(a)(1), Aug. 21, 1974, 88 Stat. 513,
authorized appropriations for fiscal years through fiscal year 1978.
See section 3367 of this title.
20 USC CHAPTER 25 -- PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS
TITLE 20 -- EDUCATION
Sec.
901. Definitions.
902. Regulations of Secretary of Defense.
(a) Employment, compensation, etc. of teachers.
(b) Effective date of regulations.
903. Administration.
(a) Employment and salary practices.
(b) Determination of exempt positions and individuals; establishment
of annual salary rate.
(c) Rates of basic compensation.
(d) Issuance of regulations by Secretaries of military departments.
904. Leave.
(a) Entitlement; amount.
(b) Saturdays, Sundays, holidays, and nonwork days.
(c) Purposes for taking leave.
(d) Credit for persons holding teaching positions and for employees
transferred, promoted or reappointed.
(e) Excess of maximum amount of accumulated leave; reduction.
(f) Liquidation of unused leave upon separation.
(g) Transfer of leave credit for teachers transferred, promoted or
reappointed to positions under different leave system.
905. Quarters, quarters allowances, and storage.
(a) Entitlement.
(b) Furnishing of living quarters or grant of allowance.
(c) Recess periods.
(d) Failure to report for service; liability to United States.
(e) Employment in other positions during recess periods.
906. Entitlements in addition to basic compensation.
(a) Cost-of-living increase and additional compensation.
(b) Post differential.
907. Applicability of other laws.
title 5 section 5722; title 25
section 2011.
20 USC 901. Definitions
TITLE 20 -- EDUCATION
For the purposes of this chapter, the term --
(1) ''teaching position'' means those duties and responsibilities
which --
(A) are performed on a school-year basis principally in a school
operated by the Department of Defense in an overseas area for dependents
of members of the Armed Forces and dependents of civilian employees of
the Department of Defense, and
(B) involve --
(i) classroom or other instruction or the supervision or direction of
classroom or other instruction; or
(ii) any activity (other than teaching) which requires academic
credits in educational theory and practice equal to the academic credits
in educational theory and practice required for a bachelor's degree in
education from an accredited institution of higher education; or
(iii) any activity in or related to the field of education
notwithstanding that academic credits in educational theory and practice
are not a formal requirement for the conduct of such activity.
(2) ''teacher'' means an individual --
(A) who is a citizen of the United States,
(B) who is a civilian, and
(C) whose services are required on a school-year basis in a teaching
position.
(3) ''overseas area'' means any area situated outside the United
States.
(4) ''United States'', when used in a geographical sense, means the
several States of the United States of America, the District of
Columbia, Hawaii, the Commonwealth of Puerto Rico, the Canal Zone, and
the possessions of the United States (excluding the Trust Territory of
the Pacific Islands and Midway Islands).
(Pub. L. 86-91, 2, July 17, 1959, 73 Stat. 213.)
For definition of Canal Zone, referred to in par. (4), see section
3602(b) of Title 22, Foreign Relations and Intercourse.
Section was formerly classified to section 2351 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Section 1 of Pub. L. 86-91 provided that: ''This Act (enacting this
chapter and provisions now contained in section 5102(c)(22) of Title 5,
Government Organization and Employees) may be cited as the 'Defense
Department Overseas Teachers Pay and Personnel Practices Act'.''
20 USC 902. Regulations of Secretary of Defense
TITLE 20 -- EDUCATION
(a) Employment, compensation, etc. of teachers
Not later than the ninetieth day following July 17, 1959, the
Secretary of Defense shall prescribe and issue regulations to carry out
the purposes of this chapter. Such regulations shall govern --
(1) the establishment of teaching positions;
(2) the fixing of basic compensation for teachers and teaching
positions at rates equal to the average of the range of rates of basic
compensation for similar positions of a comparable level of duties and
responsibilities in urban school jurisdictions in the United States of
100,000 or more population;
(3) the entitlement of teachers to compensation;
(4) the payment of compensation to teachers;
(5) the appointment of teachers;
(6) the conditions of employment of teachers;
(7) the length of the school year or school years applicable to
teaching positions;
(8) the leave system for teachers;
(9) quarters, allowances, and additional compensation for teachers;
and
(10) such other matters as may be relevant and appropriate to the
purposes of this chapter.
(b) Effective date of regulations
The regulations prescribed and issued by the Secretary of Defense
under subsection (a) of this section shall become effective on such date
as the Secretary of Defense shall prescribe but not later than the
ninetieth day following the date of issuance of such regulations.
(Pub. L. 86-91, 4, July 17, 1959, 73 Stat. 214; Pub. L. 89-391,
1(a), Apr. 14, 1966, 80 Stat. 117.)
Section was formerly classified to section 2352 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1966 -- Subsec. (a)(2). Pub. L. 89-391 substituted provisions for
issuance of regulations to fix basic compensation for teachers and
teaching positions at rates equal to the average of the range of rates
of basic compensation for similar positions of a comparable level of
duties and responsibilities in urban school jurisdictions in the United
States of 100,000 or more population for former provisions fixing basic
compensation for teaching positions in relation to rates of basic
compensation for similar positions in the United States.
Section 2 of Pub. L. 89-391 provided that: ''The amendments made by
the first section of this Act (amending this section and section 903 of
this title) shall become effective on the first day of the first pay
period which begins after the date of enactment of this Act (Apr. 14,
1966).''
20 USC 903. Administration
TITLE 20 -- EDUCATION
(a) Employment and salary practices
The secretary of each military department in the Department of
Defense shall conduct the employment and salary practices applicable to
teachers and teaching positions in his military department in accordance
with this chapter, other applicable law, and the regulations prescribed
and issued by the Secretary of Defense under section 902 of this title.
(b) Determination of exempt positions and individuals; establishment
of annual salary rate
Subject to section 5103 of title 5, the secretary of each military
department --
(1) shall determine the applicability of paragraph (22) of section
5102(c) of title 5 to positions and individuals in his military
department, and
(2) shall establish the appropriate annual salary rate in accordance
with this chapter for each such position and individual to which such
paragraph (22) is determined to be applicable.
(c) Rates of basic compensation
The Secretary of each military department shall fix the basic
compensation for teachers and teaching positions in his military
department at rates equal to the average of the range of rates of basic
compensation for similar positions of a comparable level of duties and
responsibilities in urban school jurisdictions in the United States of
100,000 or more population.
(d) Issuance of regulations by Secretaries of military departments
The Secretary of each military department may prescribe and issue
such regulations as he deems appropriate to carry out his functions
under this chapter.
(Pub. L. 86-91, 5, July 17, 1959, 73 Stat. 214; Pub. L. 86-370,
6(b), Sept. 23, 1959, 73 Stat. 652; Pub. L. 89-391, 1(b), (c), Apr.
14, 1966, 80 Stat. 117; Pub. L. 96-470, title I, 104(b), Oct. 19,
1980, 94 Stat. 2238.)
In subsec. (b), ''section 5103 of title 5'' and ''paragraph (22) of
section 5102(c) of title 5'' were substituted for ''section 202 of the
Classification Act of 1949'' and ''paragraph (33) of section 202 of such
Act, added by section 3 of this Act'' respectively, on authority of Pub.
L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and Employees.
Provisions of section 1(b) and (c) of Pub. L. 89-391 for amendment
of subsec. (c) of this section and addition of other provisions as
another subsec. (c), have been executed in the Code as an amendment of
subsec. (c) of this section and addition of subsec. (e) of this
section, respectively.
Section was formerly classified to section 2353 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1980 -- Subsec. (e). Pub. L. 96-470 struck out subsec. (e) which
required the Secretary of Defense, on or before the 15th day of January
in each calendar year beginning after Apr. 14, 1966, to report to the
respective Committees on Post Office and Civil Service of the Senate and
House of Representatives information on teachers separated from teaching
positions subsequent to the close of the immediately preceding full
school year and the number of new teachers appointed to teaching
positions at the beginning of the school year current at time of the
report, including the number of such new teachers obtained through
voluntary reciprocal interchange agreements with school jurisdictions in
the United States.
1966 -- Subsec. (c). Pub. L. 89-391, 1(b), substituted provisions
for fixing the basic compensation for teachers and teaching positions at
rates equal to the average of the range of rates of basic compensation
for similar positions of a comparable level of duties and
responsibilities in urban school jurisdictions in the United States of
100,000 or more population for former provisions fixing such rates in
relation to the rates of basic compensation for similar positions in the
United States but not exceeding the highest rate of basic compensation
for similar positions of a comparable level of duties and
responsibilities under the municipal government of the District of
Columbia.
Subsec. (e). Pub. L. 89-391, 1(c), inserted provisions designated as
subsec. (c) to section 5 of Pub. L. 86-91, but codified as subsec.
(e) of this section.
1959 -- Subsec. (b). Pub. L. 86-370 substituted ''(33)'' for
''(32)'' in two places.
Amendments of this section by Pub. L. 89-391 effective on first day
of first pay period beginning after Apr. 14, 1966, see section 2 of
Pub. L. 89-391, set out as a note under section 902 of this title.
Amendment by Pub. L. 86-370 effective on first day of first pay
period which begins after Sept. 23, 1959, see section 7(b) of Pub. L.
86-370, set out as a note under section 3 of Title 35, Patents.
Subsec. (c) of this section not to apply with respect to any teacher
who was employed by the Canal Zone Government school system on September
30, 1979, and who was transferred from such position to a teaching
position which is under the Department of Defense Overseas Dependent
School System and the permanent duty station of which is in the Republic
of Panama, until the rates of basic compensation established under
subsec. (c) of this section equal or exceed the rates of basic
compensation then in effect for teachers who were so transferred, see
section 3671(c)(1) of Title 22, Foreign Relations and Intercourse.
20 USC 904. Leave
TITLE 20 -- EDUCATION
(a) Entitlement; amount
Subject to the regulations prescribed and issued by the Secretary of
Defense under section 902 of this title, each teacher (other than an
individual employed as a substitute teacher) shall be entitled to
cumulative leave, with pay, which shall accrue at the rate of one day
for each calendar month, or part thereof, of a school year, except that
if the school year includes more than eight months, any such teacher who
shall have served for the entire school year shall be entitled to ten
days of cumulative leave with pay.
(b) Saturdays, Sundays, holidays, and nonwork days
Saturdays, Sundays, regularly scheduled holidays, and other
administratively authorized nonwork days shall not be considered to be
days of leave for the purposes of subsection (a) of this section.
(c) Purposes for taking leave
Subject to the regulations prescribed and issued by the Secretary of
Defense, leave earned by any teacher under subsection (a) of this
section may be used by such teacher --
(1) for maternity purposes,
(2) in the event of the illness of such teacher,
(3) in the event of illness, contagious disease, or death in the
immediate family of such teacher, and
(4) in the event of any personal emergency.
If appropriate advance notice is given of the intended absence of a
teacher, not to exceed three days of such leave may be granted for any
purpose in each school year to such teacher.
(d) Credit for persons holding teaching positions and for employees
transferred, promoted or reappointed
Any individual --
(1) who is holding a position which is determined to be a teaching
position, or
(2) who is an employee of the Federal Government or the municipal
government of the District of Columbia who is transferred, promoted, or
reappointed, without break in service, from a position under a different
leave system to a teaching position,
shall be credited, for the purposes of the leave system provided by
this section, with the annual and sick leave to his credit immediately
prior to the effective date of such determination, transfer, promotion,
or reappointment. Sick leave so credited shall be included in the leave
provided for in subsection (a) of this section. Annual leave so
credited shall not be included in the leave provided for in such
subsection but shall be used under regulations which shall be prescribed
by the Secretary of the military department concerned.
(e) Excess of maximum amount of accumulated leave; reduction
In any case in which the amount of sick leave, which is to the credit
of any individual under a different leave system immediately prior to
the date on which he becomes subject as a teacher to the leave system
provided by this section and which is included in the leave provided for
in subsection (a) of this section, is in excess of the maximum amount of
accumulated leave allowable under subparagraph (2) of such subsection,
such excess shall remain to the credit of such teacher until used, but
the use during any leave year of an amount in excess of the aggregate
amount which shall have accrued during such year shall reduce
automatically the maximum allowable amount of accumulated leave at the
beginning of the next leave year until such amount no longer exceeds the
maximum amount allowable under subparagraph (2) of subsection (a) of
this section.
(f) Liquidation of unused leave upon separation
Any annual leave remaining, upon his separation from the service, to
the credit of an individual within the purview of this section shall be
liquidated in accordance with section 5551 of title 5, except that leave
earned or included under subsection (a) of this section shall not be
liquidated.
(g) Transfer of leave credit for teachers transferred, promoted or
reappointed to positions under different leave system
In the case of any teacher who is transferred, promoted, or
reappointed, without break in service, to a position under a different
leave system, the annual leave, and any other leave earned or credited
under this section, which is to his credit immediately prior to such
transfer, promotion, or reappointment, shall be transferred to his
credit in the employing agency on an adjusted basis in accordance with
regulations which shall be prescribed by the Director of the Office of
Personnel Management.
(Pub. L. 86-91, 6, July 17, 1959, 73 Stat. 214; 1978 Reorg. Plan
No. 2, 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L.
98-369, div. B, title II, 2204, July 18, 1984, 98 Stat. 1059.)
In subsec. (f), ''section 5551 of title 5'' substituted for ''the
Act of December 21, 1944 (5 U.S.C. 61b and the following)'' on authority
of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and Employees.
Section was formerly classified to section 2354 of Title 5 prior to
the general revision and enactment of Title 5 by Pub. L. 89-554, 1,
Sept. 6, 1966, 80 Stat. 378.
1984 -- Subsec. (a). Pub. L. 98-369 struck out provisions which had
directed that not more than seventy-five days of leave could be
accumulated to the credit of a teacher at any one time under this
subsection.
''Director of the Office of Personnel Management'' substituted for
''United States Civil Service Commission'' in subsec. (g), pursuant to
Reorg. Plan No. 2 of 1978, 102, 43 F.R. 36037, 92 Stat. 3783, set
out under section 1101 of Title 5, Government Organization and
Employees, which transferred functions vested by statute in Civil
Service Commission to Director of Office of Personnel Management (except
as otherwise specified), effective Jan. 1, 1979, as provided by section
1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out
under section 1101 of Title 5.
20 USC 905. Quarters, quarters allowances, and storage
TITLE 20 -- EDUCATION
(a) Entitlement
Under regulations which shall be prescribed by or under authority of
the President, each teacher (other than a teacher employed in a
substitute capacity) shall be entitled, in addition to basic
compensation, to quarters, quarters allowance, and storage as provided
by this section.
(b) Furnishing of living quarters or grant of allowance
Each teacher (other than a teacher employed in a substitute capacity)
shall be entitled, for each school year for which he performs services
as a teacher, to quarters or a quarters allowance equal to those
authorized by section 5912 of title 5.
(c) Recess periods
Each teacher (other than a teacher employed in a substitute capacity)
who is performing services as a teacher at the close of a school year
and agrees in writing to serve as a teacher for the next school year may
be authorized, for the recess period immediately preceding such next
school year --
(1) quarters or a quarters allowance equal to those authorized by
section 5912 of title 5, or
(2) in lieu of such quarters or quarters allowance, storage
(including packing, drayage, unpacking, and transportation to and from
storage) of his household effects and personal possessions.
(d) Failure to report for service; liability to United States
If a teacher does not report for service at the beginning of the next
school year, he shall, except for reasons beyond his control and
acceptable to the Department of Defense, be obligated to the United
States in an amount equal to any quarters allowance which he may have
received under subsection (c) of this section or in an amount equal to
the reasonable value of any quarters or storage which he may have
received under such subsection, or both, as the case may be.
(e) Employment in other positions during recess periods
Quarters, quarters allowance, and storage provided under this section
shall be in lieu of any quarters, quarters allowance, and storage to
which he otherwise might be entitled by reason of employment in another
position during any recess period between two school years.
(Pub. L. 86-91, 7, July 17, 1959, 73 Stat. 216; Pub. L. 87-172, 1,
Aug. 30, 1961, 75 Stat. 409.)
In subsecs. (b) and (c)(1), ''section 5912 of title 5'' substituted
for ''the Act of June 26, 1930 (5 U.S.C. 118a)'' on authority of Pub.
L. 89-554, 7(b), June 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and Employees.
Section was formerly classified to section 2355 of Title 5 prior to
the general revision and enactment of Title 5 by Pub. L. 89-554, 1,
Sept. 6, 1966, 80 Stat. 378.
1961 -- Subsec. (d). Pub. L. 87-172 inserted ''except for reasons
beyond his control and acceptable to the Department of Defense''.
Functions vested in President by subsec. (a) of this section
concerning authority to prescribe regulations relating to quarters and
quarters allowances delegated to Secretary of State pursuant to Ex.
Ord. No. 12228, July 24, 1980, 45 F.R. 49903, set out as a note under
section 707 of Title 38, Veterans' Benefits.
Authority of President under subsec. (a) of this section to
prescribe regulations relating to storage (including packing, drayage,
unpacking, and transportation to and from storage) of household effects
and personal possessions delegated to Administrator of General Services,
see section 1(19) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747,
set out as a note under section 301 of Title 3, The President.
Secretary of State empowered to prescribe regulations relating to
cost-of-living allowances, see section 4(a) of Ex. Ord. No. 10903, Jan.
11, 1961, 26 F.R. 217, set out as a note under section 5921 of Title 5,
Government Organization and Employees.
20 USC 906. Entitlements in addition to basic compensation
TITLE 20 -- EDUCATION
(a) Cost-of-living increase and additional compensation
Under regulations which shall be prescribed by or under authority of
the President, each teacher (other than a teacher employed in a
substitute capacity) shall be entitled, in addition to basic
compensation, to --
(1) cost-of-living allowances equal to those authorized by section
5924 of title 5, and
(2) additional compensation equal to that authorized under section
5941 of title 5.
(b) Post differential
The cost-of-living allowances and additional compensation provided
under subsection (a) of this section for any teacher shall be based on
the teaching position in which he rendered services on a school-year
basis, except that, if such teacher is employed in another position
during any recess period between two school years, such allowances and
compensation for such recess period shall be based on the position in
which he is employed during such recess period.
(Pub. L. 86-91, 8, July 17, 1959, 73 Stat. 216; Pub. L. 96-465,
title II, 2206(d), Oct. 17, 1980, 94 Stat. 2162.)
In subsec. (a)(2), ''section 5941 of title 5'' substituted for
''section 207 of the Independent Offices Appropriation Act, 1949 (5
U.S.C. 118h)'' on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966,
80 Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees.
Section was formerly classified to section 2356 of Title 5 prior to
the general revision and enactment of Title 5 by Pub. L. 89-554, 1,
Sept. 6, 1966, 80 Stat. 378.
1980 -- Subsec. (a)(1). Pub. L. 96-465 substituted reference to
section 5924 of title 5 for reference to section 1131(2) of title 22.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of Title 22, Foreign Relations
and Intercourse.
Functions vested in President by subsec. (a) of this section
concerning authority to prescribe regulations relating to cost of living
allowances delegated to Secretary of State pursuant to Ex. Ord. No.
12228, July 24, 1980, 45 F.R. 49903, set out as a note under section 707
of Title 38, Veterans' Benefits.
Functions of President under subsec. (a) of this section delegated
to Director of Bureau of the Budget, now Director of Office of
Management and Budget, see section 1(10) of Ex. Ord. No. 11230, June
28, 1965, 30 F.R. 8447, set out as a note under section 301 of Title 3,
The President.
Secretary of State empowered to prescribe regulations relating to
quarters and quarters allowance, see section 4(a) of Ex. Ord. No.
10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under section 5921
of Title 5, Government Organization and Employees.
For provisions relating to payment of additional compensation
authorized by subsec. (a)(2) of this section in accordance with the
regulations contained in Ex. Ord. No. 10000, see section 1-101 of Ex.
Ord. No. 12228, July 24, 1980, 45 F.R. 49903, set out as a note under
section 707 of Title 38, Veterans' Benefits.
20 USC 907. Applicability of other laws
TITLE 20 -- EDUCATION
In the case of any teacher who --
(1) is performing services as a teacher at the close of a school
year,
(2) agrees in writing to serve as a teacher for the next school year,
and
(3) is employed in another position in the recess period immediately
preceding such next school year, or, during such recess period, receives
quarters, allowances, or additional compensation referred to in sections
905 and 906 of this title, or both, as the case may be,
section 5533 of title 5 shall not apply to such teacher by reason of
any such employment during a recess period or any such receipt of
quarters, allowances, or additional compensation, or both, as the case
may be.
(Pub. L. 86-91, 10(b), July 17, 1959, 73 Stat. 217; Pub. L.
88-448, title IV, 401(n), Aug. 19, 1964, 78 Stat. 492.)
''Section 5533 of title 5'' substituted in text for ''section 301 of
the Dual Compensation Act'' on authority of Pub. L. 89-554, 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title
5, Government Organization and Employees.
Section was formerly classified to section 2358(b) of Title 5 period
to the general revision and enactment of Title 5 by Pub. L. 89-554,
1, Sept. 6, 1966, 80 Stat. 378.
1964 -- Subsec. (b). Pub. L. 88-448 made section 301 of the Dual
Compensation Act inapplicable and struck out provisions which referred
to former section 62 of title 5 and section 6 of the act of May 10,
1916.
20 USC CHAPTER 25A -- OVERSEAS DEFENSE DEPENDENTS' EDUCATION
TITLE 20 -- EDUCATION
Sec.
921. Defense dependents' education system.
(a) Establishment.
(b) Program purposes and activities.
(c) Consultation requirements.
(d) Optional summer school programs.
922. Office of Dependents' Education.
(a) Establishment; appointment, etc., of Director.
(b) Implementation of program functions of Secretary of Defense
through Director.
(c) Functions of Director.
(d) Establishment of regional or area offices; organizational, etc.,
report to Congress; authorized number of civilian employees.
923. Tuition-paying students.
(a) Enrollment of ineligible child in system school.
(b) Determination of amount of tuition; use of payments.
(c) Regulations respecting enrollment requirements.
(d) Enrollment of certain children in overseas schools.
924. Annual educational assessment.
(a) Contents.
(b) Availability.
925. Budget request for school construction funds for Director of
Dependents' Education.
926. School system for dependents in overseas areas.
(a) Establishment and operation.
(b) Tuition payment requirements for attendance in schools outside of
system.
(c) Continuation of enrollment for certain dependents of members of
Armed Forces involuntarily separated.
927. Allotment formula.
(a) Establishment by regulation of minimum allotment formula;
criteria.
(b) Issuance, etc., of regulations.
(c) Applicability of certain provisions.
928. School advisory committees.
(a) Establishment; functions; membership.
(b) Election of members; regulations respecting qualifications and
election procedures.
(c) Members to serve without pay.
929. Advisory Council on Dependents' Education.
(a) Establishment; membership; Director.
(b) Terms of office of members.
(c) Meetings; functions.
(d) Compensation, etc., of members.
(e) Termination.
930. Study of defense dependents' education system.
(a) Scope; conduct and report to Director by contractor.
(b) Consultation requirements respecting study specifications and
contractor selection.
(c) Reporting requirements of Director.
(d) Additional studies authorized by Director; conduct, reports,
etc.
931. Regulations; issuance and contents.
932. Definitions.
2642, 2643, 2646; title 37 sections 429, 430; title
42 section 300j-21.
20 USC 921. Defense dependents' education system
TITLE 20 -- EDUCATION
(a) Establishment
The Secretary of Defense shall establish and operate a program
(hereinafter in this chapter referred to as the ''defense dependents'
education system'') to provide a free public education through secondary
school for dependents in overseas areas.
(b) Program purposes and activities
(1) The Secretary shall ensure that individuals eligible to recieve
/1/ a free public education under subsection (a) of this section receive
an education of high quality.
(2) In establishing the defense dependents' education system under
subsection (a) of this section, the Secretary shall provide programs
designed to meet the special needs of --
(A) the handicapped,
(B) individuals in need of compensatory education,
(C) individuals with an interest in vocational education,
(D) gifted and talented individuals, and
(E) individuals of limited English-speaking ability.
(3) The Secretary shall provide a developmental preschool program to
individuals eligible to receive a free public education under subsection
(a) of this section who are of preschool age if a preschool program is
not otherwise available for such individuals and if funds for such a
program are available.
(c) Consultation requirements
The Secretary of Defense shall consult with the Secretary of
Education on the educational programs and practices of the defense
dependents' education system.
(d) Optional summer school programs
(1) The Secretary of Defense may provide optional summer school
programs in the defense dependents' education system.
(2) The Secretary shall provide in regulations for fees to be charged
for the students enrolling in a summer school program under this
subsection in amounts determined on the basis of family income.
(3) The amounts received by the Secretary in payment of the fees
shall be available to the Department of Defense for defraying the costs
of conducting summer school programs under this subsection.
(Pub. L. 95-561, title XIV, 1402, Nov. 1, 1978, 92 Stat. 2365; Pub.
L. 99-145, title XII, 1204(b)(1), Nov. 8, 1985, 99 Stat. 720; Pub. L.
102-484, div. A, title III, 382, Oct. 23, 1992, 106 Stat. 2392.)
This chapter, referred to in subsec. (a), was in the original ''this
title'', meaning title XIV of Pub. L. 95-561, Nov. 1, 1978, 92 Stat.
2365, as amended, known as the Defense Dependents' Education Act of
1978, which enacted this chapter, section 429 of Title 37, Pay and
Allowances of the Uniformed Services, and section 1769b of Title 42, The
Public Health and Welfare, amended sections 1773 and 1789 of Title 42,
and enacted provisions set out as notes under this section. For
complete classification of this title to the Code, see Short Title note
below and Tables.
1992 -- Subsec. (d). Pub. L. 102-484 added subsec. (d).
1985 -- Subsec. (c). Pub. L. 99-145 added subsec. (c).
Section 1415 of title XIV of Pub. L. 95-561 provided that:
''(a)(1) Except as provided in paragraph (2) this title (see Short
Title note below) shall take effect on July 1, 1979.
''(2) Section 1407(b) (enacting section 926(b) of this title) and the
amendments made by section 1407(c) (enacting section 429 of Title 37,
Pay and Allowances of the Uniformed Services), 1408(a) (enacting section
1769b of Title 42, The Public Health and Welfare), and 1408(b) (amending
sections 1773 and 1789 of Title 42) shall take effect on October 1,
1978.
''(b) Notwithstanding subsection (a) or any other provision of this
title no provision of this title shall be construed to impair or prevent
the taking effect of the provision of any other Act providing for the
transfer of the functions described in this title to an executive
department having responsibility for education.''
Section 1401 of title XIV of Pub. L. 95-561 provided that: ''This
title (enacting this chapter, section 429 of Title 37, Pay and
Allowances of the Uniformed Services, and section 1769b of Title 42, The
Public Health and Welfare, amending sections 1773 and 1789 of Title 42,
and enacting provisions set out as a note under this section) may be
cited as the 'Defense Dependents' Education Act of 1978'.''
/1/ So in original. Probably should be ''receive''.
20 USC 922. Office of Dependents' Education
TITLE 20 -- EDUCATION
(a) Establishment; appointment, etc., of Director
(1) There is established within the Department of Defense an office
to be known as the Office of Dependents' Education.
(2) The Office of Dependents' Education shall be headed by a Director
of Dependents' Education (hereinafter in this chapter referred to as the
''Director''), who shall be a civilian and who shall be selected by the
Secretary of Defense and shall report to the Assistant Secretary of
Defense for Manpower, Reserve Affairs, and Logistics.
(b) Implementation of program functions of Secretary of Defense
through Director
Except with respect to the authority to prescribe regulations, the
Secretary of Defense may carry out his functions under this chapter
through the Director.
(c) Functions of Director
The Director shall --
(1) establish personnel policies, consistent with the Defense
Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C.
901 et seq.), for employees in the defense dependents' education system,
(2) have authority to transfer professional employees in the defense
dependents' education system from one position to another,
(3) prepare a unified budget for each fiscal year, which shall
include necessary funds for construction and operation and maintenance
of facilities, for the defense dependents' education system for
inclusion in the Department of Defense budget for that year,
(4) have authority to establish, in accordance with section 928 of
this title, local school advisory committees,
(5) have authority to arrange for inservice and other training
programs for employees in the defense dependents' education system, and
(6) perform such other functions as may be required or delegated by
the Secretary of Defense or the Assistant Secretary of Defense for
Manpower, Reserve Affairs, and Logistics.
(d) Establishment of regional or area offices; organizational, etc.,
report to Congress; authorized number of civilian employees
(1) The Director shall establish appropriate regional or area offices
for the Office of Dependents' Education in order to provide for thorough
and efficient administration of the defense dependents' education
system.
(2) Not later than six months after November 1, 1978, the Secretary
of Defense shall submit to the Congress a report (A) describing the
organization of the Office of Dependents' Education in accordance with
paragraph (1), (B) describing the assignment of personnel to the central
office of the Office of Dependents' Education and to such regional or
area offices as are established pursuant to paragraph (1), and (C)
detailing the personnel requirements of the defense dependents'
education system. Whenever the Office of Dependents' Education is
reorganized after the submission of the report required under the
preceding sentence, the Secretary of Defense shall submit an additional
report to the Congress describing the reorganization.
(3) Subject to the approval of the Secretary of Defense, the Office
of Dependents' Education is authorized an appropriate number of civilian
employees in its central office and such regional or area office as are
established pursuant to paragraph (1).
(Pub. L. 95-561, title XIV, 1403, Nov. 1, 1978, 92 Stat. 2365.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'', probably meaning the ''Defense Dependents' Education Act of
1978'', title XIV of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2365, as
amended. See References in Text note set out under section 921 of this
title.
The Defense Department Overseas Teachers Pay and Personnel Practices
Act, referred to in subsec. (c)(1), is Pub. L. 86-91, July 17, 1959,
73 Stat. 213, as amended, which is classified generally to chapter 25 (
901 et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 901 of this title
and Tables.
20 USC 923. Tuition-paying students
TITLE 20 -- EDUCATION
(a) Enrollment of ineligible child in system school
Subject to subsection (b) of this section and in accordance with
regulations issued under subsection (c) of this section, the Director
may authorize the enrollment in a school of the defense dependents'
education system of a child not otherwise eligible to enroll in such a
school if and to the extent that there is space available for such child
in the school.
(b) Determination of amount of tuition; use of payments
(1) Except as otherwise provided under subsection (c) of this
section, any child permitted to enroll in a school of the defense
dependents' education system under this section shall be required to pay
tuition at a rate determined by the Secretary of Defense, which shall
not be less than the rate necessary to defray the average cost of the
enrollment of children in the system under this section.
(2) Amounts received under paragraph (1) shall be available to the
defense dependents' education system to assist in defraying the cost of
enrollment of children in the system under this section.
(c) Regulations respecting enrollment requirements
The Secretary of Defense may by regulation identify classes of
children who shall be eligible to enroll in schools of the defense
dependents' education system under this section if and to the extent
that there is space available, establish priorities among such classes,
waive the tuition requirement of subsection (b)(1) of this section with
respect to any such class, and issue such other regulations as may be
necessary to carry out this section.
(d) Enrollment of certain children in overseas schools
(1) The Secretary of Defense may authorize the enrollment in schools
of the defense dependents' education system of children in the following
classes:
(A) Children of officers and employees of the United States (other
than civilian officers and employees who are sponsors under section
932(2) of this title) stationed in overseas areas.
(B) Children of employees of contractors employed in carrying out
work for the United States in overseas areas.
(C) Children of other citizens or nationals of the United States or
of foreign nationals, if the Secretary determines that enrollment of
such children is in the national interest.
(2) Notwithstanding subsection (c) of this section, the Secretary may
not waive the tuition requirements of subsection (b)(1) of this section
with respect to children referred to in paragraph (1).
(Pub. L. 95-561, title XIV, 1404, Nov. 1, 1978, 92 Stat. 2366; Pub.
L. 99-145, title XII, 1205, Nov. 8, 1985, 99 Stat. 721; Pub. L.
101-189, div. A, title III, 325(b), Nov. 29, 1989, 103 Stat. 1415.)
1989 -- Subsec. (d)(1)(A). Pub. L. 101-189 substituted ''(other than
civilian officers and employees who are sponsors under section 932(2) of
this title)'' for ''(including employees of nonappropriated fund
activities of the Department of Defense)''.
1985 -- Subsec. (d). Pub. L. 99-145 added subsec. (d).
Section 325(c) of Pub. L. 101-189 provided that: ''The amendments
made by this section (amending this section and section 932 of this
title) shall apply with respect to periods of enrollment in schools of
the defense dependents' education system beginning after September 30,
1989.''
20 USC 924. Annual educational assessment
TITLE 20 -- EDUCATION
(a) Contents
The Director shall assess each year the performance of the defense
dependents' education system in providing an education of high quality
to children enrolled in the system. Such assessment may include the use
of educational assessment measures and such other means as the Director
determines to be suitable for assessing student performance.
(b) Availability
The results of each annual assessment under subsection (a) of this
section with respect to an individual enrolled in the defense
dependents' education system shall be made available to the sponsor of
such individual, and summary results of each such annual assessment
shall be made available to Members of Congress and to professional
employees in the system.
(Pub. L. 95-561, title XIV, 1405, Nov. 1, 1978, 92 Stat. 2366.)
20 USC 925. Budget request for school construction funds for Director
of Dependents' Education
TITLE 20 -- EDUCATION
The President shall include in his budget for each fiscal year a
separate request for funds for construction of school facilities by the
Director.
(Pub. L. 95-561, title XIV, 1406, Nov. 1, 1978, 92 Stat. 2367.)
20 USC 926. School system for dependents in overseas areas
TITLE 20 -- EDUCATION
(a) Establishment and operation
The Secretary of Defense shall establish and operate a school system
for dependents in overseas areas as part of the defense dependents'
education system.
(b) Tuition payment requirements for attendance in schools outside of
system
Under such circumstances as he may by regulation prescribe, the
Secretary of Defense may provide tuition to allow dependents in an
overseas area where a school operated by the Secretary is not reasonably
available to attend schools other than schools established under
subsection (a) of this section on a tuition-free basis. Any school to
which tuition is paid under this subsection to allow a dependent in an
overseas area to attend such school shall provide an educational program
satisfactory to the Secretary.
(c) Continuation of enrollment for certain dependents of members of
Armed Forces involuntarily separated
(1) A member of the Armed Forces serving on active duty on September
30, 1990, who is involuntarily separated during the five-year period
beginning on October 1, 1990, and who has a dependent described in
paragraph (2) who is enrolled in a school of the defense dependents'
education system (or a school for which tuition is provided under
subsection (b) of this section) on the date of that separation shall be
eligible to enroll or continue the enrollment of that dependent at that
school (or another school serving the same community) for the final year
of secondary education of that dependent in the same manner as if the
member were still on active duty.
(2) A dependent referred to in paragraph (1) is a dependent who on
the date of the separation of the member has completed the eleventh
grade and is likely to complete secondary education within the one-year
period beginning on that date.
(Pub. L. 95-561, title XIV, 1407, Nov. 1, 1978, 92 Stat. 2367; Pub.
L. 101-510, div. A, title V, 504(a), Nov. 5, 1990, 104 Stat. 1559.)
Section is comprised of section 1407 of Pub. L. 95-561. Subsec.
(d), formerly subsec. (c), of section 1407 enacted section 429 of Title
37, Pay and Allowances of the Uniformed Services.
1990 -- Subsec. (c). Pub. L. 101-510 added subsec. (c) and
redesignated former subsec. (c) as (d). See Codification note above.
20 USC 927. Allotment formula
TITLE 20 -- EDUCATION
(a) Establishment by regulation of minimum allotment formula;
criteria
The Director shall by regulation establish a formula for determining
the minimum allotment of funds necessary for the operation of each
school in the defense dependents' education system. In establishing
such formula, the Director shall take into consideration --
(1) the number of students served by a school and the size of the
school;
(2) special cost factors for a school, including --
(A) geographic isolation of the school,
(B) a need for special staffing, transportation, or educational
programs at the school, and
(C) unusual food and housing costs,
(3) the cost of providing academic services of a high quality as
required by section 921(b)(1) of this title; and
(4) such other factors as the Director considers appropriate.
(b) Issuance, etc., of regulations
Any regulation under subsection (a) of this section shall be issued,
and shall become effective, in accordance with the procedures applicable
to regulations required to be issued by the Secretary of Education in
accordance with section 1232 of this title.
(c) Applicability of certain provisions
(1) Children with disabilities
Notwithstanding the provisions of section 921(b)(3) of this title,
the provisions of part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.), other than the funding and reporting
provisions, shall apply to all schools operated by the Department of
Defense under this chapter, including the requirement that children with
disabilities, aged 3 to 5, inclusive, receive a free appropriate public
education by academic year 1993-1994.
(2) Infants and toddlers with disabilities
The responsibility to provide comparable early intervention services
to infants and toddlers with disabilities and their families in
accordance with individualized family service plans described in section
677 of the Individuals with Disabilities Education Act (20 U.S.C. 1477)
and to comply with the procedural safeguards set forth in part H of such
Act (20 U.S.C. 1471 et seq.) shall apply with respect to all eligible
dependents overseas.
(3) Implementation timelines
In carrying out the provisions of paragraph (2), the Secretary shall
--
(A) in academic year 1991-1992 and the 2 succeeding academic years,
plan and develop a comprehensive, coordinated, multidisciplinary program
of early intervention services for infants and toddlers with
disabilities among Department of Defense entities involved in the
provision of such services to such individuals;
(B) in academic year 1994-1995, implement the program described in
subparagraph (A), except the Secretary need only conduct
multidisciplinary assessments, develop individualized family service
plans, and make available case management services; and
(C) in academic year 1995-1996 and succeeding academic years, have in
effect the program described in subparagraph (A).
(Pub. L. 95-561, title XIV, 1409, Nov. 1, 1978, 92 Stat. 2369; Pub.
L. 96-88, title III, 301(a)(2)(A), title V, 507, Oct. 17, 1979, 93
Stat. 677, 692; Pub. L. 102-119, 24, Oct. 7, 1991, 105 Stat. 605.)
The Individuals with Disabilities Education Act, referred to in
subsec. (c)(1), (2), is title VI of Pub. L., 91-230, Apr. 13, 1970,
84 Stat. 175, as amended. Parts B and H of the Act are classified
generally to subchapters II ( 1411 et seq.) and VIII ( 1471 et seq.),
respectively, of chapter 33 of this title. For complete classification
of this Act to the Code, see section 1400 of this title and Tables.
1991 -- Subsec. (c). Pub. L. 102-119 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ''The provisions of
the Education for All Handicapped Children Act of 1975 shall apply with
respect to all schools operated by the Department of Defense under this
chapter.''
''Secretary of Education'' substituted for ''Department of Health,
Education, and Welfare'' in subsec. (b) pursuant to sections
301(a)(2)(A) and 507 of Pub. L. 96-88, which are classified to sections
3441(a)(2)(A) and 3507 of this title and which transferred all functions
of Department of Health, Education, and Welfare under section 1232 of
this title to Secretary of Education.
20 USC 928. School advisory committees
TITLE 20 -- EDUCATION
(a) Establishment; functions; membership
(1) The Director shall provide for the establishment of an advisory
committee for each school in the defense dependents' education system.
An advisory committee for a school shall advise the principal or
superintendent of the school with respect to the operation of the
school, may make recommendations with respect to curriculum and budget
matters, and, except as provided under paragraph (2), shall advise the
local military commander with respect to problems concerning dependents'
education within the jurisdiction of the commander. The membership of
each such advisory committee shall include an equal number of parents of
students enrolled in the school and of employees working at the school
and, when appropriate, may include a student enrolled in the school.
The membership of each such advisory committee shall also include one
nonvoting member designated by the organization recognized as the
exclusive bargaining representative of the employees working at the
school.
(2) In the case of any military installation or overseas area where
there is more than one school in the defense dependents' education
system, the Director shall provide for the establishment of an advisory
committee for such military installation or overseas area to advise the
local military commander with respect to problems concerning dependents'
education within the jurisdiction of the commander.
(b) Election of members; regulations respecting qualifications and
election procedures
Except in the case of a nonvoting member designated under the last
sentence of subsection (a)(1) of this section, members of a school
advisory committee established under this section shall be elected by
individuals of voting age residing in the area to be served by the
advisory committee. The Secretary of Defense shall by regulation
prescribe the qualifications for election to an advisory committee and
procedures for conducting elections of advisory committee members.
(c) Members to serve without pay
Members of school advisory committees established under this section
shall serve without pay.
(Pub. L. 95-561, title XIV, 1410, Nov. 1, 1978, 92 Stat. 2369; Pub.
L. 96-88, title V, 508(j)(1), (2), Oct. 17, 1979, 93 Stat. 693; Pub.
L. 99-145, title XII, 1204(b)(2), Nov. 8, 1985, 99 Stat. 720.)
1985 -- Subsec. (a)(1). Pub. L. 99-145, 1204(b)(2)(A), included as
member of the advisory committee the designee of the exclusive
bargaining representative of the employees.
Subsec. (b). Pub. L. 99-145, 1204(b)(2)(B), (C), substituted
''Except in the case of a nonvoting member designated under the last
sentence of subsection (a)(1) of this section, members'' for ''Members''
and ''The Secretary of Defense'' for ''The Secretary of Education, in
consultation with the Secretary of Defense,''.
1979 -- Subsec. (a)(1). Pub. L. 96-88, 508(j)(1), substituted
''parents'' for ''representatives of sponsors''.
Subsec. (b). Pub. L. 96-88, 508(j)(2), empowered the Secretary of
Education, in consultation with the Secretary of Defense, to prescribe
election qualifications and procedures in regard to advisory committees
rather than vesting such power in the Secretary of Defense exclusively.
Amendment by Pub. L. 96-88, effective May 4, 1980, with specified
exceptions, see section 601 of Pub. L. 96-88, set out as an Effective
Date note under section 3401 of this title.
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided for by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
20 USC 929. Advisory Council on Dependents' Education
TITLE 20 -- EDUCATION
(a) Establishment; membership; Director
(1) There is established in the Department of Defense an Advisory
Council on Dependents' Education (hereinafter in this section referred
to as the ''Council''). The Council shall be composed of --
(A) the Secretary of Defense and the Secretary of Education, or their
respective designees;
(B) 12 individuals appointed jointly by the Secretary of Defense and
the Secretary of Education who shall be individuals who have
demonstrated an interest in the field of primary or secondary education
and who shall include representatives of professional employee
organizations, school administrators, and parents of students enrolled
in the defense dependents' education system, and one student enrolled in
such system; and
(C) a representative of the Secretary of Defense and of the Secretary
of Education.
(2) Individuals appointed to the Council from professional employee
organizations shall be individuals designated by those organizations.
(3) The Secretary of Defense, or the Secretary's designee, and the
Secretary of Education, or the Secretary's designee, shall serve as
cochairmen of the Council.
(4) The Director shall be the Executive Secretary of the Council.
(b) Terms of office of members
The term of office of each member of the Council appointed under
subsection (a)(2) of this section shall be three years, except that --
(1) of the members first appointed under such paragraph, four shall
serve for a term of one year, four shall serve for a term of two years,
and four shall serve for a term of three years, as determined by the
Secretary of Defense and the Secretary of Education at the time of their
appointment, and
(2) any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term.
No member appointed under subsection (a)(2) of this section shall
serve more than two full terms on the Council.
(c) Meetings; functions
The Council shall meet at least two times each year. The functions
of the Council shall be to --
(1) recommend to the Director general policies for operation of the
defense dependents' education system with respect to curriculum
selection, administration, and operation of the system,
(2) provide information to the Director from other Federal agencies
concerned with primary and secondary education with respect to education
programs and practices which such agencies have found to be effective
and which should be considered for inclusion in the defense dependents'
education system,
(3) advise the Director on the design of the study and the selection
of the contractor referred to in section 930(a)(2) of this title, and
(4) perform such other tasks as may be required by the Secretary of
Defense.
(d) Compensation, etc., of members
Members of the Council who are not in the regular full-time employ of
the United States shall, while attending meetings or conferences of the
Council or otherwise engaged in the business of the Council, be entitled
to receive compensation at the daily equivalent of the rate specified at
the time of such service for grade GS-18 in section 5332 of title 5,
including traveltime, and while so serving on the business of the
Council away from their homes or regular places of business, they may be
allowed travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5 for persons employed
intermittently in the Government service.
(e) Termination
The Council shall continue in existence until terminated by law.
(Pub. L. 95-561, title XIV, 1411, Nov. 1, 1978, 92 Stat. 2370; Pub.
L. 96-88, title V, 508(j)(3)-(8), Oct. 17, 1979, 93 Stat. 693, 694;
Pub. L. 99-145, title XII, 1204(b)(3)-(5), Nov. 8, 1985, 99 Stat. 720,
721.)
1985 -- Subsec. (a). Pub. L. 99-145, 1204(b)(3)(A), amended subsec.
(a) generally. Prior to amendment subsec. (a) read as follows:
''There is established in the Department of Education an Advisory
Council on Dependents' Education (hereinafter in this section referred
to as the 'Council'). The Council shall be composed of --
''(1) the Assistant Secretary of Defense for Manpower, Reserve
Affairs, and Logistics, and the Administrator of Education for Overseas
Dependents of such department, who shall be co-chairman of the Council;
''(2) twelve individuals appointed by the Secretary of Education, who
shall be individuals who have demonstrated an interest in the fields of
primary or secondary education and who shall include representatives of
professional employee organizations, school administrators, parents of
dependents enrolled in the dependents' education system, and one student
enrolled in such system;
''(3) a representative of the Secretary of Education and of the
Secretary of Defense.
The Director shall be the Executive Secretary of the Council.''
Subsec. (b)(1). Pub. L. 99-145, 1204(b)(4), inserted reference to
Secretary of Defense.
Subsec. (c). Pub. L. 99-145, 1204(b)(5)(A), substituted ''two times
each year'' for ''four times each year'' in provisions before par. (1).
Subsec. (c)(2), (3). Pub. L. 99-145, 1204(b)(5)(B), (C),
redesignated par. (3) as (2), and struck out par. (2) which required
the Council to make recommendations to the Director and to the Secretary
of Education on the orderly transfer of the functions under this chapter
to the Secretary and Department of Education.
Subsec. (c)(4), (5). Pub. L. 99-145, 1204(b)(5)(C), (D),
redesignated par. (5) as (4), and substituted Secretary of Defense for
Secretary of Education. Former par. (4) redesignated (3).
1979 -- Subsec. (a). Pub. L. 96-88, 508(j)(3), substituted
''Department of Education'' for ''Department of Defense'' in text
preceding par. (1).
Subsec. (a)(1). Pub. L. 96-88, 508(j)(4), provided that the
Administrator of Education for Overseas Dependents of the Department of
Education was to be a member of the council and its co-chairman.
Subsec. (a)(2). Pub. L. 96-88, 508(j)(5), substituted ''Secretary of
Education'' for ''Assistant Secretary'', ''demonstrated an interest''
for ''versed by training or experience'', ''parents of dependents'' for
''sponsors of students'', and ''dependents' education system'' for
''defense dependents' education system''.
Subsec. (a)(3). Pub. L. 96-88, 508(j)(5), required membership on the
Council for representatives of the Secretaries of Education and Defense
and struck out requirements for representation of the Commissioner of
Education, Director of the National Institute of Education, Director of
the Educational Directorate of the National Science Foundation, Chairman
of the National Endowment for the Arts, Chairman of the National
Endowment for the Humanities, and the Secretaries of the military
departments.
Subsec. (b)(1). Pub. L. 96-88, 508(j)(6), substituted ''Secretary of
Education'' for ''Assistant Secretary''.
Subsec. (c)(2) to (5). Pub. L. 96-88, 508(j)(7), (8), added par.
(2), redesignated former pars. (2), (3), and (4) as (3), (4), and (5),
respectively, and in par. (5), as so redesignated, substituted
''Secretary of Education'' for ''Assistant Secretary''.
Amendment by Pub. L. 96-88 effective May 4, 1980, with specified
exceptions, see section 601 of Pub. L. 96-88, set out as an Effective
Date note under section 3401 of this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
20 USC 930. Study of defense dependents' education system
TITLE 20 -- EDUCATION
(a) Scope; conduct and report to Director by contractor
(1) As soon as practicable after November 1, 1978, the Director shall
provide for a comprehensive study of the entire defense dependents'
education system, which shall include a detailed analysis of the
education programs and the facilities of the system.
(2) The study required by this subsection shall be conducted by a
contractor selected by the Director after an open competition. After
conducting such study, the contractor shall submit a report to the
Director not later than two years after July 1, 1979, describing the
results of the study and giving its assessment of the defense
dependents' education system.
(b) Consultation requirements respecting study specifications and
contractor selection
In designing the specifications for the study to be conducted
pursuant to subsection (a)(1) of this section, and in selecting a
contractor to conduct such study under subsection (a)(2) of this
section, the Director shall consult with the Advisory Council on
Dependents' Education established under section 929 of this title.
(c) Reporting requirements of Director
The Director shall submit to the Congress not later than one year
after July 1, 1979, the report submitted to him under subsection (a)(2)
of this section describing the results of the study carried out pursuant
to subsection (a)(1) of this section, together with the recommendations,
if any, of the contractor for legislation or any increase in funding
needed to improve the defense dependents' education system.
Notwithstanding any law, rule, or regulation to the contrary, such
report shall not be submitted to any review before its transmittal to
the Congress, but the Secretary of Defense shall, at the time of the
transmittal of such report, submit to the Congress such recommendations
as he may have with respect to legislation or any increase in funding
needed to improve the defense dependents' education system.
(d) Additional studies authorized by Director; conduct, reports,
etc.
The Director may provide for additional studies of the defense
dependents' education system to be conducted in accordance with the
provisions of this section, but such studies shall not be conducted more
frequently than once a year. A report of each study shall be submitted
to the Congress in accordance with subsection (c) of this section, and
the second sentence of such subsection shall apply with respect to the
transmission of each such report.
(Pub. L. 95-561, title XIV, 1412, Nov. 1, 1978, 92 Stat. 2371; Pub.
L. 96-46, 2(a)(8), Aug. 6, 1979, 93 Stat. 340.)
1979 -- Subsec. (a)(2). Pub. L. 96-46 substituted ''two years after
July 1, 1979'' for ''one year after July 1, 1979''.
Amendment by Pub. L. 96-46 effective Oct. 1, 1978, see section 8 of
Pub. L. 96-46, set out as a note under section 240 of this title.
20 USC 931. Regulations; issuance and contents
TITLE 20 -- EDUCATION
Not later than 180 days after July 1, 1979, the Secretary of Defense
shall issue regulations to carry out this chapter. Such regulations
shall --
(1) prescribe the educational goals and objectives of the defense
dependents' education system,
(2) establish standards for the development of curricula for the
system and for the selection of instructional materials,
(3) prescribe professional standards for professional personnel
employed in the system,
(4) provide for arrangements between the Director and commanders of
military installations for necessary logistic support for schools of the
system located on military installations,
(5) provide for a recertification program for professional personnel
employed in the system, and
(6) provide for such other matters as may be necessary to ensure the
efficient organization and operation of the defense dependents'
education system.
(Pub. L. 95-561, title XIV, 1413, Nov. 1, 1978, 92 Stat. 2372.)
20 USC 932. Definitions
TITLE 20 -- EDUCATION
For purposes of this chapter:
(1) The term ''dependent'' means a minor individual --
(A) who has not completed secondary schooling, and
(B) who is the child, stepchild, adopted child, ward, or spouse of a
sponsor, or who is a resident in the household of a sponsor who stands
in loco parentis to such individual and who receives one-half or more of
his support from such sponsor.
(2) The term ''sponsor'' means a person --
(A) who is --
(i) a member of the Armed Forces serving on active duty, or
(ii) a full-time civilian officer or employee of the Department of
Defense and a citizen or national of the United States; and
(B) who is authorized to transport dependents to or from an overseas
area at Government expense and is provided an allowance for living
quarters in that area.
(3) The term ''overseas area'' means any area situated outside the
United States.
(4) The term ''United States'', when used in a geographical sense,
means the several States, the District of Columbia, the Commonwealth of
Puerto Rico, and the possessions of the United States (excluding the
Trust Territory of the Pacific Islands and Midway Island).
(5) The term ''involuntarily separated'' has the meaning given that
term in section 1141 of title 10.
(Pub. L. 95-561, title XIV, 1414, Nov. 1, 1978, 92 Stat. 2372; Pub.
L. 101-189, div. A, title III, 325(a), Nov. 29, 1989, 103 Stat. 1415;
Pub. L. 101-510, div. A, title V, 504(b), Nov. 5, 1990, 104 Stat.
1559.)
1990 -- Par. (5). Pub. L. 101-510 added par. (5).
1989 -- Par. (2). Pub. L. 101-189 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ''The term 'sponsor'
means --
''(A) a member of the Armed Forces serving on active duty, or
''(B) a civilian officer or employee of the Department of Defense
paid from appropriated funds.''
Amendment by Pub. L. 101-189 applicable with respect to periods of
enrollment in schools of the defense dependents' education system
beginning after Sept. 30, 1989, see section 325(c) of Pub. L.
101-189, set out as a note under section 923 of this title.
20 USC CHAPTER 26 -- SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS;
MUSEUM SERVICES
TITLE 20 -- EDUCATION
Sec.
951. Declaration of findings and purposes.
952. Definitions.
953. National Foundation on the Arts and the Humanities.
(a) Establishment; composition.
(b) Purpose.
(c) Prohibition against Federal supervision over policy
determination, personnel, or curriculum, or administration or operation
of any school or other non-Federal body.
954. National Endowment for the Arts.
(a) Establishment.
(b) Chairperson of the Endowment; term of office; vacancies.
(c) Program of contracts, grants-in-aid, or loans to groups and
individuals for projects and productions; traditionally
underrepresented recipients of financial assistance.
(d) Application for payment; regulations and procedures.
(e) Limitation on amount of grant to group; grants and contracts of
the National Endowment for the Arts.
(f) Eligibility for financial assistance.
(g) Grants to States for projects and productions; applications;
terms and conditions of State plans; minimum allotments; excess
appropriations; cost limitations; grants to regional groups;
non-Federal funding; definitions.
(h) Suspension of grants for defaults, noncompliance with provisions
and plans, and diversion of funds; repayment of funds.
(i) Application for financial assistance; requirements.
(j) Regulations for distribution of financial assistance in
installments; implementation.
(k) Reviews to ensure compliance with regulations.
(l) Use of financial assistance for obscene project, production,
etc.; repayment of assistance; exceptions.
(m) Labor standards of professional performers and personnel;
healthy and safe working conditions.
(n) Labor standards of laborers and mechanics.
(o) Correlation and development of endowment programs with other
Federal and non-Federal programs; expenditure of appropriations.
(p) Program of contracts or grants-in-aid to public agencies and
private nonprofit organizations; limitation on payments; authority of
Chairperson.
(q) National information and data collection system on the arts,
artists and art groups, and audiences; development and implementation
plan; state of the arts reports.
954a. Access to the arts through support of education.
(a) Purposes.
(b) Program of contracts or grants.
(c) Advisory council on arts education.
955. National Council on the Arts.
(a) Inclusion within the National Endowment for the Arts.
(b) Appointment and composition of Council.
(c) Terms of office; vacancies.
(d) Meetings of Council; quorum; written records.
(e) Compensation of members.
(f) Advisory functions; policies, programs, and procedures;
recommendations; authority of Chairperson; action by Chairperson
pursuant to delegation of authority.
955a. Omitted.
955b. National Medal of Arts.
(a) Establishment.
(b) Award of Medal; conditions; recipients; presentation
ceremonies.
(c) Availability of funds.
956. National Endowment for the Humanities.
(a) Establishment.
(b) Chairperson of the Endowment; appointment, term, reappointment;
vacancy; expiration of term.
(c) Functions of the Endowment; publications; traditionally
underrepresented recipients of financial assistance.
(d) Coordination and development of Endowment programs with other
Federal and non-Federal programs.
(e) Limitation on amount of grant for workshop activities for which
an admission or other charge is made to the general public.
(f) Grants-in-aid programs; designation of State administrative
agency; matching funds; applications and plans; allotments; cost
limitations; grants to regional groups; non-Federal funding;
definitions; suspension of grants; single entity limitation.
(g) Payment of performers and supporting personnel; standards,
regulations, and procedures.
(h) Program of contracts or grants-in-aid to public agencies and
private nonprofit organizations; limitation on payments.
(i) Interagency agreements.
(j) Payment of wages at prevailing rates; authority of Secretary of
Labor.
(k) National information and data collection system on humanities,
scholars, educational and cultural groups, and audiences; development
and implementation plan; state of the humanities reports.
(l) Eligibility of group for financial assistance.
(m) Annual awards.
956a. National Capital arts and cultural affairs; grant programs.
957. National Council on the Humanities.
(a) Establishment.
(b) Composition; basis for selection of members; representation of
interests; recommendations of national organizations.
(c) Term of office; vacancies; reappointment.
(d) Meetings; quorum.
(e) Compensation and travel expenses.
(f) Advisory functions: policies, programs, and procedures; review
of applications for financial support; recommendations prerequisite to
action of Chairperson; unilateral action by Chairperson pursuant to
delegation of authority.
957a. Omitted.
958. Federal Council on the Arts and the Humanities.
(a) Establishment.
(b) Composition; presiding officer; changes in membership to meet
changes in programs or executive branch organization.
(c) Functions.
959. Administrative provisions.
(a) General authority of Chairpersons.
(b) Rules for distribution of donations, bequests, and devises;
gifts with or without conditions; transfers for tax purposes.
(c) Advisory panels; membership; procedures.
(d) Endowment activities reports.
(e) Council activities reports.
(f) Post-award evaluation of assisted projects, productions, and
programs; reports; extension of time for compliance; failure to
satisfy purposes of assistance.
960. Authorization of appropriations.
(a) Contracts, grants-in-aid, and loans to groups, individuals,
public agencies, and private nonprofit organizations; availability of
appropriations; guidelines.
(b) Availability of appropriated unexpended funds; notice of
availability of funds by advance appropriation.
(c) Administrative appropriations.
(d) Total amount of appropriations.
(e) Prohibition of grants to production workshops using admission
proceeds for unauthorized purposes.
(f) Availability of appropriations for arts education.
961. Declaration of purpose.
962. Institute of Museum Services; establishment.
963. National Museum Service Board.
(a) Appointment of voting and nonvoting members.
(b) Term of office; vacancies; reappointment.
(c) Designation of Chairperson; quorum.
(d) Meetings of Board.
(e) Compensation and travel expenses of members.
(f) General policies.
(g) Coordination with activities of Federal Government.
963a. Omitted.
964. Director of Institute.
(a) Appointment and compensation; delegation of functions.
(b) Coordination with Federal agencies and organizations.
(c) Appointment and compensation of technical and professional
employees.
965. Grants to museums to increase and improve services.
(a) Authorized activities.
(b) Contracts and cooperative agreements.
(c) Cost limitation.
(d) Review and evaluation procedures.
966. Contributions.
967. Authorization of appropriations.
968. Definitions.
969. Assessment of certain museums.
20 USC SUBCHAPTER I -- NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
TITLE 20 -- EDUCATION
20 USC 951. Declaration of findings and purposes
TITLE 20 -- EDUCATION
The Congress finds and declares the following:
(1) The arts and the humanities belong to all the people of the
United States.
(2) The encouragement and support of national progress and
scholarship in the humanities and the arts, while primarily a matter for
private and local initiative, are also appropriate matters of concern to
the Federal Government.
(3) An advanced civilization must not limit its efforts to science
and technology alone, but must give full value and support to the other
great branches of scholarly and cultural activity in order to achieve a
better understanding of the past, a better analysis of the present, and
a better view of the future.
(4) Democracy demands wisdom and vision in its citizens. It must
therefore foster and support a form of education, and access to the arts
and the humanities, designed to make people of all backgrounds and
wherever located masters of their technology and not its unthinking
servants.
(5) It is necessary and appropriate for the Federal Government to
complement, assist, and add to programs for the advancement of the
humanities and the arts by local, State, regional, and private agencies
and their organizations. In doing so, the Government must be sensitive
to the nature of public sponsorship. Public funding of the arts and
humanities is subject to the conditions that traditionally govern the
use of public money. Such funding should contribute to public support
and confidence in the use of taxpayer funds. Public funds provided by
the Federal Government must ultimately serve public purposes the
Congress defines.
(6) The arts and the humanities reflect the high place accorded by
the American people to the nation's rich cultural heritage and to the
fostering of mutual respect for the diverse beliefs and values of all
persons and groups.
(7) The practice of art and the study of the humanities require
constant dedication and devotion. While no government can call a great
artist or scholar into existence, it is necessary and appropriate for
the Federal Government to help create and sustain not only a climate
encouraging freedom of thought, imagination, and inquiry but also the
material conditions facilitating the release of this creative talent.
(8) The world leadership which has come to the United States cannot
rest solely upon superior power, wealth, and technology, but must be
solidly founded upon worldwide respect and admiration for the Nation's
high qualities as a leader in the realm of ideas and of the spirit.
(9) Americans should receive in school, background and preparation in
the arts and humanities to enable them to recognize and appreciate the
aesthetic dimensions of our lives, the diversity of excellence that
comprises our cultural heritage, and artistic and scholarly expression.
(10) It is vital to a democracy to honor and preserve its
multicultural artistic heritage as well as support new ideas, and
therefore it is essential to provide financial assistance to its artists
and the organizations that support their work.
(11) To fulfill its educational mission, achieve an orderly
continuation of free society, and provide models of excellence to the
American people, the Federal Government must transmit the achievement
and values of civilization from the past via the present to the future,
and make widely available the greatest achievements of art.
(12) In order to implement these findings and purposes, it is
desirable to establish a National Foundation on the Arts and the
Humanities.
(Pub. L. 89-209, 2, Sept. 29, 1965, 79 Stat. 845; Pub. L. 91-346,
2, July 20, 1970, 84 Stat. 443; Pub. L. 93-133, 2(a)(1), Oct. 19,
1973, 87 Stat. 462; redesignated title I, 2, and amended Pub. L.
98-306, 2, 3, May 31, 1984, 98 Stat. 223; redesignated 2 and amended
Pub. L. 99-194, title I, 101(1), 102, Dec. 20, 1985, 99 Stat. 1332;
Pub. L. 101-512, title III, 318 (title I, 101), Nov. 5, 1990, 104
Stat. 1960, 1961.)
1990 -- Pub. L. 101-512 amended section generally, substituting
provisions relating to declaration of findings and purposes consisting
of pars. (1) to (12) for provisions relating to declaration of purpose
consisting of cls. (1) to (9).
1985 -- Cl. (2). Pub. L. 99-194, 102(1), struck out ''man's''
before ''scholarly and cultural activity''.
Cl. (3). Pub. L. 99-194, 102(2), inserted '', and access to the arts
and the humanities,'' after ''form of education'' and substituted
''people of all backgrounds and wherever located'' for ''men''.
Cls. (8), (9). Pub. L. 99-194, 102(3)-(5), added cl. (8) and
redesignated former cl. (8) as (9).
1984 -- Cls. (6) to (8). Pub. L. 98-306, 3, added cl. (6) and
redesignated former cls. (6) and (7) as (7) and (8), respectively.
1973 -- Cl. (7). Pub. L. 93-133 struck out provisions relating to
strengthening the responsibilities of the Office of Education with
respect to education in the arts and the humanities.
1970 -- Cl. (2). Pub. L. 91-346 inserted ''in order to achieve a
better understanding of the past, a better analysis of the present, and
a better view of the future''.
Section 318 (title IV, 403) of Pub. L. 101-512 provided that:
''(a) General Effective Date. -- Except as provided in subsection
(b), this Act (probably means section, see Short Title of 1990 Amendment
note below) and the amendments made by this Act shall take effect on
October 1, 1990.
''(b) Special Effective Date. -- The amendments made by sections 110,
204, and 301 (amending sections 960, 967, and 974 of this title) shall
take effect on the date of the enactment of this Act (Nov. 5, 1990) or
October 1, 1990, whichever is earlier.''
Section 2(b) of Pub. L. 93-133 provided that: ''The amendments made
by subsection (a) (amending this section and sections 952 and 954 to 960
of this title and repealing sections 962 and 963 of this title) shall be
effective on and after July 1, 1973.''
Section 318 of Pub. L. 101-512 provided that: ''This section
(enacting sections 954a and 969 of this title, amending this section,
sections 952, 954, 955, 956, 958, 959, 960, 963, 964, 965, 967, and 974
of this title, and section 5315 of Title 5, Government Organization and
Employees, and enacting notes under this section and section 954 of this
title) may be cited as the 'Arts, Humanities, and Museums Amendments of
1990'.''
Section 1 of Pub. L. 99-194 provided that: ''This Act (enacting
section 177 of title 2, The Congress, amending this section and sections
952 to 955, 956, 957, 958 to 960, 963, 964, 967, 971, 972, and 974 of
this title, enacting provisions set out as notes under sections 954 and
972 of this title, and amending provisions set out as a note under this
section) may be cited as the 'Arts, Humanities, and Museums Amendments
of 1985'.''
Section 1 of Pub. L. 98-306 provided that: ''This Act (enacting
section 955b of this title and section 310 of Title 25, Indians,
amending this section and sections 952 to 955, 956, 957, 958 to 960,
962, 963, 964, and 967 of this title, amending provisions set out as a
note under this section and repealing provisions set out as notes under
sections 960 and 967 of this title) may be cited as the 'National
Foundation on the Arts and the Humanities Act Amendments of 1983'.''
Pub. L. 96-496, 1, Dec. 4, 1980, 94 Stat. 2583, provided that:
''This Act (amending sections 952, 954, 955, 956, 957, 958 to 960, 962,
963, 964, 965, 967, 974, and 3473 of this title) may be cited as the
'Arts and Humanities Act of 1980'.''
Pub. L. 94-462, 1, Oct. 8, 1976, 90 Stat. 1971, provided: ''That
this Act (enacting sections 961 to 968 of this title, amending sections
954, 955, 956, 957, 958, 960, and 1867 of this title, and enacting
provisions set out as notes under sections 956, 960, and 961 of this
title) may be cited as the 'Arts, Humanities, and Cultural Affairs Act
of 1976'.''
Section 1 of Pub. L. 93-133 provided: ''That this Act (amending
this section and sections 351a, 952, 954, 955, 956, 957, and 958 to 960
of this title, repealing sections 962 and 963 of this title, and
enacting provisions set out as notes under this section and section 351a
of this title) may be cited as the 'National Foundation on the Arts and
the Humanities Amendments of 1973'.''
Section 1 of Pub. L. 91-346 provided: ''That this Act (amending
this section and sections 952, 954, 955, 956, 957, and 958 to 960 of
this title, repealing sections 781 to 788 and 790 of this title, and
enacting provisions set out as notes under section 955 of this title and
section 781 of this title) may be cited as 'The National Foundation on
the Arts and the Humanities Amendments of 1970'.''
Section 1 of Pub. L. 89-209, as redesignated title I, 1, and
amended by Pub. L. 98-306, 2, May 31, 1984, 98 Stat. 223;
redesignated 1 and amended by Pub. L. 99-194, title I, 101, Dec. 20,
1985, 99 Stat. 1332, provided that: ''This Act (enacting this
subchapter, amending sections 784 to 786 of this title, repealing
section 789 of this title, and enacting provisions formerly set out as a
note under section 785 of this title) may be cited as the 'National
Foundation on the Arts and the Humanities Act of 1965'.''
Section 318 (title IV, 401, 402) of Pub. L. 101-512 provided that:
''SEC. 401. SENSE OF CONGRESS.
''It is the sense of the Congress that a recipient (including a
nation, individual, group, or organization) of any form of subsidy, aid,
or other Federal assistance under the Acts amended by this Act (probably
means this section, see Short Title of 1990 Amendment note above)
should, in expending that assistance, purchase American-made equipment
and products.
''SEC. 402. NOTICE.
''Any entity that provides a form of subsidy, aid, or other Federal
assistance under the Acts amended by this Act shall provide to each
recipient of such form of subsidy, aid, or other Federal assistance a
notice describing the sense of the Congress stated under section 401.''
Pub. L. 95-272, title I, 101-109, May 3, 1978, 92 Stat. 222-224,
called for a White House Conference on the Arts to be held no later than
Dec. 31, 1979, to help develop a climate in which the arts can flourish
and to formulate recommendations relating to the appropriate growth of
the arts in all parts of the Nation, established a National Conference
Planning Council on the Arts to provide guidance and planning for the
Conference, directed the Council to submit a report of the Conference to
the President and to the Congress no later than 180 days following the
date on which the Conference was called, and provided the Council cease
to exist 180 days, unless extended by the President, but in no event to
exceed one year, after submission of the report.
Pub. L. 95-272, title II, 201-209, May 3, 1978, 92 Stat. 224-226,
called for a White House Conference on the Humanities to be held no
later than Dec. 31, 1979, to help develop a climate in which the
humanities can flourish and to formulate recommendations relating to the
appropriate growth of the humanities in all parts of the Nation,
established a National Planning Council on the Humanities to provide
guidance and planning for the Conference, directed the Council to submit
a report of the Conference to the President and to the Congress no later
than 180 days following the date on which the Conference was called, and
provided the Council cease to exist 180 days, unless extended by the
President, but in no event to exceed one year, after submission of the
report.
Ex. Ord. No. 12275, Jan. 16, 1981, 46 F.R. 5857, which established
the Design Liaison Council and provided for its membership, functions,
etc., was revoked by Ex. Ord. No. 12379, 10, Aug. 17, 1982, 47 F.R.
36099, set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organization and
Employees.
20 USC 952. Definitions
TITLE 20 -- EDUCATION
As used in this subchapter --
(a) The term ''humanities'' includes, but is not limited to, the
study and interpretation of the following: language, both modern and
classical; linguistics; literature; history; jurisprudence;
philosophy; archeology; comparative religion; ethics; the history,
criticism, and theory of the arts; those aspects of the social sciences
which have humanistic content and employ humanistic methods; and the
study and application of the humanities to the human environment with
particular attention to reflecting our diverse heritage, traditions, and
history and to the relevance of the humanities to the current conditions
of national life.
(b) The term ''the arts'' includes, but is not limited to, music
(instrumental and vocal), dance, drama, folk art, creative writing,
architecture and allied fields, painting, sculpture, photography,
graphic and craft arts, industrial design, costume and fashion design,
motion pictures, television, radio, film, video, tape and sound
recording, the arts related to the presentation, performance, execution,
and exhibition of such major art forms, all those traditional arts
practiced by the diverse peoples of this country. /1/ and the study and
application of the arts to the human environment.
(c) The term ''production'' means plays (with or without music),
ballet, dance and choral performances, concerts, recitals, operas,
exhibitions, readings, motion pictures, television, radio, film, video,
and tape and sound recordings, and any other activities involving the
execution or rendition of the arts and meeting such standards as may be
approved by the National Endowment for the Arts established by section
954 of this title.
(d) The term ''project'' means programs organized to carry out the
purposes of this subchapter, including programs to foster American
artistic creativity, to commission works of art, to create opportunities
for individuals to develop artistic talents when carried on as a part of
a program otherwise included in this definition, and to develop and
enhance the widest public knowledge and understanding of the arts, and
includes, where appropriate, rental or purchase of facilities, purchase
or rental of land, and acquisition of equipment. Such term also
includes --
(1) the renovation of facilities if (A) the amount of the expenditure
of Federal funds for such purpose in the case of any project does not
exceed $250,000, or (B) two-thirds of the members of the National
Council on the Arts or the National Council on the Humanities, as the
case may be (who are present and voting) approve of the grant or
contract involving an expenditure for such purpose; and
(2) for purposes of sections 954(p), 956(c)(10), and 956(h) of this
title only, the construction of facilities if (A) such construction is
for demonstration purposes or under unusual circumstances where there is
no other manner in which to accomplish an artistic or humanistic
purpose, and (B) two-thirds of the members of the National Council on
the Arts and the National Council on the Humanities, as the case may be,
(who are present and voting) approve of the grant or contract involving
an expenditure for such purpose.
(e) The term ''group'' includes any State or other public agency, and
any nonprofit society, institution, organization, association, museum,
or establishment in the United States, whether or not incorporated.
(f) The term ''workshop'' means an activity the primary purpose of
which is to encourage the artistic development or enjoyment of amateur,
student, or other nonprofessional participants, or to promote
scholarship and teaching among the participants.
(g) 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, the Northern Mariana Islands, and the Virgin
Islands.
(h) The term ''local arts agency'' means a community organization, or
an agency of local government, that primarily provides financial
support, services, or other programs for a variety of artists and arts
organizations, for the benefit of the community as a whole.
(i) The term ''developing arts organization'' means a local arts
organization of high artistic promise which --
(1) serves as an important source of local arts programming in a
community; and
(2) has the potential to develop artistically and institutionally to
broaden public access to the arts in rural and innercity areas and other
areas that are underserved artistically.
(j) The term ''determined to be obscene'' means determined, in a
final judgment of a court of record and of competent jurisdiction in the
United States, to be obscene.
(k) The term ''final judgment'' means a judgment that is either --
(1) not reviewed by any other court that has authority to review such
judgment; or
(2) is not reviewable by any other court.
(l) The term ''obscene'' means with respect to a project, production,
workshop, or program that --
(1) the average person, applying contemporary community standards,
would find that such project, production, workshop, or program, when
taken as a whole, appeals to the prurient interest;
(2) such project, production, workshop, or program depicts or
describes sexual conduct in a patently offensive way; and
(3) such project, production, workshop, or program, when taken as a
whole, lacks serious literary, artistic, political, or scientific value.
(Pub. L. 89-209, 3, Sept. 29, 1965, 79 Stat. 845; Pub. L. 90-348,
1, 7, June 18, 1968, 82 Stat. 184, 187; Pub. L. 91-346, 3, July 20,
1970, 84 Stat. 443; Pub. L. 93-133, 2(a)(2), Oct. 19, 1973, 87 Stat.
462; Pub. L. 96-496, title I, 101, Dec. 4, 1980, 94 Stat. 2583;
redesignated title I, 3, Pub. L. 98-306, 2, May 31, 1984, 98 Stat.
223; redesignated 3 and amended Pub. L. 99-194, title I, 101(1),
103, Dec. 20, 1985, 99 Stat. 1332; Pub. L. 101-512, title III, 318
(title I, 102), Nov. 5, 1990, 104 Stat. 1960, 1962.)
1990 -- Subsec. (b). Pub. L. 101-512, 318 (title I, 102(a)(1),
(b)(1)), inserted ''all those traditional arts practiced by the diverse
peoples of this country.'' after ''forms,'' and ''film, video,'' after
''radio,''.
Subsec. (c). Pub. L. 101-512, 318 (title I, 102(b)(2)), inserted
''film, video,'' after ''radio,''.
Subsec. (d). Pub. L. 101-512, 318 (title I, 102(b)(3)(A)), inserted
''the widest'' after ''enhance''.
Subsec. (d)(2). Pub. L. 101-512, 318 (title I, 102(b)(3)(B)), which
directed the substitution of ''sections 954(p), 956(c)(10),'' for
''sections 954(1)'', was executed by making the substitution for
''sections 954(l)'' to reflect the probable intent of Congress.
Subsecs. (h), (i). Pub. L. 101-512, 318 (title I, 102(a)(2)),
added subsecs. (h) and (i).
Subsecs. (j) to (l). Pub. L. 101-512, 318 (title I, 102(c)), added
subsecs. (j) to (l).
1985 -- Subsec. (a). Pub. L. 99-194, 103(1), substituted ''study
and interpretation of the following'' for ''study of the following'' and
inserted ''to reflecting our diverse heritage, traditions, and history
and'' after ''particular attention''.
Subsec. (d)(2). Pub. L. 99-194, 103(2), inserted ''for purposes of
sections 954(l) and 956(h) of this title only,'' before ''the
construction of facilities if'', ''or humanistic'' after ''artistic'',
and ''and the National Council on the Humanities, as the case may be,''
after ''the National Council on the Arts''.
1980 -- Subsec. (a). Pub. L. 96-496, 101(a), substituted ''and
theory of the arts'' for ''theory, and practice of the arts''.
Subsec. (d)(1)(B). Pub. L. 96-496, 101(b), inserted ''or the
National Council on the Humanities, as the case may be''.
Subsec. (g). Pub. L. 96-496, 101(c), inserted ''the Northern Mariana
Islands''.
1973 -- Subsec. (d). Pub. L. 93-133 substituted ''or purchase of
facilities'' for '', purchase, renovation, or construction of
facilities'' and added pars. (1) and (2).
1970 -- Subsec. (a). Pub. L. 91-346 extended term ''humanities'' to
include the study of comparative religion and ethics, and emphasized
that particular attention be paid to relevance of humanities to current
conditions of national life when engaging in study and application of
humanities to human environment.
1968 -- Subsec. (a). Pub. L. 90-348, 7, extended term
''humanities'' to include the study and application of enumerated fields
to human environment.
Subsec. (b). Pub. L. 90-348, 7, extended term ''arts'' to include
study and application of enumerated art forms to human environment.
Subsec. (f). Pub. L. 90-348, 1, substituted ''activity'' for
''production'' in definition of ''workshop'' and extended enumerated
purposes to include promotion of scholarship and teaching among
participants.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out as a note under section 951 of
this title.
/1/ So in original. The period probably should be a comma.
20 USC 953. National Foundation on the Arts and the Humanities
TITLE 20 -- EDUCATION
(a) Establishment; composition
There is established a National Foundation on the Arts and the
Humanities (hereinafter referred to as the ''Foundation''), which shall
be composed of a National Endowment for the Arts, a National Endowment
for the Humanities, a Federal Council on the Arts and the Humanities,
and an Institute of Museum Services.
(b) Purpose
The purpose of the Foundation shall be to develop and promote a
broadly conceived national policy of support for the humanities and the
arts in the United States, and for institutions which preserve the
cultural heritage of the United States pursuant to this subchapter.
(c) Prohibition against Federal supervision over policy
determination, personnel, or curriculum, or administration or operation
of any school or other non-Federal body
In the administration of this subchapter no department, agency,
officer, or employee of the United States shall exercise any direction,
supervision, or control over the policy determination, personnel, or
curriculum, or the administration or operation of any school or other
non-Federal agency, institution, organization, or association.
(Pub. L. 89-209, 4, Sept. 29, 1965, 79 Stat. 846; redesignated
title I, 4, and amended Pub. L. 98-306, 2, 4, May 31, 1984, 98 Stat.
223; redesignated 4 and amended Pub. L. 99-194, title I, 101(1),
104, Dec. 20, 1985, 99 Stat. 1332, 1333.)
1985 -- Subsec. (a). Pub. L. 99-194, 104, struck out a second comma
after ''a National Endowment for the Humanities'' and ''(hereinafter
established)'' after ''Institute of Museum Services''.
1984 -- Subsec. (a). Pub. L. 98-306, 4(a), substituted '', a
Federal Council'' for ''and a Federal Council'' and inserted '', and an
Institute of Museum Services''.
Subsec. (b). Pub. L. 98-306, 4(b), inserted '', and for institutions
which preserve the cultural heritage of the United States''.
20 USC 954. National Endowment for the Arts
TITLE 20 -- EDUCATION
(a) Establishment
There is established within the Foundation a National Endowment for
the Arts.
(b) Chairperson of the Endowment; term of office; vacancies
(1) The Endowment shall be headed by a chairperson, to be known as
the Chairperson of the National Endowment for the Arts, who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(2) The term of office of the Chairperson shall be four years and the
Chairperson shall be eligible for reappointment. The provisions of this
subsection shall apply to any person appointed to fill a vacancy in the
office of Chairperson. Upon expiration of the chairperson's term of
office the Chairperson shall serve until the Chairperson's successor
shall have been appointed and shall have qualified.
(c) Program of contracts, grants-in-aid, or loans to groups and
individuals for projects and productions; traditionally
underrepresented recipients of financial assistance
The Chairperson, with the advice of the National Council on the Arts,
is authorized to establish and carry out a program of contracts with, or
grants-in-aid or loans to, groups or, in appropriate cases, individuals
of exceptional talent engaged in or concerned with the arts, for the
purpose of enabling them to provide or support --
(1) projects and productions which have substantial national or
international artistic and cultural significance, giving emphasis to
American creativity and cultural diversity and to the maintenance and
encouragement of professional excellence;
(2) projects and productions, meeting professional standards or
standards of authenticity or tradition, irrespective of origin, which
are of significant merit and which, without such assistance, would
otherwise be unavailable to our citizens for geographic or economic
reasons;
(3) projects and productions that will encourage and assist artists
and enable them to achieve wider distribution of their works, to work in
residence at an educational or cultural institution, or to achieve
standards of professional excellence;
(4) projects and productions which have substantial artistic and
cultural significance and that reach, or reflect the culture of, a
minority, inner city, rural, or tribal community;
(5) projects and productions that will encourage public knowledge,
education, understanding, and appreciation of the arts;
(6) workshops that will encourage and develop the appreciation and
enjoyment of the arts by our citizens;
(7) programs for the arts at the local level;
(8) projects that enhance managerial and organizational skills and
capabilities;
(9) projects, productions, and workshops of the kinds described in
paragraphs (1) through (8) through film, radio, video, and similar
media, for the purpose of broadening public access to the arts; and
(10) other relevant projects, including surveys, research, planning,
and publications relating to the purposes of this subsection.
In the case of publications under paragraph (10) of this subsection
such publications may be supported without regard for the provisions of
section 501 of title 44 only if the Chairperson consults with the Joint
Committee on Printing of the Congress and the Chairperson submits to the
Committee on Labor and Human Resources of the Senate and the Committee
on Education and Labor of the House of Representatives a report
justifying any exemption from such section 501. Any loans made by the
Chairperson under this subsection shall be made in accordance with terms
and conditions approved by the Secretary of the Treasury. In selecting
individuals and groups of exceptional talent as recipients of financial
assistance to be provided under this subsection, the Chairperson shall
give particular regard to artists and artistic groups that have
traditionally been underrepresented.
(d) Application for payment; regulations and procedures
No payment shall be made under this section except upon application
therefor which is submitted to the National Endowment for the Arts in
accordance with regulations issued and procedures established by the
Chairperson. In establishing such regulations and procedures, the
Chairperson shall ensure that --
(1) artistic excellence and artistic merit are the criteria by which
applications are judged, taking into consideration general standards of
decency and respect for the diverse beliefs and values of the American
public; and
(2) applications are consistent with the purposes of this section.
Such regulations and procedures shall clearly indicate that obscenity is
without artistic merit, is not protected speech, and shall not be
funded. Projects, productions, workshops, and programs that are
determined to be obscene are prohibited from receiving financial
assistance under this subchapter from the National Endowment for the
Arts.
The disapproval or approval of an application by the Chairperson
shall not be construed to mean, and shall not be considered as evidence
that, the project, production, workshop, or program for which the
applicant requested financial assistance is or is not obscene.
(e) Limitation on amount of grant to group; grants and contracts of
the National Endowment for the Arts
The total amount of any grant to any group pursuant to subsection (c)
of this section shall not exceed 50 per centum of the total cost of such
project or production, except that not more than 20 per centum of the
funds allotted by the National Endowment for the Arts for the purposes
of subsection (c) of this section for any fiscal year may be available
for grants and contracts in that fiscal year without regard to such
limitation.
(f) Eligibility for financial assistance
Any group shall be eligible for financial assistance pursuant to this
section only if (1) no part of its net earnings inures to the benefit of
any private stockholder or stockholders, or individual or individuals,
and (2) donations to such group are allowable as a charitable
contribution under the standards of subsection (c) of section 170 of
title 26.
(g) Grants to States for projects and productions; applications;
terms and conditions of State plans; minimum allotments; excess
appropriations; cost limitations; grants to regional groups;
non-Federal funding; definitions
(1) The Chairperson, with the advice of the National Council on the
Arts, is authorized to establish and carry out a program of
grants-in-aid to assist the several States in supporting existing
projects and productions which meet the standards enumerated in
subsection (c) of this section, and in developing projects and
productions in the arts in such a manner as will furnish adequate
programs, facilities, and services in the arts to all the people and
communities in each of the several States.
(2) In order to receive assistance under this subsection in any
fiscal year, a State shall submit an application for such grants at such
time as shall be specified by the Chairperson and accompany such
application with a plan which the Chairperson finds --
(A) designates or provides for the establishment of a State agency
(hereinafter in this section referred to as the ''State agency'') as the
sole agency for the administration of the State plan;
(B) provides that funds paid to the State under this subsection will
be expended solely on projects and productions approved by the State
agency which carry out one or more of the objectives of subsection (c)
of this section;
(C) provides that the State agency will make such reports, in such
form and containing such information, as the Chairperson may from time
to time require, including a description of the progress made toward
achieving the goals of the State plan;
(D) provides --
(i) assurances that the State agency has held, after reasonable
notice, public meetings in the State to allow all groups of artists,
interested organizations, and the public to present views and make
recommendations regarding the State plan; and
(ii) a summary of such recommendations and the State agency's
response to such recommendations; and
(E) contains --
(i) a description of the level of participation during the most
recent preceding year for which information is available by artists,
artists' organizations, and arts organizations in projects and
productions for which financial assistance is provided under this
subsection;
(ii) for the most recent preceding year for which information is
available, a description of the extent projects and productions
receiving financial assistance from the State arts agency are available
to all people and communities in the State; and
(iii) a description of projects and productions receiving financial
assistance under this subsection that exist or are being developed to
secure wider participation of artists, artists' organizations, and arts
organizations identified under clause (i) of this subparagraph or that
address the availability of the arts to all people or communities
identified under clause (ii) of this subparagraph.
No application may be approved unless the accompanying plan satisfies
the requirements specified in this subsection.
(3) Of the sums available to carry out this subsection for any fiscal
year, each State which has a plan approved by the Chairperson shall be
allotted at least $200,000. If the sums appropriated are insufficient
to make the allotments under the preceding sentence in full, such sums
shall be allotted among such States in equal amounts. In any case where
the sums available to carry out this subsection for any fiscal year are
in excess of the amount required to make the allotments under the first
sentence of this paragraph --
(A) the amount of such excess which is no greater than 25 per centum
of the sums available to carry out this subsection for any fiscal year
shall be available only to the Chairperson for making grants under this
subsection to States and regional groups, and
(B) the amount of such excess, if any, which remains after reserving
in full for the Chairperson the amount required under clause (A) shall
be allotted among the States which have plans approved by the
Chairperson in equal amounts
but in no event shall any State be allotted less than $200,000.
(4)(A) The amount of each allotment to a State for any fiscal year
under this subsection shall be available to each State, which has a plan
approved by the Chairperson in effect on the first day of such fiscal
year, to pay not more than 50 per centum of the total cost of any
project or production described in paragraph (1). The amount of any
allotment made under paragraph (3) for any fiscal year which exceeds
$125,000 shall be available, at the discretion of the Chairperson, to
pay up to 100 per centum of such cost of projects and productions if
such projects and productions would otherwise be unavailable to the
residents of that State: Provided, That the total amount of any such
allotment for any fiscal year which is exempted from such 50 per centum
limitation shall not exceed 20 per centum of the total of such allotment
for such fiscal year.
(B) Any amount allotted to a State under the first sentence of
paragraph (3) for any fiscal year which is not obligated by the State
prior to 60 days prior to the end of the fiscal year for which such sums
are appropriated shall be available for making grants to regional
groups.
(C) Funds made available under this subsection shall not be used to
supplant non-Federal funds.
(D) For the purpose of paragraph (3) and paragraph (4) of this
section the term ''regional group'' means any multistate group, whether
or not representative of contiguous States.
(E) For purposes of paragraph (3)(B), the term ''State'' includes, in
addition to the several States of the Union, only those special
jurisdictions specified in section 952(g) of this title which have a
population of 200,000 or more, according to the latest decennial census.
(5) All amounts allotted or made available under paragraph (3) for a
fiscal year which are not granted to a State during such year shall be
available at the end of such year to the National Endowment for the Arts
for the purpose of carrying out subsection (c) of this section.
(h) Suspension of grants for defaults, noncompliance with provisions
and plans, and diversion of funds; repayment of funds
Whenever the Chairperson, after reasonable notice and opportunity for
hearing, finds that --
(1) a group is not complying substantially with the provisions of
this section;
(2) a State agency is not complying substantially with the terms and
conditions of its State plan approved under this section; or
(3) any funds granted to a group or State agency under this section
have been diverted from the purposes for which they were allotted or
paid,
the Chairperson shall immediately notify the Secretary of the
Treasury and the group or State agency with respect to which such
finding was made that no further grants will be made under this section
to such group or agency until there is no longer any default or failure
to comply or the diversion has been corrected, or, if compliance or
correction is impossible, until such group or agency repays or arranges
the repayment of the Federal funds which have been improperly diverted
or expended.
(i) Application for financial assistance; requirements
It shall be a condition of the receipt of financial assistance
provided under this section by the Chairperson or the State agency that
the applicant for such assistance include in its application --
(1) a detailed description of the proposed project, production,
workshop, or program for which the applicant requests such assistance;
(2) a timetable for the completion of such proposed project,
production, workshop, or program;
(3) an assurance that the applicant will submit --
(A) interim reports describing the applicant's --
(i) progress in carrying out such project, production, workshop, or
program; and
(ii) compliance with this subchapter and the conditions of receipt of
such assistance;
(B) if such proposed project, production, workshop, or program will
be carried out during a period exceeding 1 year, an annual report
describing the applicant's --
(i) progress in carrying out such project, production, workshop, or
program; and
(ii) compliance with this subchapter and the conditions of receipt of
such assistance; and
(C) not later than 90 days after --
(i) the end of the period for which the applicant receives such
assistance; or
(ii) the completion of such project, production, workshop, or
program;
whichever occurs earlier, a final report to the Chairperson or the
State agency (as the case may be) describing the applicant's compliance
with this subchapter and the conditions of receipt of such assistance;
and
(4) an assurance that the project, production, workshop, or program
for which assistance is requested will meet the standards of artistic
excellence and artistic merit required by this subchapter.
(j) Regulations for distribution of financial assistance in
installments; implementation
The Chairperson shall issue regulations to provide for the
distribution of financial assistance to recipients in installments
except in those cases where the Chairperson determines that installments
are not practicable. In implementing any such installments, the
Chairperson shall ensure that --
(1) not more than two-thirds of such assistance may be provided at
the time such application is approved; and
(2) the remainder of such assistance may not be provided until the
Chairperson finds that the recipient of such assistance is complying
substantially with this section and with the conditions under which such
assistance is provided to such recipient.
(k) Reviews to ensure compliance with regulations
The Inspector General of the Endowment shall conduct appropriate
reviews to ensure that recipients of financial assistance under this
section comply with the regulations under this subchapter that apply
with respect to such assistance, including regulations relating to
accounting and financial matters.
(l) Use of financial assistance for obscene project, production,
etc.; repayment of assistance; exceptions
(1) If, after reasonable notice and opportunity for a hearing on the
record, the Chairperson determines that a recipient of financial
assistance provided under this section by the Chairperson or any
non-Federal entity, used such financial assistance for a project,
production, workshop, or program that is determined to be obscene, then
the Chairperson shall require that until such recipient repays such
assistance (in such amount, and under such terms and conditions, as the
Chairperson determines to be appropriate) to the Endowment; no
subsequent financial assistance be provided under this section to such
recipient.
(2) Financial assistance repaid under this section to the Endowment
shall be deposited in the Treasury of the United States and credited as
miscellaneous receipts.
(3)(A) This subsection shall not apply with respect to financial
assistance provided before the effective date of this subsection.
(B) This subsection shall not apply with respect to a project,
production, workshop, or program after the expiration of the 7-year
period beginning on the latest date on which financial assistance is
provided under this section for such project, production, workshop, or
program.
(m) Labor standards of professional performers and personnel;
healthy and safe working conditions
It shall be a condition of the receipt of any grant under this
section that the group or individual of exceptional talent or the State
or State agency receiving such grant furnish adequate assurances to the
Secretary of Labor that (1) all professional performers and related or
supporting professional personnel (other than laborers and mechanics
with respect to whom labor standards are prescribed in subsection (n) of
this section) employed on projects or productions which are financed in
whole or in part under this section will be paid, without subsequent
deduction or rebate on any account, not less than the minimum
compensation as determined by the Secretary of Labor to be the
prevailing minimum compensation for persons employed in similar
activities; and (2) no part of any project or production which is
financed in whole or in part under this section will be performed or
engaged in under working conditions which are unsanitary or hazardous or
dangerous to the health and safety of the employees engaged in such
project or production. Compliance with the safety and sanitary laws of
the State in which the performance or part thereof is to take place
shall be prima facie evidence of compliance. The Secretary of Labor
shall have the authority to prescribe standards, regulations, and
procedures as the Secretary of Labor may deem necessary or appropriate
to carry out the provisions of this subsection.
(n) Labor standards of laborers and mechanics
It shall be a condition of the receipt of any grant under this
section that the group or individual of exceptional talent or the State
or State agency receiving such grant furnish adequate assurances to the
Secretary of Labor that all laborers and mechanics employed by
contractors or subcontractors on construction projects assisted 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 et seq.). The Secretary of Labor shall have with respect to the
labor standards specified in this subsection the authority and functions
set forth in Reorganization Plan Numbered 14 of 1950 and section 276c of
title 40.
(o) Correlation and development of endowment programs with other
Federal and non-Federal programs; expenditure of appropriations
The Chairperson shall correlate the programs of the National
Endowment for the Arts insofar as practicable, with existing Federal
programs and with those undertaken by other public agencies or private
groups, and shall develop the programs of the Endowment with due regard
to the contribution to the objectives of this subchapter which can be
made by other Federal agencies under existing programs. The Chairperson
may enter into interagency agreements to promote or assist with the
arts-related activities of other Federal agencies, on a reimbursable or
nonreimbursable basis, and may use funds authorized to be appropriated
for the purposes of subsection (c) of this section for the costs of such
activities.
(p) Program of contracts or grants-in-aid to public agencies and
private nonprofit organizations; limitation on payments; authority of
Chairperson
(1) The Chairperson of the National Endowment for the Arts, with the
advice of the National Council on the Arts, is authorized, in accordance
with the provisions of this subsection, to establish and carry out a
program of contracts with, or grants-in-aid to, public agencies and
private nonprofit organizations, on a national, State, or local level,
for the purpose of strengthening quality by --
(A) enabling cultural organizations and institutions to increase the
levels of continuing support and to increase the range of contributors
to the programs of such organizations or institutions;
(B) providing administrative and management improvements for cultural
organizations and institutions, particularly in the field of long-range
financial planning;
(C) enabling cultural organizations and institutions to increase
audience participation in, and appreciation of, programs sponsored by
such organizations and institutions;
(D) providing additional support for cooperative efforts undertaken
by State arts agencies with local arts groups and local arts agencies to
promote effective arts activity at the State and local level, including
--
(i) support of professional artists in community based residencies;
(ii) support of rural arts development;
(iii) support of and models for regional, statewide, or local
organizations to provide technical assistance to cultural organizations
and institutions;
(iv) support of and models for visual and performing arts touring;
and
(v) support of and models for professional staffing of arts
organizations and for stabilizing and broadening the financial base for
arts organizations;
(E) stimulating greater cooperation among cultural organizations and
institutions especially designed to serve better the communities in
which such organizations or institutions are located;
(F) fostering greater citizen involvement in planning the cultural
development of a community; and
(G) stimulating artistic activity and awareness which are in keeping
with the varied cultural traditions of this Nation.
(2)(A) The Chairperson of the National Endowment for the Arts, with
the advice of the National Council on the Arts, is authorized in
accordance with this subsection, to establish and carry out a program of
contracts with, or grants to, States for the purposes of --
(i) raising the artistic capabilities of developing arts
organizations by providing for --
(I) artistic and programmatic development to enhance artistic
capabilities, including staff development; and
(II) technical assistance to improve managerial and organizational
skills, financial systems management, and long-range fiscal planning;
and
(ii) stimulating artistic activity and awareness and broadening
public access to the arts in rural and innercity areas and other areas
that are underserved artistically.
(B) For purposes of providing financial assistance under this
paragraph, the Chairperson shall give priority to the activities
described in subparagraph (A)(i).
(C) The Chairperson may not provide financial assistance under this
paragraph to a particular applicant in more than 3 fiscal years for the
purpose specified in subparagraph (A)(i).
(3) The total amount of any payment made under this subsection for a
program or project may not exceed 50 per centum of the cost of such
program or project.
(4) In carrying out the program authorized by this subsection, the
Chairperson of the National Endowment for the Arts shall have the same
authority as is established in subsection (c) of this section and
section 959 of this title.
(q) National information and data collection system on the arts,
artists and art groups, and audiences; development and implementation
plan; state of the arts reports
The Chairperson of the National Endowment for the Arts shall, in
ongoing consultation with State and local agencies, relevant
organizations, and relevant Federal agencies, continue to develop and
implement a practical system of national information and data collection
and public dissemination on the arts, artists and arts groups, and their
audiences. Such system shall include artistic and financial trends in
the various artistic fields, trends in audience participation, and
trends in arts education on national, regional, and State levels. Such
system shall also include information regarding the availability of the
arts to various audience segments, including rural communities. Such
system shall be used, along with a summary of the data submitted with
State plans under subsection (g) of this section, to prepare a periodic
report on the state of the arts in the Nation. The state of the arts
report shall include a description of the availability of the
Endowment's programs to emerging, rural, and culturally diverse artists,
arts organizations, and communities and of the participation by such
artists, organizations, and communities in such programs. The state of
the arts report shall be submitted to the President and the Congress,
and provided to the States, not later than October 1, 1992, and
quadrennially thereafter.
(Pub. L. 89-209, 5, Sept. 29, 1965, 79 Stat. 846; Pub. L. 90-83,
10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90-348, 2, 3, June 18,
1968, 82 Stat. 185; Pub. L. 91-346, 4, 5(a)(1), (2), 6, 7, July 20,
1970, 84 Stat. 443, 445; Pub. L. 93-133, 2(a)(3), (4), Oct. 19, 1973,
87 Stat. 462; Pub. L. 94-462, title I, 101, 102, title III, 301(a),
title IV, 401(a), Oct. 8, 1976, 90 Stat. 1971, 1978, 1980; Pub. L.
96-496, title I, 102, 109(a), (b), Dec. 4, 1980, 94 Stat. 2583, 2591;
redesignated title I, 5, Pub. L. 98-306, 2, May 31, 1984, 98 Stat.
223; redesignated 5 and amended Pub. L. 99-194, title I, 101(1),
105, Dec. 20, 1985, 99 Stat. 1332, 1333; Pub. L. 101-512, title III,
318 (title I, 103(a)-(i)(1), 104), Nov. 5, 1990, 104 Stat. 1960,
1963-1966.)
The effective date of this subsection, referred to in subsec.
(l)(3)(A), is October 1, 1990, see section 318 (title IV, 403(a)) of
Pub. L. 101-512, set out as an Effective Date of 1990 Amendment note
under section 951 of this title.
The Davis-Bacon Act, as amended, referred to in subsec. (n), is act
Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified
generally to section 276a to 276a-5 of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 276a of Title 40 and
Tables.
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (n),
is set out in the Appendix to Title 5, Government Organization and
Employees.
1990 -- Subsec. (c). Pub. L. 101-512, 318 (title I, 103(a)(7)),
substituted ''paragraph (10)'' for ''clause (8)'' in concluding
provisions.
Subsec. (c)(1). Pub. L. 101-512, 318 (title I, 103(a)(1)), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
''projects and productions which have substantial artistic and cultural
significance, giving emphasis to American creativity and cultural
diversity and the maintenance and encouragement of professional
excellence;''.
Subsec. (c)(2). Pub. L. 101-512, 318 (title I, 103(a)(2)), inserted
''or tradition'' after ''authenticity''.
Subsec. (c)(5). Pub. L. 101-512, 318 (title I, 103(a)(3)), inserted
''education,'' after ''knowledge,''.
Subsec. (c)(8) to (10). Pub. L. 101-512, 318 (title I,
103(a)(4)-(6)), added pars. (8) and (9) and redesignated former par.
(8) as (10).
Subsec. (d). Pub. L. 101-512, 318 (title I, 103(b)), amended
subsec. (d) generally. Prior to amendment, subsec. (d) read as
follows: ''No payment may be made to any group under this section
except upon application therefor which is submitted to the National
Endowment for the Arts in accordance with regulations and procedures
established by the Chairperson.''
Subsec. (f). Pub. L. 101-512, 318 (title I, 103(c)), substituted
''Internal Revenue Code of 1986'' for ''Internal Revenue Code of 1954'',
which for purposes of codification was translated as ''title 26'' thus
requiring no change in text.
Subsec. (g)(2)(E)(i), (ii). Pub. L. 101-512, 318 (title I,
103(d)), added cls. (i) and (ii) and struck out former cls. (i) and
(ii) which read as follows:
''(i) a description of the level of participation during the previous
2 years by artists, artists' organizations, and arts organizations in
projects and productions for which financial assistance is provided
under this subsection;
''(ii) a description of the extent to which projects and productions
receiving financial assistance under this subsection are available to
all people and communities in the State; and''.
Subsecs. (i) to (k). Pub. L. 101-512, 318 (title I, 103(g)(2)),
added subsecs. (i) to (k), and redesignated former subsecs. (i) to (k)
as (l) to (n), respectively.
Subsec. (l). Pub. L. 101-512, 318 (title I, 103(h)(2)), added
subsec. (l). Former subsec. (l), redesignated (m).
Pub. L. 101-512, 318 (title I, 103(g)(1)), redesignated subsec.
(i) as (l). Former subsec. (l) redesignated (o).
Subsec. (m). Pub. L. 101-512, 318 (title I, 103(i)(1)), substituted
''subsection (n)'' for ''subsection (j)''.
Pub. L. 101-512, 318 (title I, 103(h)(1)), redesignated subsec.
(l) as (m). Former subsec. (m) redesignated (n).
Pub. L. 101-512, 318 (title I, 103(g)(1)), redesignated subsec.
(j) as (m). Former subsec. (m) redesignated (p).
Subsecs. (n), (o). Pub. L. 101-512, 318 (title I, 103(h)(1)),
redesignated subsecs. (m) and (n) as (n) and (o), respectively. Former
subsecs. (n) and (o) redesignated (o) and (p), respectively.
Pub. L. 101-512, 318 (title I, 103(g)(1)), redesignated subsecs.
(k) and (l) as (n) and (o), respectively.
Subsec. (p). Pub. L. 101-512, 318 (title I, 103(h)(1)),
redesignated subsec. (o) as (p). Former subsec. (p) redesignated (q).
Pub. L. 101-512, 318 (title I, 103(g)(1)), redesignated subsec.
(m) as (p).
Subsec. (p)(1)(G). Pub. L. 101-512, 318 (title I, 103(e)), added
subpar. (G).
Subsec. (p)(2) to (4). Pub. L. 101-512, 318 (title I, 104), added
par. (2), redesignated former pars. (2) and (3) as (3) and (4),
respectively, and in par. (4), substituted ''subsection (c)'' for
''section 5(c)'', which for purposes of codification was translated as
''subsection (c) of this section'' thus requiring no change in text.
Subsec. (q). Pub. L. 101-512, 318 (title I, 103(h)(1)),
redesignated subsec. (p) as (q).
Pub. L. 101-512, 318 (title I, 103(f)), inserted ''ongoing'' after
''shall, in'', substituted ''continue to develop and implement'' for
''develop'', inserted ''and public dissemination'' after ''collection'',
struck out ''Not later than one year after December 20, 1985, the
Chairperson shall submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Labor and Human Resources
of the Senate a plan for the development and implementation of such
system, including a recommendation regarding the need for any additional
funds to be appropriated to develop and implement such system.'' after
''including rural communities.'', and substituted ''1992, and
quadrennially'' for ''1988, and biennially''.
1985 -- Subsec. (b)(1). Pub. L. 99-194, 105(1), (6), substituted
''chairperson'' for ''chairman'' and ''Chairperson'' for ''Chairman''.
Subsec. (b)(2). Pub. L. 99-194, 105(6), (7), substituted
''Chairperson'' for ''Chairman'' wherever appearing and ''the
Chairperson's'' for ''his'' in two places.
Subsec. (c). Pub. L. 99-194, 105(2)(C), (D), (6), substituted
''Chairperson'' for ''Chairman'' in provisions preceding par. (1), and
in provisions following cl. (8) substituted ''Chairperson'' for
''Chairman'' wherever appearing and ''clause (8)'' for ''clause (5)'',
and inserted ''In selecting individuals and groups of exceptional talent
as recipients of financial assistance to be provided under this
subsection, the Chairperson shall give particular regard to artists and
artistic groups that have traditionally been underrepresented''.
Subsec. (c)(4) to (8). Pub. L. 99-194, 105(2)(A), (B), added cls.
(4) and (5) and redesignated former cls. (4) to (6) as (6) to (8),
respectively.
Subsec. (d). Pub. L. 99-194, 105(6), substituted ''Chairperson'' for
''Chairman''.
Subsec. (g). Pub. L. 99-194, 105(3), (6), substituted
''Chairperson'' for ''Chairman'' wherever appearing, and in par. (2)
struck out ''and'' at end of cl. (B), substituted '', including a
description of the progress made toward achieving the goals of the State
plan;'' for the period at end of cl. (C), and added cls. (D) and (E).
Subsec. (h). Pub. L. 99-194, 105(6), substituted ''Chairperson'' for
''Chairman'' wherever appearing.
Subsec. (i). Pub. L. 99-194, 105(4), substituted ''Secretary of
Labor may deem'' for ''he may deem'' in last sentence.
Subsec. (k). Pub. L. 99-194, 105(6), substituted ''Chairperson'' for
''Chairman'' wherever appearing.
Subsec. (l)(1). Pub. L. 99-194, 105(6), substituted ''Chairperson''
for ''Chairman'' in provisions preceding subpar. (A).
Subsec. (l)(1)(D). Pub. L. 99-194, 105(5), inserted ''and local arts
agencies'' after ''local arts groups'', designated existing provisions
as cl. (i), and added cls. (ii) to (v).
Subsec. (l)(3). Pub. L. 99-194, 105(6), substituted ''Chairperson''
for ''Chairman''.
Subsec. (m). Pub. L. 99-194, 105(8), added subsec. (m).
1980 -- Subsec. (c). Pub. L. 96-496, 102(a), 109(a), inserted ''or
loans'' in provisions preceding cl. (1) and ''and cultural diversity''
in cl. (1), redesignated cl. (5) as (6), added cl. (5), substituted
''Committee on Labor and Human Resources'' for ''Committee on Labor and
Public Welfare'' in provisions following cl. (6), and provided that any
loans made by the Chairman under subsec. (c) were to be made in
accordance with terms and conditions approved by the Secretary of the
Treasury.
Subsec. (g)(2)(A). Pub. L. 96-496, 102(b)(1), struck out provision
that the Recreation Board, or any successor designated for purposes of
this subchapter by the Commissioner of the District of Columbia, was to
be considered the ''State agency'' within the District of Columbia.
Subsec. (g)(4)(A). Pub. L. 96-496, 109(b), substituted ''such
projects'' for ''such project''.
Subsec. (g)(4)(E). Pub. L. 96-496, 102(b)(2), added subpar. (E).
Subsec. (k). Pub. L. 96-496, 102(c), authorized the Chairman to
enter into interagency agreements to promote or assist the arts-related
activities of other Federal agencies, on a reimbursable or
nonreimbursable basis, and to use funds authorized to be appropriated
for the purposes of subsec. (c) of this section for the costs of such
activities.
Subsec. (l). Pub. L. 96-496, 102(d), inserted '', on a national,
State, or local level,'' and ''strengthening quality by'' in provisions
of par. (1) preceding subpar. (A), redesignated subpars. (D) and (E)
as (E) and (F), respectively, and added subpar. (D).
Subsec. (m). Pub. L. 96-496, 102(e), struck out subsec. (m) which
related to grants or contracts to State arts agencies for photography
and film projects.
1976 -- Subsec. (c). Pub. L. 94-462, 101, struck out in provisions
preceding par. (1) ''in the United States'' after ''provide or
support''.
Subsec. (g)(4)(A). Pub. L. 94-462, 102, inserted provision that
amount of each allotment to a State for any fiscal year shall be
available to each State which has a plan approved by the Chairman to pay
not more than 50 percent of total cost of any project or production
described in subsec. (g)(1).
Subsec. (l). Pub. L. 94-462, 301(a), added subsec. (l).
Subsec. (m). Pub. L. 94-462, 401(a), added subsec. (m).
1973 -- Subsec. (c). Pub. L. 93-133, 3, in opening paragraph,
struck out reference to Federal Council on the Arts and Humanities, in
cl. (1), substituted ''projects and productions'' for ''production'',
in cl. (2), substituted ''projects and productions'' and ''for
geographic or economic reasons'' for ''production'' and ''in many areas
of the country'' respectively, in cl. (3), substituted ''projects and
productions'' for ''projects'', in cl. (5), substituted '', planning,
and publications relating to the purposes of this subsection'' for ''and
planning in the arts'', and added paragraph following cl. (5).
Subsec. (g)(1). Pub. L. 93-133, 2(a)(4)(A), struck out reference to
Federal Council on the Arts and Humanities.
Subsec. (g)(2). Pub. L. 93-133, 2(a)(4)(B), (C), in provisions
preceding cl. (A), substituted ''assistance under this subsection'' and
''at such time as shall be specified by the Chairman'' for ''such
assistance'' and ''prior to the first day of such fiscal year''
respectively, and in cl. (B), struck out exception that in the first
fiscal year in which the state was allotted funds after Sept. 29, 1965,
the plan may provide that amount not exceeding $25,000 will be expended
to conduct a study to plan the development and the establishment of a
State agency.
Subsec. (g)(3). Pub. L. 93-133, 2(a)(4)(D), added par. (3) and
struck out former par. (3) which read as follows: ''From the sums
appropriated to carry out the purposes of this subsection for any fiscal
year, not less than $65,000 shall be allotted to each State. That part
of such sums as may remain after such allotment shall be allotted among
the States in equal amounts, except that for the purposes of this
sentence the term 'State' shall not include Guam and American Samoa. If
the sums appropriated for any fiscal year to carry out the purposes of
this subsection are insufficient to satisfy allotments under the first
sentence of this paragraph, such sums shall be allotted among the States
in equal amounts.''
Subsec. (g)(4). Pub. L. 93-133, 2(a)(4)(D), added par. (4) and
struck out former par. (4) which read as follows: ''The amount of each
allotment to a State for any fiscal year under this subsection shall be
available to each State, which has a plan approved by the Chairman in
effect on the first day of such fiscal year, to pay not more than 50 per
centum of the total cost of any project or production described in
paragraph (1), and to pay up to 100 per centum of the cost of conducting
a study and establishing a State agency under paragraph (2)(B) of this
subsection.''
Subsec. (g)(5). Pub. L. 93-133, 2(a)(4)(E), substituted ''All
amounts allotted or made available'' for ''All amounts allotted''.
1970 -- Subsec. (b). Pub. L. 91-346, 5(a)(1), designated existing
provisions as cl. (1), and, in cl. (1) as so designated, provided for
appointment of the Chairman of the National Endowment for the Arts by
the President with the advice and consent of the Senate, and added cl.
(2).
Subsec. (c)(3). Pub. L. 91-346, 4, expanded grants-in-aid program to
enable talented groups or individuals to achieve wider distribution of
their works and to work in residence at an educational or cultural
institution.
Subsecs. (d) to (l). Pub. L. 91-346, 5(a)(2), struck out subsec.
(d) which provided for the individual appointed as Chairman of the
National Council on the Arts to also serve as the Chairman of the
National Endowment for the Arts, and redesignated subsecs. (e) to (l),
and all references thereto, as subsecs. (d) to (k), respectively.
Subsec. (g)(2)(A). Pub. L. 91-346, 6, permitted the Commissioner of
the District of Columbia to designate a successor to the Recreation
Board for the purpose of this chapter.
Subsec. (g)(3). Pub. L. 91-346, 7, provided minimum of $65,000
allotment to each State from sums appropriated for this subsec.,
authorized remaining funds to be equally allotted among the States,
excluded Guam and American Samoa from term ''State'', and provided for
equal allotments to States if the sums appropriated are insufficient to
satisfy the minimum allotment.
1968 -- Subsec. (c). Pub. L. 90-348, 2(a), authorized contracts
with groups, or in appropriate cases, individuals engaged in the arts,
for the purpose of enabling them to provide or support programs and
productions in the arts.
Subsec. (f). Pub. L. 90-348, 2(a), provided that contracts as well
as grants made by the National Endowment for the Arts be subject to the
amount limitation, and eliminated the provision requiring that groups
seeking funds from the National Endowment for the Arts submit evidence
to the Endowment that it had attempted unsuccessfully to secure an
amount of funds equal to the grant applied for by such group, together
with a statement of the proportion which any funds it had secured
represent the funds applied for by such group.
Subsec. (h)(3). Pub. L. 90-348, 3, substituted ''Funds appropriated
to carry out the purpose of this subsection'' for ''The funds
appropriated pursuant to section 960(c) of this title''.
Subsec. (h)(5). Pub. L. 90-348, 3, struck out provision that amounts
available to the National Endowment for the Arts at the end of the
fiscal year shall be limited to the excess of the value of gifts,
bequests, and devises received by the Endowment over the amounts
appropriated to the Endowment, the appropriated amounts to be equal to
the amounts received by the Endowment in the form of donations,
bequests, and devises, but not to exceed $2,250,000.
Subsecs. (j), (k). Pub. L. 90-348, 2(b), inserted ''of exceptional
talent'' after ''the group or individual''.
1967 -- Subsec. (d). Pub. L. 90-83 struck out provisions setting the
compensation for the Chairman of the National Council on the Arts and
the National Endowment for the Arts.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
Section 112 of Pub. L. 99-194 provided that: ''The amendments made
by sections 105(3) and 107(3) (amending this section and section 956 of
this title) shall not apply with respect to plans submitted for
financial assistance to be provided with funds appropriated for fiscal
year 1986.''
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out as a note under section 951 of
this title.
Amendment by section 5(a)(1), (2) of Pub. L. 91-346 effective after
June 30, 1970, see section 5(d)(3)(A) of Pub. L. 91-346, set out as a
note under section 955 of this title.
Section 318 (title I, 111) of Pub. L. 101-512 provided that:
''(a) Study Required. -- The Comptroller General of the United States
shall conduct a study --
''(1) to evaluate the roles and responsibilities of the National
Endowment for the Arts, the States (including State agencies), and local
arts agencies, in providing financial assistance under section 5 of the
National Foundation on the Arts and the Humanities Act of 1965 (20
U.S.C. 954),
''(2) the relative effectiveness of the Endowment, the States
(including State agencies), and local arts agencies in maximizing the
amount of financial assistance they make available under such section,
and
''(3) the existing capacity of the States to receive increased
allocations under section 5 of such Act and the ability of the States to
manage such increased allocations effectively.
''(b) Report Required. -- Not later than October 1, 1992, the
Comptroller General shall submit, to the Speaker of the House of
Representatives and the President pro tempore of the Senate, a report
summarizing the results of the study conducted under subsection (a).''
Pub. L. 101-121, title III, 304(a)-(c), Oct. 23, 1989, 103 Stat.
741, 742, prohibited use of funds for National Endowment for the Arts or
National Endowment for the Humanities to promote, disseminate, or
produce materials which in judgment of National Endowment for the Arts
or National Endowment for the Humanities may be considered obscene;
stated the sense of Congress concerning present procedures employed for
awarding National Endowment for the Arts grants; and established
Independent Commission, to expire Sept. 30, 1990, for purpose of
reviewing National Endowment for the Arts grant making procedures, and
considering whether standard for publicly funded art should be different
than standard for privately funded art.
Compensation of Director of the National Endowment for the Arts, see
section 5314 of Title 5, Government Organization and Employees.
20 USC 954a. Access to the arts through support of education
TITLE 20 -- EDUCATION
(a) Purposes
The purposes of this section are --
(1) to increase accessibility to the arts through providing education
to all Americans, including diverse cultures, urban and rural
populations by encouraging and developing quality education in the arts
at all levels, in conjunction with programs of nonformal education for
all age groups, with formal systems of elementary, secondary, and
postsecondary education;
(2) to develop and stimulate research to teach quality education in
the arts; and
(3) to encourage and facilitate the work of artists, arts
institutions, and Federal, State, regional, and local agencies in the
area of education in the arts.
(b) Program of contracts or grants
The Chairperson of the National Endowment for the Arts, /1/ is
authorized to establish and carry out a program of contracts with, or
grants to, any State or other public agency, individual, artist, any
nonprofit society, performing and nonperforming arts and educational
institution or organization, association, or museum in the United
States, in order to foster and encourage exceptional talent, public
knowledge, understanding, and appreciation of the arts, and to support
the education, training, and development of this Nation's artists,
through such activities as projects that will --
(1) promote and improve the availability of arts instruction for
American youth and life-long learning in the arts;
(2) enhance the quality of arts instruction in programs of teacher
education;
(3) develop arts faculty resources and talents;
(4) support and encourage the development of improved curriculum
materials in the arts;
(5) improve evaluation and assessment of education in the arts
programs and instruction;
(6) foster cooperative programs with the Department of Education and
encourage partnerships between arts and education agencies at State and
local levels, arts organizations, business colleges and universities;
(7) support apprenticeships, internships, and other career oriented
work-study experiences for artists and arts teachers, and encourage
residencies of artists at all educational levels;
(8) support the use of technology and improved facilities and
resources in education in the arts programs at all levels; and
(9) foster the development of demonstration projects, demonstration
productions, demonstration workshops, and demonstration programs in arts
education and collect, and make available to the public, information on
their implementation and effectiveness.
(c) Advisory council on arts education
In order to provide advice and counsel concerning arts education, the
Chairperson shall appoint an advisory council on arts education.
(Pub. L. 89-209, 5A, as added Pub. L. 101-512, title III, 318
(title I, 105), Nov. 5, 1990, 104 Stat. 1960, 1967.)
Section effective Oct. 1, 1990, see section 318 (title IV, 403(a))
of Pub. L. 101-512, set out as an Effective Date of 1990 Amendment note
under section 951 of this title.
/1/ So in original. The comma probably should not appear.
20 USC 955. National Council on the Arts
TITLE 20 -- EDUCATION
(a) Inclusion within the National Endowment for the Arts
There shall be, within the National Endowment for the Arts, a
National Council on the Arts (hereinafter in this section referred to as
the ''Council'').
(b) Appointment and composition of Council
The Council shall be composed of the Chairperson of the National
Endowment for the Arts, who shall be Chairperson of the Council, and
twenty-six other members appointed by the President, by and with the
advice and consent of the Senate, who shall be selected --
(1) from among private citizens of the United States who (A) are
widely recognized for their broad knowledge of, or expertise in, or for
their profound interest in, the arts and (B) have established records of
distinguished service, or achieved eminence, in the arts;
(2) so as to include practicing artists, civic cultural leaders,
members of the museum profession, and others who are professionally
engaged in the arts; and
(3) so as collectively to provide an appropriate distribution of
membership among the major art fields.
The President is requested, in the making of such appointments, to
give consideration to such recommendations as may, from time to time, be
submitted to the President by leading national organizations in these
fields. In making such appointments, the President shall give due
regard to equitable representation of women, minorities, and individuals
with disabilities who are involved in the arts. Members of the Council
shall be appointed so as to represent equitably all geographical areas
in the United States.
(c) Terms of office; vacancies
Each member shall hold office for a term of six years, and the terms
of office shall be staggered. The terms of office of all Council
members shall expire on the third day of September in the year of
expiration. No member shall be eligible for reappointment during the
two-year period following the expiration of such member's term. Any
member appointed to fill a vacancy shall serve for the remainder of the
term for which such member's predecessor was appointed. Notwithstanding
any other provision of this subsection, a member shall serve after the
expiration of such member's term until such member's successor takes
office.
(d) Meetings of Council; quorum; written records
(1) The Council shall meet at the call of the Chairperson but not
less often than twice during each calendar year. Fourteen members of
the Council shall constitute a quorum. All policy meetings of the
Council shall be open to the public.
(2) The Council shall --
(A) create written records summarizing --
(i) all meetings and discussions of the Council; and
(ii) the recommendations made by the Council to the Chairperson; and
(B) make such records available to the public in a manner that
protects the privacy of individual applicants, panel members, and
Council members.
(e) Compensation of members
Members shall receive compensation at a rate to be fixed by the
Chairperson but not to exceed the per diem equivalent of the rate
authorized for grade GS-18 by section 5332 of title 5 and be allowed
travel expenses including per diem in lieu of subsistence, as authorized
by law (section 5703 of title 5) for persons in the Government service
employed intermittently.
(f) Advisory functions; policies, programs, and procedures;
recommendations; authority of Chairperson; action by Chairperson
pursuant to delegation of authority
The Council shall advise the Chairperson with respect to policies,
programs, and procedures for carrying out the Chairperson's functions,
duties, or responsibilities under this subchapter, and review
applications for financial assistance under this subchapter and make
recommendations to the Chairperson with respect to the approval of each
application and the amount of financial assistance (if any) to provide
to each applicant. The Council shall make recommendations to the
Chairperson concerning --
(1) whether to approve particular applications for financial
assistance under subsections (c) and (p) of section 954 of this title
that are determined by panels under section 959(c) of this title to have
artistic excellence and artistic merit; and
(2) the amount of financial assistance the Chairperson should provide
with respect to each such application the Council recommends for
approval.
The Chairperson shall not approve or disapprove any such application
until the Chairperson has received the recommendation of the Council on
such application. The Chairperson shall have final authority to approve
each application, except that the Chairperson may only provide to an
applicant the amount of financial assistance recommended by the Council
and may not approve an application with respect to which the Council
makes a negative recommendation. In the case of an application
involving $30,000, or less, the Chairperson may approve or disapprove
such request if such action is taken pursuant to the terms of an
expressed and direct delegation of authority from the Council to the
Chairperson, and provided that each such action by the Chairperson shall
be reviewed by the Council, and that such action shall be used with
discretion and shall not become a normal practice of providing
assistance under such subsections, except that the terms of any such
delegation of authority shall not permit obligations for expenditure of
funds under such delegation for any fiscal year which exceed an amount
equal to 10 per centum of the sums appropriated for that fiscal year
pursuant to subparagraph (A) of paragraph (1) of section 960(a) of this
title.
(Pub. L. 89-209, 6, Sept. 29, 1965, 79 Stat. 849; Pub. L. 90-348,
4, June 18, 1968, 82 Stat. 185; Pub. L. 91-346, 5(b), July 20, 1970,
84 Stat. 444; Pub. L. 93-133, 2(a)(5), Oct. 19, 1973, 87 Stat. 463;
Pub. L. 94-462, title I, 103(a), Oct. 8, 1976, 90 Stat. 1971; Pub. L.
96-496, title I, 103, Dec. 4, 1980, 94 Stat. 2584; redesignated title
I, 6, and amended Pub. L. 98-306, 2, 5(a), May 31, 1984, 98 Stat.
223, 224; redesignated 6 and amended Pub. L. 99-194, title I,
101(1), 106, Dec. 20, 1985, 99 Stat. 1332, 1335; Pub. L. 101-512, title
III, 318 (title I, 106), Nov. 5, 1990, 104 Stat. 1960, 1968.)
1990 -- Subsec. (b). Pub. L. 101-512, 318 (title I, 106(a)),
inserted at end ''Members of the Council shall be appointed so as to
represent equitably all geographical areas in the United States.''
Subsec. (d). Pub. L. 101-512, 318 (title I, 106(b)), designated
existing text as par. (1), inserted at end ''All policy meetings of the
Council shall be open to the public.'', and added par. (2).
Subsec. (f). Pub. L. 101-512, 318 (title I, 106(c)), struck out
''(1)'' and ''(2)'' before ''advise the Chairperson'' and ''review
applications for'', respectively, struck out ''thereon'' before ''to the
Chairperson'', inserted before period at end of first sentence ''with
respect to the approval of each application and the amount of financial
assistance (if any) to provide to each applicant'', struck out '',
unless the Council fails to make a recommendation thereon within a
reasonable time'' after ''on such application'', substituted ''an
expressed and direct delegation'' for ''a delegation'' and '', and that
such action shall be used with discretion and shall not become a normal
practice of providing assistance under such subsections, except that''
for ''; Provided, That'', inserted ''The Chairperson shall have final
authority to approve each application, except that the Chairperson may
only provide to an applicant the amount of financial assistance
recommended by the Council and may not approve an application with
respect to which the Council makes a negative recommendation.'', and
inserted ''The Council shall make recommendations to the Chairperson
concerning -- '' and added pars. (1) and (2) immediately thereafter.
1985 -- Subsec. (b). Pub. L. 99-194, 106(1), substituted
''Chairperson'' for ''Chairman'' in two places in provisions preceding
par. (1), in par. (1) designated existing provisions following ''who''
as cl. (A) and added cl. (B), and in provisions following par. (3)
substituted ''the President'' for ''him'' and inserted ''In making such
appointments, the President shall give due regard to equitable
representation of women, minorities, and individuals with disabilities
who are involved in the arts.''
Subsec. (c). Pub. L. 99-194, 106(2), substituted ''such member's''
for ''his'' wherever appearing.
Subsecs. (d), (e). Pub. L. 99-194, 106(3), (4), substituted
''Chairperson'' for ''Chairman''.
Subsec. (f). Pub. L. 99-194, 106(5), substituted ''Chairperson'' for
''Chairman'' wherever appearing, ''the Chairperson's'' for ''his'',
''until the Chairperson has received'' for ''until he has received'',
and ''$30,000'' for ''$17,500''.
1984 -- Subsec. (c). Pub. L. 98-306, 5(a), inserted
''Notwithstanding any other provision of this subsection, a member shall
serve after the expiration of his term until his successor takes
office.''
1980 -- Subsec. (c). Pub. L. 96-496 provided that the terms of
office of all Council members were to expire on the third day of
September in the year of expiration.
1976 -- Subsec. (b). Pub. L. 94-462 inserted '', by and with the
advice and consent of the Senate,'' after ''by the President''.
1973 -- Subsec. (f). Pub. L. 93-133 substituted ''$17,500'' for
''$10,000'' and inserted proviso that the terms of delegation of
authority shall not permit obligations for expenditure of funds under
such delegation for any fiscal year which exceed an amount equal to 10
per centum of the sums appropriated for that fiscal year.
1970 -- Pub. L. 91-346 generally incorporated into this section the
substantive provisions of the National Arts and Cultural Development Act
of 1964 except for the independent study authority of the National
Council on the Arts under the 1964 Act, provided for the appointment and
composition of the Council, prescribed the terms of office for members
of the Council, provided that the Council meet at the call of the
Chairman at least twice a year, established 14 as the number of members
constituting a quorum, set forth provisions governing compensation of
persons employed for the Government service on an intermittent basis,
and set forth functions and duties of the council essentially similar to
the function and duties of the Council as set out in this section prior
to this amendment.
1968 -- Subsec. (b). Pub. L. 90-348 inserted provision which
authorized the Chairman, in the case of any application involving
$10,000 or less, to approve or disapprove the application if such action
is pursuant to the terms of a delegation of authority from the Endowment
Council and such action is reviewed by the Endowment Council.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out as a note under section 951 of
this title.
Section 5(d)(3)(A) of Pub. L. 91-346 provided that: ''The
amendments made by subsections (a) and (b) (amending this section and
sections 954, 959, and 960 of this title) shall be effective after June
30, 1970.''
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Section 5(d)(1) of Pub. L. 91-346 provided that: ''The National
Council on the Arts established under section 6 of the National
Foundation on the Arts and the Humanities Act of 1965 (this section), as
amended by subsection (b), shall, for any purpose determined to be
necessary by the Chairman of the National Endowment for the Arts, be
deemed to be a continuation of the National Council on the Arts
established under the National Arts and Cultural Development Act of
1964, Public Law 88-579 (section 781 et seq. of this title), without
interruption.''
Section 5(d)(2) of Pub. L. 91-346 provided that: ''Members
appointed to the National Council on the Arts pursuant to section 5 of
the National Arts and Cultural Development Act of 1964 (section 784 of
this title) shall be deemed to have been appointed as members of the
National Council on the Arts established under section 6 of the National
Foundation on the Arts and the Humanities Act of 1965 (this section),
with such terms of office as may be remaining under the prior
appointment on the effective date of the amendments made by subsection
(b) (July 1, 1970).''
20 USC 955a. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 98-146, title II, Nov. 4, 1983, 97 Stat. 949,
which provided that persons serving on National Council on the Arts
continue until their successors are qualified for office, was omitted as
superseded. See section 955(c) of this title as amended by Pub. L.
98-306. Similar provisions were contained in Pub. L. 97-394, title II,
Dec. 30, 1982, 96 Stat. 1994.
20 USC 955b. National Medal of Arts
TITLE 20 -- EDUCATION
(a) Establishment
There is hereby established a National Medal of Arts, which shall be
a medal of such design as is deemed appropriate by the President, on the
basis of recommendations submitted by the National Council on the Arts,
and which shall be awarded as provided in subsection (b) of this
section.
(b) Award of Medal; conditions; recipients; presentation
ceremonies
(1) The President shall from time to time award the National Medal of
Arts, on the basis of recommendations from the National Council on the
Arts, to individuals or groups who in the President's judgment are
deserving of special recognition by reason of their outstanding
contributions to the excellence, growth, support, and availability of
the arts in the United States.
(2) Not more than twelve of such medals may be awarded in any
calendar year.
(3) An individual may be awarded the National Medal of Arts only if
at the time such award is made such individual --
(A) is a citizen or other national of the United States; or
(B) is an alien lawfully admitted to the United States for permanent
residence who (i) has filed an application or petition for
naturalization in the manner prescribed by section 1445 of title 8 and
(ii) is not permanently ineligible to become a citizen of the United
States.
(4) A group may be awarded the National Medal of Arts only if such
group is organized or incorporated in the United States.
(5) The presentation of the National Medal of Arts shall be made by
the President with such ceremonies as the President may deem proper,
including attendance by appropriate Members of Congress.
(c) Availability of funds
Funds made available to the National Endowment for the Arts shall be
used to carry out this section.
(Pub. L. 98-306, 13, May 31, 1984, 98 Stat. 225.)
Section was enacted as part of the National Foundation on the Arts
and the Humanities Act Amendments of 1983, and not as part of the
National Foundation on the Arts and the Humanities Act of 1965 which
comprises this subchapter.
20 USC 956. National Endowment for the Humanities
TITLE 20 -- EDUCATION
(a) Establishment
There is established within the Foundation the National Endowment for
the Humanities.
(b) Chairperson of the Endowment; appointment, term, reappointment;
vacancy; expiration of term
(1) The Endowment shall be headed by a chairperson, who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(2) The term of office of the Chairperson shall be four years, and
the Chairperson shall be eligible for reappointment. The provisions of
this paragraph shall apply to any person appointed to fill a vacancy in
the office of the Chairperson. Upon expiration of the Chairperson's
term of office the Chairperson shall serve until the Chairperson's
successor shall have been appointed and shall have qualified.
(c) Functions of the Endowment; publications; traditionally
underrepresented recipients of financial assistance
The Chairperson, with the advice of the National Council on the
Humanities (hereinafter established), is authorized to enter into
arrangements, including contracts, grants, loans, and other forms of
assistance, to --
(1) develop and encourage the pursuit of a national policy for the
promotion of progress and scholarship in the humanities;
(2) initiate and support research and programs to strengthen the
research and teaching potential of the United States in the humanities
by making arrangements with individuals or groups to support such
activities; any loans made by the Endowment shall be made in accordance
with terms and conditions approved by the Secretary of the Treasury;
(3) initiate and support training and workshops in the humanities by
making arrangements with institutions or individuals (fellowships
awarded to individuals under this authority may be for the purpose of
study or research at appropriate nonprofit institutions selected by the
recipient of such aid, for stated periods of time);
(4) initiate and support programs and research which have substantial
scholarly and cultural significance and that reach, or reflect the
diversity and richness of our American cultural heritage, including the
culture of, a minority, inner city, rural, or tribal community;
(5) foster international programs and exchanges;
(6) foster the interchange of information in the humanities;
(7) foster, with groups, education in, and public understanding and
appreciation of the humanities;
(8) support the publication of scholarly works in the humanities;
(9) insure that the benefit of its programs will also be available to
our citizens where such programs would otherwise be unavailable due to
geographic or economic reasons; and
(10) foster programs and projects that provide access to, and
preserve materials important to research, education, and public
understanding of, the humanities.
In the case of publications under clause (8) of this subsection such
publications may be supported without regard for the provisions of
section 501 of title 44 only if the Chairperson consults with the Joint
Committee on Printing of the Congress and the Chairperson submits to the
Committee on Labor and Human Resources of the Senate and the Committee
on Education and Labor of the House of Representatives a report
justifying any exemption from such section 501. In selecting
individuals and groups of exceptional talent as recipients of financial
assistance to be provided under this subsection, the Chairperson shall
give particular regard to scholars, and educational and cultural
institutions, that have traditionally been underrepresented.
(d) Coordination and development of Endowment programs with other
Federal and non-Federal programs
The Chairperson shall coordinate the programs of the National
Endowment for the Humanities, insofar as practicable, with existing
Federal programs, designated State humanities agencies and with those
undertaken by other public agencies or private groups, and shall develop
the programs of the Endowment with due regard to the contribution to the
objectives of this subchapter which can be made by other Federal
agencies under existing programs.
(e) Limitation on amount of grant for workshop activities for which
an admission or other charge is made to the general public
The total amount of any grant under subsection (c)(3) of this section
to any group engaging in workshop activities for which an admission or
other charge is made to the general public shall not exceed 30 per
centum of the total cost of such activities.
(f) Grants-in-aid programs; designation of State administrative
agency; matching funds; applications and plans; allotments; cost
limitations; grants to regional groups; non-Federal funding;
definitions; suspension of grants; single entity limitation
(1) The Chairperson, with the advice of the National Council on the
Humanities, is authorized, in accordance with the provisions of this
subsection, to establish and carry out a program of grants-in-aid in
each of the several States in order to support not more than 50 per
centum of the cost of existing activities which meet the standards
enumerated in subsection (c) of this section, and in order to develop a
program in the humanities in such a manner as will furnish adequate
programs in the humanities in each of the several States.
(2)(A) Whenever a State desires to designate or to provide for the
establishment of a State agency as the sole agency for the
administration of the State plan, such State shall designate the
humanities council in existence on the date the State agency is
established as the State agency, and shall match from State funds a sum
equal to 50 per centum of that portion of Federal financial assistance
received by such State under this subsection which is described in the
first sentence of paragraph (4) relating to the minimum State grant, or
25 per centum of the total amount of Federal financial assistance
received by such State under this subsection, whichever is greater, for
the fiscal year involved. In any State in which the State selects the
option described in this subparagraph, the State shall submit, before
the beginning of each fiscal year, an application for grants and
accompany such application with a plan which the Chairperson finds --
(i) designates or provides for the establishment of a State agency
(hereinafter in this section referred to as the ''State agency'') as the
sole agency for the administration of the State plan;
(ii) provides that the chief executive officer of the State will
appoint new members to the State humanities council designated under the
provisions of this subparagraph, as vacancies occur as a result of the
expiration of the terms of members of such council, until the chief
executive officer has appointed all of the members of such council;
(iii) provides, from State funds, an amount equal to 50 per centum of
that portion of Federal financial assistance received by such State
under this subsection which is described in the first sentence of
paragraph (4) relating to the minimum State grant, or 25 per centum of
the total amount of Federal financial assistance received by such State
under this subsection, whichever is greater, for the fiscal year
involved;
(iv) provides that funds paid to the State under this subsection will
be expended solely on programs approved by the State agency which carry
out the objectives of subsection (c) of this section and which are
designed to bring the humanities to the public;
(v) provides assurances that State funds will be newly appropriated
for the purpose of meeting the requirements of this subparagraph;
(vi) provides that the State agency will make such reports, in such
form and containing such information, as the Chairperson may require,
including a description of the progress made toward achieving the goals
of the State plan;
(vii) provides --
(I) assurances that the State agency has held, after reasonable
notice, public meetings in the State to allow scholars, interested
organizations, and the public to present views and make recommendations
regarding the State plan; and
(II) a summary of such recommendations and of the response of the
State agency to such recommendations; and
(viii) contains --
(I) a description of the level of participation during the most
recent preceding year for which information is available by scholars and
scholarly organizations in programs receiving financial assistance under
this subsection;
(II) for the most recent preceding year for which information is
available, a description of the extent to which the programs receiving
financial assistance under this subsection are available to all people
and communities in the State; and
(III) a description of programs receiving financial assistance under
this subsection that exist or are being developed to secure wider
participation of scholars and scholarly organizations identified under
subclause (I) of this clause or that address the availability of the
humanities to all people or communities identified under subclause (II)
of this clause.
No application may be approved unless the accompanying plan satisfies
the requirements specified in this subsection.
(B) In any State in which the chief executive officer of the State
fails to submit an application under subparagraph (A), the grant
recipient in such State shall --
(i) establish a procedure which assures that six members of the
governing body of such grant recipient shall be appointed by an
appropriate officer or agency of such State, except that in no event may
the number of such members exceed 25 per centum of the total membership
of such governing body; and
(ii) provide, from any source, an amount equal to the amount of
Federal financial assistance received by such grant recipient under this
subsection for the fiscal year involved.
(3) Whenever a State selects to receive Federal financial assistance
under this subsection for any fiscal year under paragraph (2)(B), any
appropriate entity desiring to receive such assistance shall submit an
application for such assistance at such time as shall be specified by
the Chairperson. Each such application shall be accompanied by a plan
which the Chairperson finds --
(A) provides assurances that the grant recipient will comply with the
requirements of paragraph (2)(B);
(B) provides that funds paid to the grant recipient will be expended
solely on programs which carry out the objectives of subsection (c) of
this section;
(C) establishes a membership policy which is designed to assure broad
public representation with respect to programs administered by such
grant recipient;
(D) provides a nomination process which assures opportunities for
nomination to membership from various groups within the State involved
and from a variety of segments of the population of such State, and
including individuals who by reason of their achievement, scholarship,
or creativity in the humanities, are especially qualified to serve;
(E) provides for a membership rotation process which assures the
regular rotation of the membership and officers of such grant recipient;
(F) establishes reporting procedures which are designed to inform the
chief executive officer of the State involved, and other appropriate
officers and agencies, of the activities of such grant recipient;
(G) establishes procedures to assure public access to information
relating to such activities;
(H) provides that such grant recipient will make reports to the
Chairperson, in such form, at such times, and containing such
information, as the Chairperson may require, including a description of
the progress made toward achieving the goals of the plan;
(I) provides --
(i) assurances that the grant recipient has held, after reasonable
notice, public meetings in the State to allow scholars, interested
organizations, and the public to present views and make recommendations
regarding the plan; and
(ii) a summary of such recommendations and of the response of the
grant recipient to such recommendations; and
(J) contains --
(i) a description of the level of participation during the most
recent preceding year for which information is available by scholars and
scholarly organizations in programs receiving financial assistance under
this subsection;
(ii) for the most recent preceding year for which information is
available, a description of the extent to which the programs receiving
financial assistance under this subsection are available to all people
and communities in the State; and
(iii) a description of programs receiving financial assistance under
this subsection that exist or are being developed to secure wider
participation of scholars and scholarly organizations identified under
clause (i) of this subparagraph or that address the availability of the
humanities to all people or communities identified under clause (ii) of
this subparagraph.
No application may be approved unless the accompanying plan satisfies
the requirements specified in this subsection.
(4) Of the sums available to carry out this subsection for any fiscal
year, each State and each grant recipient which has a plan approved by
the Chairperson shall be allotted at least $200,000. If the sums
appropriated are insufficient to make the allotments under the preceding
sentence in full, such sums shall be allotted among such States and
grant recipients in equal amounts. In any case where the sums available
to carry out this subsection for any fiscal year are in excess of the
amount required to make the allotments under the first sentence of this
paragraph --
(A) 34 per centum of the amount of such excess for such fiscal year
shall be available to the Chairperson for making grants under this
subsection to States and regional groups and entities applying for such
grants;
(B) 44 per centum of the amount of such excess for such fiscal year
shall be allotted in equal amounts among the States and grant recipients
which have plans approved by the Chairperson; and
(C) 22 per centum of the amount of such excess for such fiscal year
shall be allotted among the States and grant recipients which have plans
approved by the Chairperson in amounts which bear the same ratio to such
excess as the population of the State for which the plan is approved
(or, in the case of a grant recipient other than a State, the population
of the State in which such grant recipient is located) bears to the
population of all the States.
(5)(A) The amount of each allotment to a State for any fiscal year
under this subsection shall be available to each State or grant
recipient, which has a plan or application approved by the Chairperson
in effect on the first day of such fiscal year, to pay not more than 50
per centum of the total cost of any project or production described in
paragraph (1). The amount of any allotment made under paragraph (4) for
any fiscal year --
(i) which exceeds $125,000, but
(ii) which does not exceed 20 per centum of such allotment,
shall be available, at the discretion of the Chairperson, to pay up
to 100 per centum of the cost of programs under this subsection if such
programs would otherwise be unavailable to the residents of that State.
(B) Any amount allotted to a State under the first sentence of
paragraph (4) for any fiscal year which is not obligated by the State
agency or grant recipient prior to sixty days prior to the end of the
fiscal year for which such sums are appropriated shall be available to
the Chairperson for making grants to regional groups.
(C) Funds made available under this subsection shall not be used to
supplant non-Federal funds.
(D) For the purposes of this paragraph, the term ''regional group''
means any multistate group, whether or not representative of contiguous
States.
(E) For purposes of paragraph (4)(B), the term ''State'' and the term
''grant recipient'' include, in addition to the several States of the
Union, only those special jurisdictions specified in section 952(g) of
this title which have a population of 200,000 or more, according to the
latest decennial census.
(6) All amounts allotted or made available under paragraph (4) for a
fiscal year which are not granted to any entity during such fiscal year
shall be available to the National Endowment for the Humanities for the
purpose of carrying out subsection (c) of this section.
(7) Whenever the Chairperson, after reasonable notice and opportunity
for hearing, finds that --
(A) a group or grant recipient is not complying substantially with
the provisions of this subsection;
(B) a State agency or grant recipient is not complying substantially
with terms and conditions of its State plan or grant recipient
application approved under this subsection; or
(C) any funds granted to any group or State agency or grant recipient
under this subsection have been diverted from the purposes for which
they are allotted or paid,
the Chairperson shall immediately notify the Secretary of the
Treasury and the group, State agency, or grant recipient with respect to
which such finding was made that no further grants will be made under
this subsection to such group, State agency, or grant recipient until
there is no longer a default or failure to comply or the diversion has
been corrected, or, if the compliance or correction is impossible, until
such group, State agency, or grant recipient repays or arranges the
repayment of the Federal funds which have been improperly diverted or
expended.
(8) Except as provided in the third sentence of paragraph (4), and
paragraphs (5) and (6), the Chairperson may not make grants under this
subsection to more than one entity in any State.
(g) Payment of performers and supporting personnel; standards,
regulations, and procedures
It shall be a condition of the receipt of any grant under this
section that the group, individual, or State agency or entity receiving
such grant furnish adequate assurances to the Secretary of Labor that
(1) all professional performers and related or supporting professional
personnel employed on projects or productions which are financed in
whole or in part under this section will be paid, without subsequent
deduction or rebate on any account, not less than the minimum
compensation as determined by the Secretary of Labor to be the
prevailing minimum compensation for persons employed in similar
activities; and (2) no part of any project or production which is
financed in whole or in part under this section will be performed or
engaged in under working conditions which are unsanitary or hazardous or
dangerous to the health and safety of the employees engaged in such
project or production. Compliance with the safety and sanitary laws of
the State in which the performance or part thereof is to take place
shall be prima facie evidence of compliance. The Secretary of Labor
shall prescribe standards, regulations, and procedures necessary to
carry out this subsection.
(h) Program of contracts or grants-in-aid to public agencies and
private nonprofit organizations; limitation on payments
(1) The Chairperson of the National Endowment for the Humanities,
with the advice of the National Council on the Humanities, is
authorized, in accordance with the provisions of this subsection, to
establish and carry out a program of contracts with, or grants-in-aid
to, public agencies and private nonprofit organizations for the purpose
of --
(A) enabling cultural organizations and institutions to increase the
levels of continuing support and to increase the range of contributors
to the program of such organizations or institutions;
(B) providing administrative and management improvements for cultural
organizations and institutions, particularly in the field of long-range
financial planning;
(C) enabling cultural organizations and institutions to increase
audience participation in, and appreciation of, programs sponsored by
such organizations and institutions;
(D) stimulating greater cooperation among cultural organizations and
institutions especially designed to serve better the communities in
which such organizations or institutions are located;
(E) fostering greater citizen involvement in planning the cultural
development of a community; and
(F) for bicentennial programs, assessing where our society and
Government stand in relation to the founding principles of the Republic,
primarily focused on projects which will bring together the public and
private citizen sectors in an effort to find new processes for solving
problems facing our Nation in its third century.
(2)(A) Except as provided in subparagraph (B) of this paragraph, the
total amount of any payment made under this subsection for a program or
project may not exceed 50 per centum of the cost of such program or
project.
(B) The Chairperson, with the advice of the Council, may waive all or
part of the requirement of matching funds provided in subparagraph (A)
of this paragraph, but only for the purposes described in clause (F) of
paragraph (1), whenever he determines that highly meritorious proposals
for grants and contracts under such clause, could not otherwise be
supported from non-Federal sources or from Federal sources other than
funds authorized by section 960(a)(3) of this title, unless such
matching requirement is waived. Such waiver may not exceed 15 per
centum of the amount appropriated in any fiscal year and available to
the National Endowment for the Humanities for the purpose of this
subsection.
(3) In carrying out the program authorized by this subsection, the
Chairperson of the National Endowment for the Humanities shall have the
same authority as is established in subsection (c) of this section and
section 959 of this title.
(i) Interagency agreements
The Chairperson may enter into interagency agreements to promote or
assist with the humanities-related activities of other Federal agencies,
on either a reimbursable or nonreimbursable basis, and may use funds
authorized to be appropriated for the purposes of subsection (c) of this
section for the costs of such activities.
(j) Payment of wages at prevailing rates; authority of Secretary of
Labor
It shall be a condition of the receipt of any grant under this
section that the group or individual of exceptional talent or the State,
State agency, or entity receiving such grant furnish adequate assurances
to the Secretary of Labor that all laborers and mechanics employed by
contractors or subcontractors on construction projects assisted 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 et seq.). The Secretary of Labor shall have, with respect to the
labor standards specified in this subsection, the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 and
section 276c of title 40.
(k) National information and data collection system on humanities,
scholars, educational and cultural groups, and audiences; development
and implementation plan; state of the humanities reports
The Chairperson of the National Endowment for the Humanities shall,
in ongoing consultation with State and local agencies, other relevant
organizations, and relevant Federal agencies, continue to develop and
implement a practical system of national information and data collection
and public dissemination on the humanities, scholars, educational and
cultural groups, and their audiences. Such system shall include
cultural and financial trends in the various humanities fields, trends
in audience participation, and trends in humanities education on
national, regional, and State levels. Such system shall be used, along
with a summary of the data submitted with plans under subsection (f) of
this section, to prepare a report on the state of the humanities in the
Nation. The state of the humanities report shall include a description
of the availability of the Endowment's programs to emerging and
culturally diverse scholars, cultural and educational organizations, and
communities and of the participation of such scholars, organizations,
and communities in such programs. The state of the humanities report
shall be submitted to the President and the Congress, and provided the
States, not later than October 1, 1992, and quadrennially thereafter.
(l) Eligibility of group for financial assistance
Any group shall be eligible for financial assistance under this
section only if --
(1) no part of its net earnings inures to the benefit of any private
stockholder or stockholders, or individual or individuals; and
(2) donations to such group are allowable as a charitable
contribution under the standards of section 170(c) of title 26.
(m) Annual awards
The Chairperson, with the advice of the National Council on the
Humanities, is authorized to make the following annual awards:
(1) The Jefferson Lecture in the Humanities Award to one individual
for distinguished intellectual achievement in the humanities. The
annual award shall not exceed $10,000.
(2) The Charles Frankel Prize to honor individuals who have made
outstanding contributions to the public understanding of the humanities.
Not more than 5 individuals may receive such prize each year. Each
prize shall not exceed $5,000.
(Pub. L. 89-209, 7, Sept. 29, 1965, 79 Stat. 850; Pub. L. 90-83,
10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 91-346, 8, July 20, 1970,
84 Stat. 445; Pub. L. 93-133, 2(a)(6), 3, Oct. 19, 1973, 87 Stat.
464, 465; Pub. L. 94-462, title I, 104(a), 105, title III, 301(b),
Oct. 8, 1976, 90 Stat. 1971, 1974, 1979; Pub. L. 96-496, title I,
104, 109(c), Dec. 4, 1980, 94 Stat. 2584, 2591; redesignated title I,
7, Pub. L. 98-306, 2, May 31, 1984, 98 Stat. 223; redesignated 7 and
amended Pub. L. 99-194, title I, 101(1), 107, Dec. 20, 1985, 99 Stat.
1332, 1335; Pub. L. 101-512, title III, 318 (title I, 107), Nov. 5,
1990, 104 Stat. 1960, 1969.)
The Davis-Bacon Act, as amended, referred to in subsec. (j), is act
Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified
generally to section 276a to 276a-5 of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 276a of Title 40 and
Tables.
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (j),
is set out in the Appendix to Title 5, Government Organization and
Employees.
1990 -- Subsec. (a). Pub. L. 101-512, 318 (title I, 107(a)),
substituted ''the'' for ''a'' after ''Foundation''.
Subsec. (c). Pub. L. 101-512, 318 (title I, 107(b)(1)), inserted
''enter into arrangements, including contracts, grants, loans, and other
forms of assistance, to'' after ''is authorized to''.
Subsec. (c)(2). Pub. L. 101-512, 318 (title I, 107(b)(2)), struck
out ''(including contracts, grants, loans, and other forms of
assistance)'' after ''arrangements''.
Subsec. (c)(3). Pub. L. 101-512, 318 (title I, 107(b)(3)),
substituted ''initiate and support training and workshops in the
humanities by making arrangements with institutions or individuals
(fellowships'' for ''award fellowships and grants to institutions or
individuals for training and workshops in the humanities.
Fellowships'', and inserted closing parenthesis after ''periods of
time''.
Subsec. (c)(7). Pub. L. 101-512, 318 (title I, 107(b)(4)), struck
out ''through grants or other arrangements'' after ''foster,''.
Subsec. (c)(10). Pub. L. 101-512, 318 (title I, 107(b)(5)-(7)),
added par. (10).
Subsec. (d). Pub. L. 101-512, 318 (title I, 107(c)), substituted
''coordinate'' for ''correlate''.
Subsec. (f)(2)(A). Pub. L. 101-512, 318 (title I, 107(d)(1)),
substituted ''the date the State agency is established'' for ''December
20, 1985,''.
Subsec. (f)(2)(A)(viii)(I). Pub. L. 101-512, 318 (title I,
107(d)(2)(A)), substituted ''most recent preceding year for which
information is available'' for ''previous two years''.
Subsec. (f)(2)(A)(viii)(II). Pub. L. 101-512, 318 (title I,
107(d)(2)(B)), inserted ''for the most recent preceding year for which
information is available,''.
Subsec. (f)(3)(J)(i). Pub. L. 101-512, 318 (title I, 107(d)(3)(A)),
substituted ''most recent preceding year for which information is
available'' for ''previous two years''.
Subsec. (f)(3)(J)(ii). Pub. L. 101-512, 318 (title I,
107(d)(3)(B)), inserted ''for the most recent preceding year for which
information is available,''.
Subsec. (g). Pub. L. 101-512, 318 (title I, 107(e)), struck out
''not later than 180 days after December 20, 1985'' before period at
end.
Subsec. (h)(2)(B). Pub. L. 101-512, 318 (title I, 107(f)),
substituted ''Endowment for'' for ''Endowment on''.
Subsec. (k). Pub. L. 101-512, 318 (title I, 107(g)), inserted
''ongoing'' after ''shall, in'', substituted ''continue to develop and
implement'' for ''develop'', inserted ''and public dissemination'' after
''collection'', struck out ''Not later than one year after December 20,
1985, the Chairperson shall submit to the Committee on Education and
Labor of the House of Representatives and the Committee on Labor and
Human Resources of the Senate a plan for the development and
implementation of such system, including a recommendation regarding the
need for any additional funds to be appropriated to develop and
implement such system.'' after ''and State levels.'', and substituted
''1992, and quadrennially'' for ''1988, and biennially''.
Subsecs. (l), (m). Pub. L. 101-512, 318 (title I, 107(h)), added
subsecs. (l) and (m) and struck out former subsec. (l) which related
to reports and plans required by regulation or directives and the
transmittal of such reports and plans to the Equal Employment
Opportunity Commission.
1985 -- Subsec. (b). Pub. L. 99-194, 107(1), (5), substituted
''chairperson'' for ''chairman'' in par. (1), and in par. (2),
substituted ''Chairperson'' for ''Chairman'' and ''the Chairperson's''
for ''his'' wherever appearing.
Subsec. (c). Pub. L. 99-194, 107(2), (5), substituted
''Chairperson'' for ''Chairman'' wherever appearing, substituted
''workshops'' for ''workships'' in cl. (3), added cls. (4) and (5) and
redesignated existing cls. (4) to (7) as (6) to (9), respectively,
substituted ''clause (8)'' for ''clause (6)'' in second sentence, and
inserted at end ''In selecting individuals and groups of exceptional
talent as recipients of financial assistance to be provided under this
subsection, the Chairperson shall give particular regard to scholars,
and educational and cultural institutions, that have traditionally been
underrepresented.''
Subsec. (d). Pub. L. 99-194, 107(5), substituted ''Chairperson'' for
''Chairman''.
Subsec. (f). Pub. L. 99-194, 107(3), (5), substituted
''Chairperson'' for ''Chairman'' wherever appearing; in par. (2)(A)
substituted ''December 20, 1985'' for ''December 4, 1980'', inserted
''officer'' after ''chief executive'' wherever appearing in cl. (ii),
struck out ''and'' at end of cl. (v), substituted '', including a
description of the progress made toward achieving the goals of the State
plan;'' for the period at end of cl. (vi), and added cls. (vii) and
(viii) and sentence providing that no application may be approved unless
the accompanying plan satisfies the requirements specified in this
subsection; in par. (2)(B)(i) substituted ''six'' and ''25'' for
''four'' and ''20'', respectively; and in par. (3) struck out ''and''
at end of cl. (G), substituted '', including a description of the
progress made toward achieving the goals of the plan;'' for the period
at end of cl. (H), and added cls. (I) and (J) and sentence providing
that no application may be approved unless the accompanying plan
satisfies the requirements specified in this subsection.
Subsec. (g). Pub. L. 99-194, 107(4), substituted ''The Secretary of
Labor shall prescribe standards, regulations, and procedures necessary
to carry out this subsection not later than 180 days after December 20,
1985'' for ''The Secretary of Labor shall have the authority to
prescribe standards, regulations, and procedures as he may deem
necessary or appropriate to carry out the provisions of this
subsection''.
Subsecs. (h)(1), (2)(B), (3), (i). Pub. L. 99-194, 107(5),
substituted ''Chairperson'' for ''Chairman'' wherever appearing.
Subsecs. (j) to (l). Pub. L. 99-194, 107(6), added subsecs. (j) to
(l).
1980 -- Subsec. (c). Pub. L. 96-496, 109(c), substituted
''Committee on Labor and Human Resources'' for ''Committee on Labor and
Public Welfare'' in last sentence.
Subsec. (f)(2). Pub. L. 96-496, 104(a)(1), substituted provisions
relating to the designation of State humanities councils as State
administrative agencies, requiring matching State funding and submission
by States wishing to designate administrative State agencies of grant
applications and accompanying administrative plans, and prescribing a
grant recipient application procedure for provisions requiring entities
desiring to receive financial assistance under this subsection to submit
grant applications and accompanying administrative plans.
Subsec. (f)(3). Pub. L. 96-496, 104(a)(2), substituted provisions
requiring entities desiring to receive financial assistance under this
subsection to submit grant applications and accompanying administrative
plans for provisions relating to the appointment of grant recipient
members.
Subsec. (f)(4). Pub. L. 96-496, 104(a)(3), in provisions preceding
subpar. (A), substituted ''each State and each grant recipient'' for
''each grant recipient'' and ''such States and grant recipients'' for
''such grant recipients'', in subpar. (A), substituted ''34 per centum
of the amount of such excess for such'' for ''the amount of such excess
which is no greater than 25 per centum of the sums available to carry
out this subsection for any'' and inserted ''States and regional groups
and'', in subpar. (B), substituted ''44 per centum of the amount of
such excess for such fiscal year'' for ''the amount of such excess, if
any, which remains after reserving in full for the Chairman the amount
required under subparagraph (A)'' and ''States and grant recipients''
for ''grant recipients'' and struck out ''but in no event shall any
grant recipient be allotted less than $200,000'' after ''Chairman'' and
added subpar. (C).
Subsec. (f)(5)(A). Pub. L. 96-496, 104(a)(4)(A), substituted ''The
amount of each allotment to a State for any fiscal year under this
subsection shall be available to each State or grant recipient, which
has a plan or application approved by the Chairman in effect on the
first day of such fiscal year, to pay not more than 50 per centum of the
total cost of any project or production described in paragraph (1). The
amount of any'' for ''Whenever the provisions of paragraph (3)(B) of
this subsection apply in any State, that part of any''.
Subsec. (f)(5)(B). Pub. L. 96-496, 104(a)(4)(B), inserted ''State
agency or''.
Subsec. (f)(5)(E). Pub. L. 96-496, 104(a)(4)(C), added subpar. (E).
Subsec. (f)(7). Pub. L. 96-496, 104(a)(5), inserted ''group or'' in
subpar. (A), inserted ''State agency or'' and substituted ''State plan
or grant recipient application'' for ''plan'' in subpar. (B), inserted
''group or State agency or'' in subpar. (C), and inserted ''group,
State agency, or'' in three places in provisions following subpar. (C).
Subsec. (f)(8). Pub. L. 96-496, 104(a)(6), substituted ''the third
sentence of paragraph (4), and paragraphs (5) and (6)'' for ''paragraphs
(4), (5), and (6)''.
Subsec. (g). Pub. L. 96-496, 104(b), substituted ''State agency or''
for ''State''.
Subsec. (i). Pub. L. 96-496, 104(c), added subsec. (i).
1976 -- Subsecs. (f), (g). Pub. L. 94-462, 104(a), 105, added
subsecs. (f) and (g).
Subsec. (h). Pub. L. 94-462, 301(b), added subsec. (h).
1973 -- Subsec. (c). Pub. L. 93-133, 2(a)(6), in provisions
preceding cl. (1) struck out reference to the Federal Council on the
Arts and the Humanities, in cl. (2) inserted proviso that loans made by
the Endowment shall be made in accordance with terms and conditions
approved by the Secretary of the Treasury, in cl. (6) struck out
reference to section 111 of title 44, and added cl. (7) and provisions
following cl. (7).
Subsec. (d). Pub. L. 93-133, 3, required the Chairman to correlate
the programs of the National Endowment for the Humanities with
designated State humanities agencies.
1970 -- Subsec. (b)(2). Pub. L. 91-346, 8(a), provided that upon
expiration of his term of office the Chairman shall serve until his
successor shall have been appointed and shall have qualified.
Subsec. (c)(2). Pub. L. 91-346, 8(b), announced intention of the
Endowment for the Humanities to strengthen teaching potential as well as
research potential and authorized the Endowment to make contracts as
well as grants etc., in its efforts to accomplish its goals.
Subsec. (c)(5). Pub. L. 91-346, 8(c), announced intention to foster
education in as well as public understanding and appreciation of the
humanities.
1967 -- Subsec. (b)(1). Pub. L. 90-83 struck out provision setting
the compensation of the Chairman at the level prescribed by law for the
Director of the National Science Foundation.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
Amendment by section 107(3) of Pub. L. 99-194 not applicable with
respect to plans submitted for financial assistance to be provided with
funds appropriated for fiscal year 1986, see section 112 of Pub. L.
99-194, set out as a note under section 954 of this title.
Section 104(b) of Pub. L. 94-462 provided that: ''The amendment
made by subsection (a) (amending this section) shall be effective with
respect to fiscal year 1977 and succeeding fiscal years.''
Amendment by section 2(a)(6) of Pub. L. 93-133 effective on and
after July 1, 1973, see section 2(b) of Pub. L. 93-133, set out as a
note under section 951 of this title.
Compensation of Chairman of the National Endowment for the
Humanities, see section 5314 of Title 5, Government Organization and
Employees.
20 USC 956a. National Capital arts and cultural affairs; grant
programs
TITLE 20 -- EDUCATION
There is hereby authorized a program to support artistic and cultural
programs in the Nation's Capital to be established under the direction
of the Commission of Fine Arts. Not to exceed $7,500,000 annually is
authorized to provide grants for general operating support to eligible
organizations located in the District of Columbia whose primary purpose
is performing, exhibiting and/or presenting arts.
Eligibility for grants shall be limited to not-for-profit,
non-academic institutions of demonstrated national repute and is further
limited to organizations having annual income, exclusive of Federal
funds, in excess of $1,000,000 for each of the three years prior to
receipt of a grant. The following organizations are deemed eligible to
receive grants under this section: Folger Theater, Corcoran Gallery of
Art, Phillips Gallery, Arena Stage, the National Building Museum, the
National Capital Children's Museum, the National Symphony Orchestra, the
Washington Opera Society, and Ford's Theater.
The Chairman of the Commission of Fine Arts shall establish an
application process and shall, along with the Chairman of the National
Endowment for the Arts and the Chairman of the National Endowment for
the Humanities determine the eligibility of applicant organizations in
addition to those herein named.
Of the funds provided for grants, 70 per centum shall be equally
distributed among all qualifying organizations and 30 per centum shall
be distributed based on the size of an organization's total annual
income, exclusive of Federal funds, compared to the combined total of
the annual income, exclusive of Federal funds, of all eligible
institutions. No organization shall receive a grant in excess of
$500,000 in a single year.
An application process shall be established no later than March 1,
1986, and initial grants shall be awarded no later than June 1, 1986.
(Pub. L. 99-190, 101(d) (title II, 201), Dec. 19, 1985, 99 Stat.
1224, 1261; Pub. L. 99-500, 101(h) (title II, 201), Oct. 18, 1986,
100 Stat. 1783-242, 1783-281, and Pub. L. 99-591, 101(h) (title II,
201), Oct. 30, 1986, 100 Stat. 3341-242, 3341-281; Pub. L. 100-202,
101(g) (title II, 201), Dec. 22, 1987, 101 Stat. 1329-213, 1329-250;
Pub. L. 101-121, title II, Oct. 23, 1989, 103 Stat. 739.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section was not enacted as part of the National Foundation on the
Arts and the Humanities Act of 1965 which comprises this subchapter.
1989 -- Pub. L. 101-121 substituted ''$7,500,000'' for
''$5,000,000'' in first par.
1987 -- Pub. L. 100-202 substituted ''direction of the Commission of
Fine Arts'' for ''direction of the National Endowment for the
Humanities'' in first par. and amended third par. generally. Prior to
amendment, third par. read as follows: ''The Chairman of the National
Endowment for the Humanities shall establish an application process and
shall, along with the Chairman of the National Endowment for the Arts
and the Chairman of the Commission on Fine Arts determine the
eligibility of applicant organizations in addition to those herein
named.''
1986 -- Pub. L. 99-500 and Pub. L. 99-591 substituted ''whose
primary purpose is'' for ''which are engaged primarily in'' in first
par. and ''annual income, exclusive of Federal Funds,'' for ''an annual
operating budget'', ''operating budget'', and ''operating budgets'' in
third and fourth pars.
National Capital region arts and cultural affairs grant program under
the direction of the National Park Service, see section 1e of Title 16,
Conservation.
20 USC 957. National Council on the Humanities
TITLE 20 -- EDUCATION
(a) Establishment
There is established in the National Endowment for the Humanities a
National Council on the Humanities.
(b) Composition; basis for selection of members; representation of
interests; recommendations of national organizations
The Council shall be composed of the Chairperson of the National
Endowment for the Humanities, who shall be the Chairperson of the
Council, and twenty-six other members appointed by the President, by and
with the advice and consent of the Senate, from private life. Such
members shall be individuals who (1) are selected from among private
citizens of the United States who are recognized for their broad
knowledge of, expertise in, or commitment to the humanities, and (2)
have established records of distinguished service and scholarship or
creativity and in a manner which will provide a comprehensive
representation of the views of scholars and professional practitioners
in the humanities and of the public throughout the United States. The
President is requested in the making of such appointments to give
consideration to such recommendations as may from time to time be
submitted to him by leading national organizations concerned with the
humanities. In making such appointments, the President shall give due
regard to equitable representation of women, minorities, and individuals
with disabilities who are involved in the humanities.
(c) Term of office; vacancies; reappointment
Each member shall hold office for a term of six years, except that
(1) the members first taking office shall serve, as designated by the
President, nine for terms of two years, nine for terms of four years,
and eight for terms of six years, and (2) any member appointed to fill a
vacancy shall serve for the remainder of the term for which such
member's predecessor was appointed. No member shall be eligible for
reappointment during the two-year period following the expiration of
such member's term. Notwithstanding any other provisions of this
subsection, a member shall serve after the expiration of such member's
term until such member's successor takes office.
(d) Meetings; quorum
The Council shall meet at the call of the Chairperson but not less
often than twice during each calendar year. Fourteen members of the
Council shall constitute a quorum.
(e) Compensation and travel expenses
Members shall receive compensation at a rate to be fixed by the
Chairperson but not to exceed the per diem equivalent of the rate
authorized for grade GS-18 by section 5332 of title 5 and be allowed
travel expenses including per diem in lieu of subsistence, as authorized
by law (section 5703 of title 5) for persons in the Government service
employed intermittently.
(f) Advisory functions: policies, programs, and procedures; review
of applications for financial support; recommendations prerequisite to
action of the Chairperson; unilateral action by Chairperson pursuant to
delegation of authority
The Council shall (1) advise the Chairperson with respect to
policies, programs, and procedures for carrying out the Chairperson's
functions, and (2) shall review applications for financial support and
make recommendations thereon to the Chairperson. The Chairperson shall
not approve or disapprove any such application until the Chairperson has
received the recommendation of the Council on such application, unless
the Council fails to make a recommendation thereon within a reasonable
time. In the case of any application involving $30,000, or less, the
Chairperson may approve or disapprove such request if such action is
taken pursuant to the terms of a delegation of authority from the
Council to the Chairperson, and provided that each such action by the
Chairperson shall be reviewed by the Council: Provided, That the terms
of any such delegation of authority shall not permit obligations for
expenditure of funds under such delegation for any fiscal year which
exceed an amount equal to 10 per centum of the sums appropriated for
that fiscal year pursuant to subparagraph (B) of paragraph (1) of
section 960(a) of this title.
(Pub. L. 89-209, 8, Sept. 29, 1965, 79 Stat. 851; Pub. L. 90-348,
4, June 18, 1968, 82 Stat. 186; Pub. L. 91-346, 5(c), July 20, 1970,
84 Stat. 444; Pub. L. 93-133, 2(a)(7), Oct. 19, 1973, 87 Stat. 464;
Pub. L. 94-462, title I, 103(b), Oct. 8, 1976, 90 Stat. 1971; Pub. L.
96-496, title I, 105, Dec. 4, 1980, 94 Stat. 2587; redesignated title
I, 8, and amended Pub. L. 98-306, 2, 5(b), May 31, 1984, 98 Stat.
223, 224; redesignated 8 and amended Pub. L. 99-194, title I,
101(1), 108, Dec. 20, 1985, 99 Stat. 1332, 1338.)
1985 -- Subsec. (b). Pub. L. 99-194, 108(1), substituted
''Chairperson'' for ''Chairman'' in two places, substituted
''individuals who (1) are selected from among private citizens of the
United States who are recognized for their broad knowledge of, expertise
in, or commitment to the humanities, and (2) have established records
of'' for ''selected on the basis of'', and inserted provision that in
making such appointments, the President shall give due regard to
equitable representation of women, minorities, and individuals with
disabilities who are involved in the humanities.
Subsec. (c). Pub. L. 99-194, 108(2), substituted ''such member's''
for ''his'' wherever appearing.
Subsecs. (d), (e). Pub. L. 99-194, 108(3), substituted
''Chairperson'' for ''Chairman'' wherever appearing.
Subsec. (f). Pub. L. 99-194, 108(3), (4), substituted
''Chairperson'' for ''Chairman'' wherever appearing, ''the
Chairperson's'' for ''his'', and ''until the Chairperson has received''
for ''until he has received''.
1984 -- Subsec. (c). Pub. L. 98-306, 5(b), inserted
''Notwithstanding any other provisions of this subsection, a member
shall serve after the expiration of his term until his successor takes
office.''
1980 -- Subsec. (f). Pub. L. 96-496 substituted ''$30,000'' for
''$17,500''.
1976 -- Subsec. (b). Pub. L. 94-462 inserted '', by and with the
advice and consent of the Senate,'' after ''by the President''.
1973 -- Subsec. (f). Pub. L. 93-133 substituted ''$17,500'' for
''$10,000'' and inserted proviso that the terms of delegation of
authority shall not permit obligations for expenditure of funds under
such delegation for any fiscal year which exceeds an amount equal to 10
per centum of the sums appropriated for that fiscal year.
1970 -- Subsec. (e). Pub. L. 91-346 set forth provisions governing
compensation of persons employed for the Government service on an
intermittent basis.
1968 -- Subsec. (f). Pub. L. 90-348 inserted provisions which
authorized the Chairman, in the case of any application involving
$10,000 or less, to approve or disapprove the application if such action
is pursuant to the terms of a delegation of authority from the Endowment
Council and such action is reviewed by the Endowment Council.
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out as a note under section 951 of
this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
20 USC 957a. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 98-146, title II, Nov. 4, 1983, 97 Stat. 949,
which directed that persons serving on National Council on the
Humanities continue until their successors are qualified for office, was
omitted as superseded. See section 957(c) of this title, as amended by
Pub. L. 98-306. Similar provisions were contained in Pub. L. 97-394,
title II, Dec. 30, 1982, 96 Stat. 1994.
20 USC 958. Federal Council on the Arts and the Humanities
TITLE 20 -- EDUCATION
(a) Establishment
There is established within the Foundation a Federal Council on the
Arts and the Humanities.
(b) Composition; presiding officer; changes in membership to meet
changes in programs or executive branch organization
The Council shall be composed of the Chairperson of the National
Endowment for the Arts, the Chairperson of the National Endowment for
the Humanities, the Director of the Institute of Museum Services, the
Secretary of Education, the Secretary of the Smithsonian Institution,
the Director of the National Science Foundation, the Librarian of
Congress, the Director of the National Gallery of Art, the Chairman of
the Commission of Fine Arts, the Archivist of the United States, the
Commissioner, Public Buildings Service, General Services Administration,
the Commissioner on Aging, a member designated by the Director of the
United States Information Agency and a member designated by the
Secretary of the Interior, a member designated by the Chairman of the
Senate Commission on Art and Antiquities, and a member designated by the
Speaker of the House. The President shall designate the presiding
officer of the Council from among the members. The President is
authorized to change the membership of the Council from time to time as
the President deems necessary to meet changes in Federal programs or
executive branch organization.
(c) Functions
The Council shall --
(1) advise and consult with the Chairperson of the National Endowment
for the Arts and the Chairperson of the National Endowment for the
Humanities on major problems arising in carrying out the purposes of the
Foundation;
(2) advise and consult with the National Museum Services Board and
with the Director of the Institute of Museum Services on major problems
arising in carrying out the purposes of such Institute;
(3) coordinate, by advice and consultation, so far as is practicable,
the policies and operations of the National Endowment for the Arts, the
National Endowment for the Humanities, and the Institute of Museum
Services, including joint support of activities, as appropriate;
(4) promote coordination between the programs and activities of the
Foundation and related programs and activities of other Federal
agencies;
(5) plan and coordinate appropriate participation (including
productions and projects) in major and historic national events;
(6) undertake studies and make reports which address the state of the
arts and humanities, particularly with respect to their economic needs
and problems; and
(7) encourage an ongoing dialogue in support of the arts and the
humanities among Federal agencies.
(Pub. L. 89-209, 9, Sept. 29, 1965, 79 Stat. 851; Pub. L. 91-346,
9, July 20, 1970, 84 Stat. 446; Pub. L. 93-133, 2(a)(8), Oct. 19,
1973, 87 Stat. 464; Pub. L. 94-462, title II, 208, Oct. 8, 1976, 90
Stat. 1977; 1977 Reorg. Plan No. 2, 7(a)(12), 42 F.R. 62461, 91 Stat.
1637; Pub. L. 96-496, title I, 106, 109(d), Dec. 4, 1980, 94 Stat.
2587, 2591; Pub. L. 97-241, title III, 303(b), Aug. 24, 1982, 96
Stat. 291; redesignated title I, 9, and amended Pub. L. 98-306, 2,
6, May 31, 1984, 98 Stat. 223, 224; redesignated 9 and amended Pub. L.
99-194, title I, 101(1), 109, Dec. 20, 1985, 99 Stat. 1332, 1339;
Pub. L. 101-512, title III, 318 (title I, 108), Nov. 5, 1990, 104
Stat. 1960, 1970.)
1990 -- Subsec. (c)(7). Pub. L. 101-512, 318 (title I, 108(a)),
added par. (7).
Subsec. (d). Pub. L. 101-512, 318 (title I, 108(b)), struck out
subsec. (d) which related to studies on Federal support to museums and
the impact of Institute of Museum Services and of conservation and
preservation practices.
1985 -- Subsec. (b). Pub. L. 99-194, 109(1), substituted
''Chairperson'' for ''Chairman'' in two places in first sentence,
''presiding officer'' for ''Chairman'' in second sentence, and ''the
President'' for ''he'' in last sentence.
Subsec. (c)(1). Pub. L. 99-194, 109(2), substituted ''Chairperson''
for ''Chairman'' wherever appearing.
Subsec. (d). Pub. L. 99-194, 109(3), added subsec. (d). Former
subsec. (d), relating to a study and report to the President and the
Congress on artistic employment opportunities, was struck out.
Subsec. (e). Pub. L. 99-194, 109(3), struck out subsec. (e) which
provided for a study and report to the President and the Congress on
arts and artifacts indemnification.
1984 -- Subsec. (b). Pub. L. 98-306, 6(a), inserted ''the Director
of the Institute of Museum Services,''.
Subsec. (c)(4). Pub. L. 98-306, 6(b), struck out ''and the Institute
of Museum Services'' after ''Foundation''.
1980 -- Subsec. (b). Pub. L. 96-496, 106(a), 109(d), inserted
''the Commissioner on Aging,'' and substituted ''Secretary of
Education'' for ''United States Commissioner of Education''.
Subsec. (c)(6). Pub. L. 96-496, 106(b), added par. (6).
Subsecs. (d), (e). Pub. L. 96-496, 106(c), added subsecs. (d) and
(e).
1976 -- Subsec. (c)(2), (3). Pub. L. 94-462, 208(1), (2), added
par. (2), redesignated former par. (2) as (3), and as so redesignated
inserted ''and the Institute of Museum Services,'' after
''Humanities,''. Former par. (3) redesignated (4).
Subsec. (c)(4), (5). Pub. L. 94-462, 208(1), (3), redesignated
former par. (3) as (4), inserted ''and the Institute of Museum
Services'' after ''Foundation'', and redesignated former par. (4) as
(5).
1973 -- Subsec. (b). Pub. L. 93-133 included the Commissioner,
Public Buildings Service, General Service Administration, a member
designated by the Secretary of the Interior, a member designated by the
Chairman of the Senate Commission on Art and Antiquities, and a member
designated by the Speaker of the House, as members of the Federal
Council on the Arts and Humanities.
1970 -- Subsec. (b). Pub. L. 91-346 included the Archivist of the
United States as a member of the Federal Council on the Arts and
Humanities.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out a a note under section 951 of
this title.
''Director of the United States Information Agency'' substituted in
text for ''Director of the International Communication Agency'' in
subsec. (b), pursuant to section 303(b) of Pub. L. 97-241, title III,
Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of
Title 22, Foreign Relations and Intercourse.
Previously, ''Director of the International Communication Agency''
was substituted for ''Secretary of State'' in subsec. (b), pursuant to
Reorg. Plan No. 2 of 1977, 7(a)(12), 42 F.R. 62461, 91 Stat. 1637,
set out in the Appendix to Title 5, Government Organization and
Employees, effective on or before July 1, 1978, at such time as
specified by the President, which transferred all functions vested in
the Secretary of State under subsec. (b) of this section to the
Director of the International Communication Agency.
20 USC 959. Administrative provisions
TITLE 20 -- EDUCATION
(a) General authority of Chairpersons
In addition to any authorities vested in them by other provisions of
this subchapter, the Chairperson of the National Endowment for the Arts
and the Chairperson of the National Endowment for the Humanities, in
carrying out their respective functions, shall each have authority --
(1) to prescribe such regulations as the Chairperson deems necessary
governing the manner in which the Chairperson's functions shall be
carried out;
(2) in the discretion of the Chairperson of an Endowment, after
receiving the recommendation of the National Council of that Endowment,
to receive money and other property donated, bequeathed, or devised to
that Endowment with or without a condition or restriction, including a
condition that the Chairperson use other funds of that Endowment for the
purposes of the gift, except that a Chairperson may receive a gift
without a recommendation from the Council to provide support for any
application or project which can be approved without Council
recommendation under the provisions of sections 955(f) and 957(f) of
this title, and may receive a gift of $15,000, or less, without Council
recommendation in the event the Council fails to provide such
recommendation within a reasonable period of time, and to use, sell, or
otherwise dispose of such property for the purpose of carrying out
sections 954(c) and 956(c) of this title;
(3) to appoint employees, subject to the civil service laws, as
necessary to carry out the Chairperson's functions, define their duties,
and supervise and direct their activities;
(4) to utilize experts and consultants, including panels of experts,
who may be employed as authorized by section 3109 of title 5;
(5) to accept and utilize the services of voluntary and uncompensated
personnel and reimburse them for travel expenses, including per diem, as
authorized by section 5703 of title 5 for persons in the Government
service employed without compensation;
(6) to make advance, progress, and other payments without regard to
section 3324 of title 31;
(7) to rent office space in the District of Columbia; and
(8) to make other necessary expenditures.
(b) Rules for distribution of donations, bequests, and devises;
gifts with or without conditions; transfers for tax purposes
(1) In any case in which any money or other property is donated,
bequeathed, or devised to the Foundation without designation of the
Endowment for the benefit of which such property is intended, and
without condition or restriction other than that it be used for the
purposes of the Foundation, such property shall be deemed to have been
donated, bequeathed, or devised in equal shares to each Endowment and
each Chairperson of an Endowment shall have authority to receive such
property.
(2) In any case in which any money or other property is donated,
bequeathed, or devised to the Foundation with a condition or
restriction, such property shall be deemed to have been donated,
bequeathed, or devised to that Endowment whose function it is to carry
out the purpose or purposes described or referred to by the terms of
such condition or restriction, and each Chairperson of an Endowment
shall have authority to receive such property.
(3) For the purposes of the preceding sentence, if one or more of the
purposes of such a condition or restriction is covered by the functions
of both Endowments, or if some of the purposes of such a condition or
restriction are covered by the functions of one Endowment and other of
the purposes of such a condition or restriction are covered by the
functions of the other Endowment, the Federal Council on the Arts and
the Humanities shall determine an equitable manner for distribution
between each of the Endowments of the property so donated, bequeathed,
or devised.
(4) For the purposes of the income tax, gift tax, and estate tax laws
of the United States, any money or other property donated, bequeathed,
or devised to the Foundation or one of its Endowments and received by
the Chairperson of an Endowment pursuant to authority derived under this
subsection shall be deemed to have been donated, bequeathed, or devised
to or for the use of the United States.
(c) Advisory panels; membership; procedures
The Chairperson of the National Endowment for the Arts shall utilize
advisory panels to review applications, and to make recommendations to
the National Council on the Arts in all cases except cases in which the
Chairperson exercises authority delegated under section 955(f) of this
title. When reviewing applications, such panels shall recommend
applications for projects, productions, and workshops solely on the
basis of artistic excellence and artistic merit. The Chairperson shall
issue regulations and establish procedures --
(1) to ensure that all panels are composed, to the extent
practicable, of individuals reflecting a wide geographic, ethnic, and
minority representation as well as individuals reflecting diverse
artistic and cultural points of view;
(2) to ensure that all panels include representation of lay
individuals who are knowledgeable about the arts but who are not engaged
in the arts as a profession and are not members of either artists'
organizations or arts organizations;
(3) to ensure that, when feasible, the procedures used by panels to
carry out their responsibilities are standardized;
(4) to require panels --
(A) to create written records summarizing --
(i) all meetings and discussions of such panel; and
(ii) the recommendations made by such panel to the Council; and
(B) to make such records available to the public in a manner that
protects the privacy of individual applicants and panel members;
(5) to require, when necessary and feasible, the use of site
visitations to view the work of the applicant and deliver a written
report on the work being reviewed, in order to assist panelists in
making their recommendations; and
(6) to require that the membership of each panel change substantially
from year to year and to provide that each individual is ineligible to
serve on a panel for more than 3 consecutive years.
In making appointments to panels, the Chairperson shall ensure that
an individual who has a pending application for financial assistance
under this subchapter, or who is an employee or agent of an organization
with a pending application, does not serve as a member of any panel
before which such application is pending. The prohibition described in
the preceding sentence shall commence with respect to such individual
beginning on the date such application is submitted and shall continue
for so long as such application is pending.
(d) Endowment activities reports
The Chairperson of the National Endowment for the Arts and the
Chairperson of the National Endowment for the Humanities shall each
submit an annual report to the President for transmittal to the Congress
on or before the 15th day of April of each year. The report shall
summarize the activities of the Endowment for the preceding year, and
may include such recommendations as the Chairperson deems appropriate.
(e) Council activities reports
The National Council on the Arts and the National Council on the
Humanities, respectively, may each submit an annual report to the
President for transmittal to the Congress on or before the 15th day of
April of each year setting forth a summary of its activities during the
preceding year or its recommendations for any measures which it
considers necessary or desirable.
(f) Post-award evaluation of assisted projects, productions, and
programs; reports; extension of time for compliance; failure to
satisfy purposes of assistance
(1) The Chairperson of the National Endowment for the Arts and the
Chairperson of the National Endowment for the Humanities shall conduct a
post-award evaluation of projects, productions, and programs for which
financial assistance is provided by their respective Endowments under
sections 954(c) and 956(c) of this title. Such evaluation may include
an audit to determine the accuracy of the reports required to be
submitted by recipients under clauses (i) and (ii) of paragraph (2)(A).
As a condition of receiving such financial assistance, a recipient shall
comply with the requirements specified in paragraph (2) that are
applicable to the project, production, or program for which such
financial assistance is received.
(2)(A) The recipient of financial assistance provided by either of
the Endowments shall submit to the Chairperson of the Endowment involved
--
(i) a financial report containing such information as the Chairperson
deems necessary to ensure that such financial assistance is expended in
accordance with the terms and conditions under which it is provided;
(ii) a report describing the project, production, or program carried
out with such financial assistance; and
(iii) if practicable, as determined by the Chairperson, a copy of
such project, production, or program.
(B) Such recipient shall comply with the requirements of this
paragraph not later than 90 days after the end of the period for which
such financial assistance is provided. The Chairperson may extend the
90-day period only if the recipient shows good cause why such an
extension should be granted.
(3) If such recipient substantially fails to satisfy the purposes for
which such financial assistance is provided and the criteria specified
in subsection (c)(3)(A) /1/ of this section, as determined by the
Chairperson of the Endowment that provided such financial assistance,
then such Chairperson may --
(A) for purposes of determining whether to provide any subsequent
financial assistance, take into consideration the results of the
post-award evaluation conducted under this subsection;
(B) prohibit the recipient of such financial assistance to use the
name of, or in any way associate such project, production, or program
with the Endowment that provided such financial assistance; and
(C) if such project, production, or program is published, require
that the publication contain the following statement: ''The opinions,
findings, conclusions, and recommendations expressed herein do not
reflect the views of the National Endowment for the Arts or the National
Endowment for the Humanities.''
(Pub. L. 89-209, 10, Sept. 29, 1965, 79 Stat. 852; Pub. L. 90-348,
5, June 18, 1968, 82 Stat. 186; Pub. L. 91-346, 5(a)(3), 10, 11,
July 20, 1970, 84 Stat. 443, 446; Pub. L. 93-133, 2(a)(9), (10), Oct.
19, 1973, 87 Stat. 465; Pub. L. 96-496, title I, 107, Dec. 4, 1980, 94
Stat. 2588; redesignated title I, 10, Pub. L. 98-306, 2, May 31,
1984, 98 Stat. 223; redesignated 10 and amended Pub. L. 99-194, title
I, 101(1), 110, Dec. 20, 1985, 99 Stat. 1332, 1339; Pub. L. 101-512,
title III, 318 (title I, 109), Nov. 5, 1990, 104 Stat. 1960, 1970.)
The civil service laws, referred to in subsec. (a)(3), are set forth
in Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
The income tax, gift tax, and estate tax laws of the United States,
referred to in subsec. (b)(4), are classified generally to Title 26,
Internal Revenue Code.
In subsec. (a)(5), reference to ''section 5703 of title 5''
substituted for ''law (5 U.S.C. 73b-2)'' on authority of Pub. L.
89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
enacted Title 5, Government Organization and Employees.
1990 -- Subsec. (a). Pub. L. 101-512, 318 (title I, 109(5)(A)),
redesignated concluding provisions of subsec. (a) as subsec. (b).
Subsec. (a)(4). Pub. L. 101-512, 318 (title I, 109(1)(A)), struck
out ''from time to time, as appropriate,'' after ''to utilize''.
Subsec. (a)(6). Pub. L. 101-512, 318 (title I, 109(1)(B)),
substituted ''section 3324 of title 31'' for ''the provisions of section
3648 of the Revised Statutes (31 U.S.C. 529)''.
Subsec. (b). Pub. L. 101-512, 318 (title I, 109(9)), which directed
amendment of this section by striking the sixth sentence and all that
follows through ''pending.'' was executed by striking all that follows
through ''pending.'' the second place it appeared to reflect the
probable intent of Congress. The provisions struck out read as follows:
''In selecting panels of experts under clause (4) to review and make
recommendations with respect to the approval of applications for
financial assistance under this subchapter, each Chairperson shall
appoint individuals who have exhibited expertise and leadership in the
field under review, who broadly represent diverse characteristics in
terms of aesthetic or humanistic perspective, and geographical factors,
and who broadly represent cultural diversity. Each Chairperson shall
assure that the membership of panels changes substantially from year to
year, and that no more than 20 per centum of the annual appointments
shall be for service beyond the limit of three consecutive years on a
subpanel. In making appointments, each Chairperson shall give due
regard to the need for experienced as well as new members on each panel.
Panels of experts appointed to review or make recommendations with
respect to the approval of applications or projects for funding by the
National Endowment for the Arts shall, when reviewing such applications
and projects, recommend for funding only applications and projects that
in the context in which they are presented, in the experts' view, foster
excellence, are reflective of exceptional talent, and have significant
literary, scholarly, cultural, or artistic merit. Whenever there is
pending an application submitted by an individual for financial
assistance under section 954(c) of this title, such individual may not
serve as a member of any subpanel (or panel where a subpanel does not
exist) before which such application is pending. The prohibition
described in the previous sentence shall commence on the date the
application is submitted and continue for so long as the application is
pending.''
Pub. L. 101-512, 318 (title I, 109(8)), which directed amendment of
the fifth sentence of this section by making the substitution for ''For
the purpose'', was executed by substituting ''(4) For the purposes'' for
''For the purposes'' to reflect the probable intent of Congress.
Pub. L. 101-512, 318 (title I, 109(4)-(7)), redesignated concluding
provisions of subsec. (a) as subsec. (b), inserted pars. (1), (2),
and (3) designations, and struck out ''(A)'' before ''without
designation'' and ''(B)'' before ''without condition''. Former subsec.
(b) redesignated (d).
Subsecs. (c) to (e). Pub. L. 101-512, 318 (title I, 109(3), (4),
(9)), added subsec. (c), redesignated former subsecs. (b) and (c) as
(d) and (e), respectively, and struck out former subsec. (e) which
related to studies and reports on the state and quality of arts and
humanities education in public elementary and secondary schools. Former
subsec. (d) redesignated (f).
Subsec. (f). Pub. L. 101-512, 318 (title I, 109(2)-(4)),
redesignated subsec. (d) as (f) and, in par. (3), substituted
''subsection (c)(3)(A) of this section'' for ''the last sentence of
subsection (a) of this section'', and struck out former subsec. (f)
which related to report to Congress on selection of experts for
appointment to panels, and procedures for recommendations on financial
assistance applications.
1985 -- Subsec. (a). Pub. L. 99-194, 110(1), substituted
''Chairperson'' for ''Chairman'' in two places in provisions preceding
cl. (1); in cl. (1) substituted ''the chairperson'' and ''the
chairperson's'' for ''he'' and ''his'', respectively; in cl. (2)
substituted ''Chairperson'' for ''Chairman'' wherever appearing; in cl.
(3) substituted ''the Chairperson's'' for ''his''; in cl. (4)
substituted ''section 3109 of title 5'' for ''section 15 of the
Administrative Expenses Act of 1946, as amended (5 U.S.C. 55a)'' and
struck out proviso that any advisory panel appointed to review or make
recommendations with respect to the approval of applications or projects
for funding was to have broad geographic and culturally diverse
representation; and in provisions following par. (8) substituted
''Chairperson'' for ''Chairman'' wherever appearing and inserted
provisions relating to the selection of a panel of experts to review
financial assistance applications and the considerations to be made in
the review of such applications.
Subsec. (b). Pub. L. 99-194, 110(2), substituted ''Chairperson'' for
''Chairman'' wherever appearing.
Subsecs. (d) to (f). Pub. L. 99-194, 110(3), added subsecs. (d) to
(f). Former subsec. (d), relating to studies and reports to the
President and the Congress on endowment uses of donations, bequests, and
devises, was struck out.
1980 -- Subsec. (a)(4). Pub. L. 96-496, 107(a), inserted ''and
culturally diverse''.
Subsecs. (b), (c). Pub. L. 96-496, 107(b), (c), substituted
''April'' for ''January''.
Subsec. (d). Pub. L. 96-496, 107(d), added subsec. (d).
1973 -- Subsec. (a)(2). Pub. L. 93-133, 2(a)(9), added exception
that a Chairman may receive a gift without a recommendation from the
Council to provide support for any application or project which can be
approved without Council recommendation under the provisions of sections
955(f) and 957(f) of this title, and may receive a gift of $15,000 or
less without Council recommendation when the Council fails to recommend
within a reasonable period of time.
Subsec. (a)(4). Pub. L. 93-133, 2(a)(10), inserted proviso that any
advisory panel appointed to review or make recommendations with respect
to the approval of applications or projects for funding shall have broad
geographic representation.
1970 -- Subsec. (a)(2). Pub. L. 91-346, 5(a)(3), struck out
reference to the functions transferred by section 955(a) of this title.
Subsec. (a)(3) to (5). Pub. L. 91-346, 11(1)-(3), inserted ''to''
at beginning of cls. (3) to (5).
Subsec. (a)(6) to (8). Pub. L. 91-346, 10, 11(4), (5),
redesignated cls. (6) and (7), and all references thereto, as cls. (7)
and (8), added new cl. (6), and inserted ''to'' at beginning of cls.
(7) and (8).
1968 -- Subsec. (a). Pub. L. 90-348 combined provisions of cls. (2)
and (3) into cl. (2), and, in cl. (2) as thus combined, extended the
area for the exercise of discretion of the Chairman of an Endowment,
after receiving the recommendation of the National Council of that
Endowment, in the disposition of gifts to include both gifts made with
condition and gifts made without condition, redesignated cls. (4) to
(8) as (3) to (7), and in provisions following cl. (7), struck out
references to cls. (2) and (3) wherever appearing.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out as a note under section 951 of
this title.
Amendment by section 5(a)(3) of Pub. L. 91-346 effective after June
30, 1970, see section 5(d)(3)(A) of Pub. L. 91-346, set out as a note
under section 955 of this title.
/1/ So in original. Subsec. (c)(3) of this section does not contain
a subpar. (A).
20 USC 960. Authorization of appropriations
TITLE 20 -- EDUCATION
(a) Contracts, grants-in-aid, and loans to groups, individuals,
public agencies, and private nonprofit organizations; availability of
appropriations; guidelines
(1)(A)(i) For the purpose of carrying out section 954(c) of this
title, there are authorized to be appropriated to the National Endowment
for the Arts $125,800,000 for fiscal year 1991 and such sums as may be
necessary for fiscal years 1992 and 1993.
(ii) For fiscal years --
(I) 1991 and 1992 not less than 25 percent of the amount appropriated
for the respective fiscal year; and
(II) 1993 not less than 27.5 percent of the amount appropriated for
such fiscal year;
shall be for carrying out section 954(g) of this title.
(iii) For fiscal years --
(I) 1991 and 1992 not less than 5 percent of the amount appropriated
for the respective fiscal year; and
(II) 1993 not less than 7.5 percent of the amount appropriated for
such fiscal year;
shall be for carrying out programs under section 954(p)(2) of this
title (relating to programs to expand public access to the arts in rural
and innercity areas). Not less than 50 percent of the funds required by
this clause to be used for carrying out such programs shall be used for
carrying out such programs in rural areas.
(B) For the purpose of carrying out section 956(c) of this title,
there are authorized to be appropriated to the National Endowment for
the Humanities $119,900,000 for fiscal year 1991 and such sums as may be
necessary for fiscal years 1992 and 1993. Of the sums so appropriated
for any fiscal year, not less than 20 per centum shall be for carrying
out section 956(f) of this title.
(2)(A) There are authorized to be appropriated for each fiscal year
ending before October 1, 1993, to the National Endowment for the Arts an
amount equal to the sum of --
(i) the total amounts received by such Endowment under section
959(a)(2) of this title, including the value of property donated,
bequeathed, or devised to such Endowment; and
(ii) the total amounts received by the grantees of such Endowment
from non-Federal sources, including the value of property donated,
bequeathed, or devised to such grantees, for use in carrying out
projects and other activities under paragraph (1) through paragraph (10)
of section 954(c) of this title;
except that the amounts so appropriated to the National Endowment for
the Arts shall not exceed $13,000,000 for fiscal year 1991 and such sums
as may be necessary for fiscal years 1992 and 1993.
(B) There are authorized to be appropriated for each fiscal year
ending before October 1, 1993, to the National Endowment for the
Humanities an amount equal to the sum of --
(i) the total amounts received by such Endowment under section
959(a)(2) of this title, including the value of property donated,
bequeathed, or devised to such Endowment; and
(ii) the total amounts received by the grantees and subgrantees of
such Endowment from non-Federal sources, including the value of property
donated, bequeathed, or devised to such grantees and subgrantees, for
use in carrying out activities under paragraph (1) through paragraph
(10) of section 956(c) of this title;
except that the amounts so appropriated to the National Endowment for
the Humanities shall not exceed $12,000,000 for fiscal year 1991 and
such sums as may be necessary for fiscal years 1992 and 1993.
(3)(A) There are authorized to be appropriated for each fiscal year
ending before October 1, 1993, to the National Endowment for the Arts an
amount equal to the sum of --
(i) the total amounts received by such Endowment, including the value
of property donated, bequeathed, or devised to such Endowment, for the
purposes set forth in section 954(p)(1) of this title pursuant to the
authority of section 959(a)(2) of this title; and
(ii) the total amounts received by the grantees of such Endowment
from non-Federal sources, including the value of property donated,
bequeathed, or devised to such grantees, for use in carrying out
activities under subparagraph (A) through subparagraph (F) of section
954(p)(1) of this title;
except that the amounts so appropriated to such Endowment shall not
exceed $15,000,000 for fiscal year 1991 and such sums as may be
necessary for fiscal years 1992 and 1993.
(B) There are authorized to be appropriated for each fiscal year
ending before October 1, 1993, to the National Endowment for the
Humanities an amount equal to the sum of --
(i) the total amounts received by such Endowment, including the value
of property donated, bequeathed, or devised to such Endowment, for the
purposes set forth in section 956(h)(1) of this title pursuant to the
authority of section 959(a)(2) of this title; and
(ii) the total amounts received by the grantees of such Endowment
from non-Federal sources, including the value of property donated,
bequeathed, or devised to such grantees, for use in carrying out
activities under subparagraph (A) through subparagraph (F) of section
956(h)(1) of this title;
except that the amounts so appropriated to such Endowment shall not
exceed $15,150,000 for fiscal year 1991 and such sums as may be
necessary for fiscal years 1992 and 1993.
(C) Sums appropriated pursuant to subparagraph (A) and subparagraph
(B) for any fiscal year shall remain available for obligation and
expenditure until expended.
(4) The Chairperson of the National Endowment for the Arts and the
Chairperson of the National Endowment for the Humanities, as the case
may be, shall issue guidelines to implement the provisions of paragraph
(2) and paragraph (3). Such guidelines shall be consistent with the
requirements of section 954(e), section 954(l)(2), /1/ section 956(f),
and section 956(h)(2) of this title, as the case may be, regarding total
Federal support of activities, programs, projects, or productions
carried out under authority of this subchapter.
(b) Availability of appropriated unexpended funds; notice of
availability of funds by advance appropriation
(1) Sums appropriated pursuant to subsection (a) of this section for
any fiscal year shall remain available for obligation and expenditure
until expended.
(2) In order to afford adequate notice to interested persons of
available assistance under this subchapter, appropriations authorized
under subsection (a) of this section are authorized to be included in
the measure making appropriations for the fiscal year preceding the
fiscal year for which such appropriations become available for
obligation.
(c) Administrative appropriations
(1) There are authorized to be appropriated to the National Endowment
for the Arts $21,200,000'' /2/ for fiscal year 1991 and such sums as may
be necessary for fiscal years 1992 and 1993, to administer the
provisions of this subchapter, or any other program for which the
Chairperson of the National Endowment for the Arts is responsible,
including not to exceed $50,000 for each such fiscal year for official
reception and representation expenses. The total amount which may be
obligated or expended for such expenses for any fiscal year through the
use of appropriated funds or any other source of funds shall not exceed
$50,000.
(2) There are authorized to be appropriated to the National Endowment
for the Humanities $17,950,000 for fiscal year 1991 and such sums as may
be necessary for fiscal years 1992 and 1993, to administer the
provisions of this subchapter, or any other program for which the
Chairperson of the National Endowment for the Humanities is responsible,
including not to exceed $50,000 for each such fiscal year for official
reception and representation expenses. The total amount which may be
obligated or expended for such expenses for any fiscal year through the
use of appropriated funds or any other source of funds shall not exceed
$50,000.
(d) Total amount of appropriations
(1) The total amount of appropriations to carry out the activities of
the National Endowment for the Arts shall not exceed --
(A) $167,060,000 for fiscal year 1986,
(B) $170,206,400 for fiscal year 1987, and
(C) $177,014,656 for fiscal year 1988.
(2) The total amount of appropriations to carry out the activities
for the National Endowment for the Humanities shall not exceed --
(A) $139,878,000 for fiscal year 1986,
(B) $145,057,120 for fiscal year 1987, and
(C) $150,859,405 for fiscal year 1988.
(e) Prohibition of grants to production workshops using admission
proceeds for unauthorized purposes
No grant shall be made to a workshop (other than a workshop conducted
by a school, college, or university) for a production for which a direct
or indirect admission charge is asked if the proceeds, after deducting
reasonable costs, are used for purposes other than assisting the grantee
to develop high standards of artistic excellence or encourage greater
appreciation of the arts and humanities by our citizens.
(f) Availability of appropriations for arts education
(1) Subject to subparagraph (2), in any fiscal year in which the
aggregate amount appropriated to the National Endowment for the Arts
exceeds $175,000,000, 50 percent of such excess shall be available to
carry out section 954a of this title.
(2) In each fiscal year, the amount made available to carry out
section 954a of this title shall not exceed $40,000,000, in the
aggregate.
(3) Funds made available to carry out section 954a of this title
shall remain available until expended.
(Pub. L. 89-209, 11, Sept. 29, 1965, 79 Stat. 853; Pub. L. 90-348,
6, June 18, 1968, 82 Stat. 187; Pub. L. 91-346, 5(a)(4), 12, July
20, 1970, 84 Stat. 444, 446; Pub. L. 93-133, 2(a)(11), Oct. 19, 1973,
87 Stat. 465; Pub. L. 94-462, title I, 106(a), title III, 302, title
IV, 401(b), Oct. 8, 1976, 90 Stat. 1974, 1980, 1981; Pub. L. 94-555,
title II, 219(b), Oct. 19, 1976, 90 Stat. 2629; Pub. L. 96-496, title
I, 108, Dec. 4, 1980, 94 Stat. 2589; redesignated title I, 11, and
amended Pub. L. 98-306, 2, 7, May 31, 1984, 98 Stat. 223, 224;
redesignated 11 and amended Pub. L. 99-194, title I, 101(1), 111,
Dec. 20, 1985, 99 Stat. 1332, 1342; Pub. L. 99-362, 1, July 9, 1986,
100 Stat. 769; Pub. L. 101-512, title III, 318 (title I, 103(i)(2),
110), Nov. 5, 1990, 104 Stat. 1960, 1966, 1972.)
Section 954(l)(2) of this title, referred to in subsec. (a)(4), was
redesignated section 954(p)(3) by Pub. L. 101-512, title III, 318
(title I, 103(g)(1), (h)(1), 104(2)), Nov. 5, 1990, 104 Stat. 1960,
1964, 1965, 1966.
This subchapter, Pub. L. 89-209, Sept. 29, 1965, 79 Stat. 845,
consisted originally of additional sections 12, 13, and 14 which were
classified to prior sections 961, 962, and 963 of this title and were
repealed. For further details, see Prior Provisions notes set out under
sections 961 to 963 of this title.
1990 -- Subsec. (a)(1)(A). Pub. L. 101-512, 318 (title I, 110(a)),
designated existing provisions as cl. (i), substituted ''$125,800,000
for fiscal year 1991 and such sums as may be necessary for fiscal years
1992 and 1993'' for ''$121,678,000 for fiscal year 1986, $123,425,120
for fiscal year 1987, $128,362,125 for fiscal year 1988, and such sums
as may be necessary for each of the fiscal years 1989 and 1990'', struck
out at end ''Of the sums so appropriated for any fiscal year, not less
than 20 per centum shall be for carrying out section 954(g) of this
title.'', and added cls. (ii) and (iii).
Subsec. (a)(1)(B). Pub. L. 101-512, 318 (title I, 110(b)),
substituted ''$119,900,000 for fiscal year 1991 and such sums as may be
necessary for fiscal years 1992 and 1993'' for ''$95,207,000 for fiscal
year 1986, $99,015,280 for fiscal year 1987, $102,975,891 for fiscal
year 1988, and such sums as may be necessary for each of the fiscal
years 1989 and 1990;''.
Subsec. (a)(1)(C). Pub. L. 101-512, 318 (title I, 110(c)), struck
out subpar. (C) which related to appropriations for the National
Endowment for the Arts for the fiscal year ending September 30, 1977.
Subsec. (a)(2)(A). Pub. L. 101-512, 318 (title I, 110(d)(1)),
substituted ''1993'' for ''1990'' in introductory provisions and
''paragraph (10)'' for ''paragraph (8)'' in cl. (ii), and in closing
provisions substituted ''$13,000,000 for fiscal year 1991 and such sums
as may be necessary for fiscal years 1992 and 1993'' for ''$8,820,000
for fiscal year 1986, $9,172,800 for fiscal year 1987, $9,539,712 for
fiscal year 1988, and such sums as may be necessary for each of the
fiscal years 1989 and 1990''.
Subsec. (a)(2)(B). Pub. L. 101-512, 318 (title I, 110(d)(2)),
substituted ''1993'' for ''1990'' in introductory provisions and
''paragraph (10)'' for ''paragraph (9)'' in cl. (ii), and in closing
provisions substituted ''$12,000,000 for fiscal year 1991 and such sums
as may be necessary for fiscal years 1992 and 1993'' for ''$10,780,000
for fiscal year 1986, $11,211,200 for fiscal year 1987, $11,659,648 for
fiscal year 1988, and such sums as may be necessary for each of the
fiscal years 1989 and 1990''.
Subsec. (a)(3)(A). Pub. L. 101-512, 318 (title I, 110(d)(3)), in
introductory provisions, substituted ''1993'' for ''1990'' and in
closing provisions, substituted ''$15,000,000 for fiscal year 1991 and
such sums as may be necessary for fiscal years 1992 and 1993'' for
''$20,580,000 for fiscal year 1986, $21,403,200 for fiscal year 1987,
$22,259,328 for fiscal year 1988, and such sums as may be necessary for
each of the fiscal years 1989 and 1990''.
Subsec. (a)(3)(A)(i), (ii). Pub. L. 101-512, 318 (title I,
103(i)(2)(A)(i)), substituted ''954(p)(1)'' for ''954(l)(1)''.
Subsec. (a)(3)(B). Pub. L. 101-512, 318 (title I, 110(d)(4)), in
introductory provisions, substituted ''1993'' for ''1990'' and in
closing provisions, substituted ''$15,150,000 for fiscal year 1991 and
such sums as may be necessary for fiscal years 1992 and 1993'' for
''$19,600,000 for fiscal year 1986, $20,384,000 for fiscal year 1987,
$21,199,360 for fiscal year 1988, and such sums as may be necessary for
each of the fiscal years 1989 and 1990''.
Subsec. (a)(3)(C). Pub. L. 101-512, 318 (title I, 110(e)),
redesignated subpar. (D) as (C) and struck out former subpar. (C)
which read as follows: ''If either Chairperson determines at the end of
the ninth month of any fiscal year that funds which would otherwise be
available under this paragraph to an Endowment cannot be used, the
Chairperson shall transfer such funds to the other Endowment for the
purposes described in section 954(p)(1) or section 956(h)(1) of this
title, as may be necessary.''
Pub. L. 101-512, 318 (title I, 103(i)(2)(A)(ii)), substituted
''954(p)(1)'' for ''954(l)(1)''.
Subsec. (a)(3)(D). Pub. L. 101-512, 318 (title I, 110(e)(2)),
redesignated subpar. (D) as (C).
Subsec. (a)(4). Pub. L. 101-512, 318 (title I, 103(i)(2)(B)), which
directed the substitution of ''954(p)(1)'' for ''954(l)(1)'', could not
be executed because ''954(l)(1)'' does not appear in text.
Subsec. (c)(1). Pub. L. 101-512, 110(f)((1)), substituted
''$21,200,000'' for fiscal year 1991 and such sums as may be necessary
for fiscal years 1992 and 1993'' for ''$15,982,000 for fiscal year 1986,
$16,205,280 for fiscal year 1987, $16,853,491 for fiscal year 1988, and
such sums as may be necessary for each of the fiscal years 1989 and
1990'' and ''$50,000'' for ''$35,000'' wherever appearing.
Subsec. (c)(2). Pub. L. 101-512, 110(f)(2), substituted
''$17,950,000 for fiscal year 1991 and such sums as may be necessary for
fiscal years 1992 and 1993'' for ''$14,291,000 for fiscal year 1986,
$14,446,640 for fiscal year 1987, $15,024,506 for fiscal year 1988, and
such sums as may be necessary for each of the fiscal years 1989 and
1990'' and ''$50,000'' for ''$35,000'' wherever appearing.
Subsec. (f). Pub. L. 101-512, 110(g), added subsec. (f).
1986 -- Subsec. (a)(2)(A)(ii). Pub. L. 99-362, 1(1), substituted
''paragraph (8)'' for ''paragraph (5)''.
Subsec. (a)(2)(B)(ii). Pub. L. 99-362, 1(2), substituted ''paragraph
(9)'' for ''paragraph (7)''.
1985 -- Subsec. (a)(1)(A). Pub. L. 99-194, 111(a)(1), substituted
''$121,678,000 for fiscal year 1986, $123,425,120 for fiscal year 1987,
$128,362,125 for fiscal year 1988, and such sums as may be necessary for
each of the fiscal years 1989 and 1990'' for ''$115,500,000 for fiscal
year 1981, $127,000,000 for fiscal year 1982, $140,000,000 for fiscal
year 1983, $128,500,000 for fiscal year 1984, and such sums as may be
necessary for fiscal year 1985''.
Subsec. (a)(1)(B). Pub. L. 99-194, 111(a)(2), substituted
''$95,207,000 for fiscal year 1986, $99,015,280 for fiscal year 1987,
$102,975,891 for fiscal year 1988, and such sums as may be necessary for
each of the fiscal years 1989 and 1990;'' for ''$114,500,000 for fiscal
year 1981, $126,000,000 for fiscal year 1982, $138,500,000 for fiscal
year 1983, $127,000,000 for fiscal year 1984, and such sums as may be
necessary for fiscal year 1985''.
Subsec. (a)(2)(A). Pub. L. 99-194, 111(b)(1)(A), substituted
''October 1, 1990'' for ''October 1, 1985'' and ''$8,820,000 for fiscal
year 1986, $9,172,800 for fiscal year 1987, $9,539,712 for fiscal year
1988, and such sums as may be necessary for each of the fiscal years
1989 and 1990'' for ''$18,500,000 for fiscal year 1981, $18,500,000 for
fiscal year 1982, $18,500,000 for fiscal year 1983, $10,000,000 for
fiscal year 1984, and such sums as may be necessary for fiscal year
1985''.
Subsec. (a)(2)(B). Pub. L. 99-194, 111(b)(1)(B), substituted
''October 1, 1990'' for ''October 1, 1985'' in provisions preceding cl.
(i), substituted ''grantees and subgrantees'' for ''grantees'' in two
places in cl. (ii), and in provisions following cl. (ii) substituted
''$10,780,000 for fiscal year 1986, $11,211,200 for fiscal year 1987,
$11,659,648 for fiscal year 1988, and such sums as may be necessary for
each of the fiscal years 1989 and 1990'' for ''$12,500,000 for fiscal
year 1981, $14,000,000 for fiscal year 1982, $15,000,000 for fiscal year
1983, $11,500,000 for fiscal year 1984, and such sums as may be
necessary for fiscal year 1985''.
Subsec. (a)(3)(A). Pub. L. 99-194, 111(b)(2)(A), substituted
''October 1, 1990'' for ''October 1, 1985'' and ''$20,580,000 for fiscal
year 1986, $21,403,200 for fiscal year 1987, $22,259,328 for fiscal year
1988, and such sums as may be necessary for each of the fiscal years
1989 and 1990'' for ''$27,000,000 for fiscal year 1981, $30,000,000 for
fiscal year 1982, $32,500,000 for fiscal year 1983, $28,000,000 for
fiscal year 1984, and such sums as may be necessary for fiscal year
1985''.
Subsec. (a)(3)(B). Pub. L. 99-194, 111(b)(2)(B), substituted
''October 1, 1990'' for ''October 1, 1985'' and ''$19,600,000 for fiscal
year 1986, $20,384,000 for fiscal year 1987, $21,199,360 for fiscal year
1988, and such sums as may be necessary for each of the fiscal years
1989 and 1990'' for ''$30,000,000 for fiscal year 1981, $33,000,000 for
fiscal year 1982, $36,000,000 for fiscal year 1983, $20,000,000 for
fiscal year 1984, and such sums as may be necessary for fiscal year
1985''.
Subsec. (a)(3)(C). Pub. L. 99-194, 111(b)(2)(C), substituted
''either Chairperson'' for ''either Chairman'' and ''the Chairperson''
for ''he''.
Subsec. (a)(4). Pub. L. 99-194, 111(b)(3), substituted
''Chairperson'' for ''Chairman'' wherever appearing.
Subsec. (c)(1). Pub. L. 99-194, 111(c)(1), (3), substituted
''$15,982,000 for fiscal year 1986, $16,205,280 for fiscal year 1987,
$16,853,491 for fiscal year 1988, and such sums as may be necessary for
each of the fiscal years 1989 and 1990'' for ''$14,000,000 for fiscal
year 1981, $15,000,000 for fiscal year 1982, $16,000,000 for fiscal year
1983, $17,000,000 for fiscal year 1984, and $18,000,000 for fiscal year
1985'' and ''Chairperson'' for ''Chairman''.
Subsec. (c)(2). Pub. L. 99-194, 111(c)(2), (3), substituted
''$14,291,000 for fiscal year 1986, $14,446,640 for fiscal year 1987,
$15,024,506 for fiscal year 1988, and such sums as may be necessary for
each of the fiscal years 1989 and 1990'' for ''$13,000,000 for fiscal
year 1981, $14,500,000 for fiscal year 1982, $15,500,000 for fiscal year
1983, $16,500,000 for fiscal year 1984, and $17,500,000 for fiscal year
1985'' and ''Chairperson'' for ''Chairman''.
Subsecs. (d), (e). Pub. L. 99-194, 111(d), added subsec. (d),
redesignated former subsec. (d) as (e), and struck out ''under this
subchapter'' after ''No grant shall be made''.
1984 -- Subsec. (a)(1)(A). Pub. L. 98-306, 7(a)(1)(A), substituted
''$128,500,000 for fiscal year 1984, and such sums as may be necessary''
for ''$154,000,000 for fiscal year 1984, and $170,000,000''.
Subsec. (a)(1)(B). Pub. L. 98-306, 7(a)(1)(B), substituted
''$127,000,000 for fiscal year 1984, and such sums as may be necessary''
for ''$152,000,000 for fiscal year 1984, and $167,500,000''.
Subsec. (a)(2)(A). Pub. L. 98-306, 7(a)(2)(A), substituted
''$10,000,000 for fiscal year 1984, and such sums as may be necessary''
for ''$20,000,000 for fiscal year 1984, and $22,500,000''.
Subsec. (a)(2)(B). Pub. L. 98-306, 7(a)(2)(B), substituted
''$11,500,000 for fiscal year 1984, and such sums as may be necessary''
for ''$16,500,000 for fiscal year 1984, and $18,500,000''.
Subsec. (a)(3)(A). Pub. L. 98-306, 7(a)(3)(A), substituted
''$28,000,000 for fiscal year 1984, and such sums as may be necessary''
for ''$36,000,000 for fiscal year 1984, and $40,000,000''.
Subsec. (a)(3)(B). Pub. L. 98-306, 7(a)(3)(B), substituted
''$20,000,000 for fiscal year 1984, and such sums as may be necessary''
for ''$40,000,000 for fiscal year 1984, and $44,000,000''.
Subsec. (d). Pub. L. 98-306, 7(b), inserted ''under this
subchapter''.
1980 -- Subsec. (a)(1)(A). Pub. L. 96-496, 108(a), substituted ''to
the National Endowment for the Arts $115,500,000 for fiscal year 1981,
$127,000,000 for fiscal year 1982, $140,000,000 for fiscal year 1983,
$154,000,000 for fiscal year 1984, and $170,000,000 for fiscal year
1985'' for ''$93,500,000 for fiscal year 1977, $105,000,000 for fiscal
year 1978, and such sums as may be necessary for fiscal years 1979 and
1980''.
Subsec. (a)(1)(B). Pub. L. 96-496, 108(b), substituted
''$114,500,000 for fiscal year 1981, $126,000,000 for fiscal year 1982,
$138,500,000 for fiscal year 1983, $152,000,000 for fiscal year 1984,
and $167,500,000 for fiscal year 1985'' for ''$93,500,000 for fiscal
year 1977, $105,000,000 for fiscal year 1978, and such sums as may be
necessary for fiscal years 1979 and 1980''.
Subsec. (a)(2). Pub. L. 96-496, 108(c), substituted provisions
authorizing appropriations for each fiscal year ending before Oct. 1,
1985, for the National Endowments for the Arts and for the Humanities
for provisions authorizing appropriations for such endowments for each
fiscal year ending prior to Oct. 1, 1980.
Subsec. (a)(3)(A). Pub. L. 96-496, 108(d), substituted provisions
authorizing appropriations for each fiscal year ending before Oct. 1,
1985, for the National Endowment for the Arts for provisions authorizing
appropriations for such endowment for fiscal years ending before Oct.
1, 1980.
Subsec. (a)(3)(B). Pub. L. 96-496, 108(e), substituted provisions
authorizing appropriations for each fiscal year ending before Oct. 1,
1985, for the National Endowment for the Humanities for provisions
authorizing appropriations for such endowment for fiscal years ending
before Oct. 1, 1980.
Subsec. (a)(4). Pub. L. 96-496, 108(f), substituted provisions
authorizing the Chairmen of the National Endowments for the Arts and for
the Humanities to issue guidelines for the implementation of the
provisions of pars. (2) and (3) of this subsection for provisions
authorizing and allocating appropriations for the National Endowment for
the Arts for the purpose of carrying out subsec. (m) of section 954 of
this title.
Subsec. (c). Pub. L. 96-496, 108(g), substituted provisions
authorizing specific appropriations for administrative expenses of the
National Endowments for the Arts and for the Humanities for fiscal years
1981 to 1985 for provisions authorizing appropriations for
administrative expenses of such endowments of such sums as were
necessary.
1976 -- Subsec. (a)(1)(A). Pub. L. 94-462, 106(a)(1)(A),
substituted provisions authorizing appropriations of $93,500,000 for
fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums as
are necessary for fiscal years 1979 and 1980 to carry out section 954(c)
of this title and such sums so appropriated for any fiscal year, not
less than 20 per centum to carry out section 954(g) of this title for
provisions authorizing appropriations of $54,000,000, $90,000,000, and
$113,500,000 for the fiscal years ending June 30, 1974, June 30, 1975,
and June 30, 1976, respectively, to the National Endowment for the Arts
to carry out section 954(c) of this title and to carry out section
954(g) of this title $11,000,000 for the fiscal year ending June 30,
1974 and requiring that not less than 20 per centum of funds
appropriated for section 954(c) of this title may be used only for
purpose of section 954(g) of this title for fiscal years ending June 30,
1975 and June 30, 1976.
Subsec. (a)(1)(B). Pub. L. 94-462, 106(a)(1)(B), substituted
provisions authorizing appropriations of $93,500,000 for fiscal year
1977, $105,000,000 for fiscal year 1978, and such sums as may be
necessary for fiscal years 1979 and 1980, not less than 20 per centum of
such appropriated funds shall be to carry out section 956(f) of this
title for provisions authorizing appropriations of $65,000,000 for the
fiscal year ending June 30, 1974, $90,000,000 for the fiscal year ending
June 30, 1975, and $113,500,000 for the fiscal year ending June 30,
1976.
Subsec. (a)(1)(C). Pub. L. 94-555 added subpar. (C).
Subsec. (a)(2). Pub. L. 94-462, 106(a)(2), substituted ''October 1,
1980'' for ''July 1, 1976'' and provisions authorizing appropriations
not to exceed $20,000,000 for fiscal year 1977, $25,000,000 for fiscal
year 1978, and such sums as may be necessary for fiscal years 1979 and
1980 for provisions authorizing appropriations not to exceed $15,000,000
for fiscal year ending June 30, 1974, $20,000,000 for fiscal year ending
June 30, 1975, and $25,000,000 for fiscal year ending June 30, 1976.
Subsec. (a)(3), (4). Pub. L. 94-462, 302, 401(b), added pars. (3)
and (4).
Subsec. (c). Pub. L. 94-462, 106(a)(3), inserted reference to any
program for which the Chairman of the National Endowment for the Arts or
the Chairman of the National Endowment for the Humanities is
responsible.
1973 -- Subsec. (a)(1). Pub. L. 93-133 incorporated into subpar.
(A) provisions relating to the authorization of appropriation for
carrying out section 954(c) of this title, substituted authorization of
appropriation for fiscal years ending June 30, 1974, 1975, 1976 for such
authorization for fiscal years 1969 through 1973, and inserted
provisions for authorization of appropriation for carrying out section
954(g) of this title, and, in subpar. (B), incorporated provisions of
former subsec. (a) relating to authorization of appropriation for
carrying out section 956(c) of this title, and substituted authorization
of appropriation for fiscal years ending June 30, 1974, 1975, and 1976,
for such authorization for 1969 through 1973.
Subsec. (a)(2). Pub. L. 93-133 incorporated provisions of former
subsec. (b) relating to matching grants and substituted new limitations
for fiscal years ending June 30, 1974, 1975, and 1976 for such
limitations for 1969 through 1973.
Subsec. (b)(1). Pub. L. 93-133 incorporated provisions formerly
contained in subsecs. (a) and (b) relating to the availability of
unexpended appropriated funds.
Subsec. (b)(2). Pub. L. 93-133 added par. (2).
1970 -- Subsec. (a). Pub. L. 91-346, 5(a)(4), 12(a), struck out
reference to the functions transferred by section 955(a) of this title,
added appropriations to the National Endowment for the Arts of
$12,875,000, $21,000,000, and $28,625,000 for the fiscal years ending
June 30, 1971, 1972, and 1973, respectively, for the purpose of carrying
out section 954(c) of this title, and $4,125,000, $5,500,000, and
$6,875,000 for the fiscal years ending June 30, 1971, 1972, and 1973,
respectively, for the purposes of section 954(h) of this title, and
further appropriated to the National Endowment for the Humanities
$17,000,000, $26,500,000, $35,500,000 for the fiscal years ending June
30, 1971, 1972, and 1973, respectively, for the purpose of carrying out
section 956(c) of this title.
Subsec. (b). Pub. L. 91-346, 12(b), placed limitation on
appropriation to each Endowment based on an amount equal to the total of
amounts received by each Endowment under section 959(a)(2) of this title
by placing ceilings of $6,000,000, $7,000,000, and $9,000,000 on the
amounts appropriated for the fiscal years ending June 30, 1971, 1972,
and 1973, respectively.
1968 -- Subsec. (a). Pub. L. 90-348, 6(a), substituted provisions
which authorized for the enumerated purposes appropriations totaling
$8,000,000 for the fiscal year ending June 30, 1969, and $9,000,000 for
the fiscal year ending June 30, 1970 to both the National Endowment for
the Arts and the National Endowment for the Humanities, and which
authorized the Congress to appropriate funds for subsequent fiscal years
for provisions which authorized for grants to groups and individuals for
projects and productions, for grants for activities authorized by the
Chairman of the National Endowment for the Humanities, and for the
functions of the National Council on the Arts in the National Endowment
for the Arts appropriations of $10,000,000 for the fiscal year ending
June 30, 1966, and each of the two succeeding fiscal years, and that the
funds appropriated be equally divided between the Endowments of the
Foundation.
Subsec. (b). Pub. L. 90-348, 6(b), substituted provisions
authorizing appropriations not to exceed $13,500,000 for the fiscal
years ending June 30, 1969, and June 30, 1970, and authorizing the
Congress to appropriate funds for subsequent fiscal years for provisions
authorizing appropriations for the National Endowment for the Arts not
to exceed $2,250,000 for any fiscal year, and authorizing appropriations
for the National Endowment for the Humanities not to exceed $5,000,000
for any fiscal year.
Subsecs. (c) to (e). Pub. L. 90-348, 6(c), (d), struck out subsec.
(c) which authorized appropriations for the National Endowment for the
Arts for each fiscal year, beginning with the fiscal year beginning on
July 1, 1966, of $2,750,000, and redesignated subsecs. (d) and (e) as
(c) and (d), respectively.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403) of Pub. L. 101-512, set out as a note under
section 951 of this title.
Amendment by Pub. L. 94-555 effective on October 1, 1976, see
section 303 of Pub. L. 94-555, set out as a note under section 543 of
Title 45, Railroads.
Section 106(b) of Pub. L. 94-462 provided that: ''The amendments
made by subsection (a) (amending this section) shall be effective with
respect to fiscal year 1977 and succeeding fiscal years.''
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out as a note under section 951 of
this title.
Amendment by section 5(a)(4) of Pub. L. 91-346 effective after June
30, 1970, see section 5(d)(3)(A) of Pub. L. 91-346, set out as a note
under section 955 of this title.
/1/ See References in Text note below.
/2/ So in original. The closing quotation marks probably should not
appear.
20 USC SUBCHAPTER II -- MUSEUM SERVICES
TITLE 20 -- EDUCATION
20 USC 961. Declaration of purpose
TITLE 20 -- EDUCATION
It is the purpose of this subchapter to encourage and assist museums
in their educational role, in conjunction with formal systems of
elementary, secondary, and post-secondary education and with programs of
nonformal education for all age groups; to assist museums in
modernizing their methods and facilities so that they may be better able
to conserve our cultural, historic, and scientific heritage; and to
ease the financial burden borne by museums as a result of their
increasing use by the public.
(Pub. L. 94-462, title II, 202, Oct. 8, 1976, 90 Stat. 1975.)
A prior section 961, Pub. L. 89-209, 12, Sept. 29, 1965, 79 Stat.
854; Pub. L. 90-575, title V, 501, Oct. 16, 1968, 82 Stat. 1061,
related to State educational agencies' acquisition of equipment,
remodeling of laboratories, and making loans to strengthen instruction
in the humanities and the arts, providing in: subsec. (a)
appropriations authorization; subsec. (b) reservation, allotment and
reallotment of funds as provided in section 442(a) and (c) of this
title; subsec. (c) State plan, submission, requirements, terms and
conditions; subsec. (d) approval of State plan by Commissioner,
application of section 584(b) and (c) of this title; subsec. (e)
payments to States as provided in section 444 of this title; and
subsec. (f) administration of loans to schools as provided in section
445 of this title, which provisions were consolidated in section 441 et
seq. of this title, and was repealed by Pub. L. 91-230, title VIII,
807(b), Apr. 13, 1970, 84 Stat. 192.
Section 201 of title II of Pub. L. 94-462 provided that: ''This
title (enacting this subchapter and amending section 958 of this title)
may be cited as the 'Museum Services Act'.''
20 USC 962. Institute of Museum Services; establishment
TITLE 20 -- EDUCATION
There is hereby established within the National Foundation on the
Arts and the Humanities, an Institute of Museum Services. The Institute
shall consist of a National Museum Services Board and a Director of the
Institute.
(Pub. L. 94-462, title II, 203, Oct. 8, 1976, 90 Stat. 1975; Pub.
L. 96-496, title II, 201(a), Dec. 4, 1980, 94 Stat. 2591; Pub. L.
98-306, 8, May 31, 1984, 98 Stat. 225.)
A prior section 962, Pub. L. 89-209, 13, Sept. 29, 1965, 79 Stat.
855, provided for appropriation to the Commissioner of Education of
funds for grants and contracts for operation of institutes to strengthen
the teaching of humanities and the arts, and was repealed by Pub. L.
93-133, 2(a)(12), Oct. 19, 1973, 87 Stat. 465.
1984 -- Pub. L. 98-306 substituted ''within the National Foundation
on the Arts and the Humanities'' for '', within the Department of
Education''.
1980 -- Pub. L. 96-496 substituted ''Department of Education'' for
''Department of Health, Education, and Welfare''.
20 USC 963. National Museum Service Board
TITLE 20 -- EDUCATION
(a) Appointment of voting and nonvoting members
(1) The Board shall consist of fifteen members appointed by the
President, by and with the advice and consent of the Senate. Such
members shall be selected from among citizens of the United States who
are members of the general public and who are --
(A) broadly representative of the various museums, including museums
relating to science, history, technology, art, zoos, and botanical
gardens, and of the curatorial, conservation, educational, and cultural
resources of the United States; and
(B) recognized for their broad knowledge, expertise, or experience in
museums or commitment to museums.
Members shall be appointed to reflect various geographical regions of
the United States. The Board may not include, at any time, more than
three members from a single State. In making such appointments, the
President shall give due regard to equitable representation of women,
minorities, and persons with disabilities who are involved in such
museums.
(2)(A) In addition to members appointed by the President under
paragraph (1), the following persons shall serve as members of the Board
--
(i) the Chairperson of the National Endowment for the Arts;
(ii) the Chairperson of the National Endowment for the Humanities;
(iii) the Secretary of the Smithsonian Institution; and
(iv) the Director of the National Science Foundation.
(B) The members of the Board listed in clause (i) through clause (iv)
of subparagraph (A) shall be nonvoting members.
(b) Term of office; vacancies; reappointment
The term of office of the appointed members of the Board shall be
five years, except that --
(1) any such member appointed to fill a vacancy shall serve only such
portion of a term as shall not have expired at the time of such
appointment; and
(2) in the case of initial members, three shall serve for terms of
five years, three shall serve for terms of four years, three shall serve
for terms of three years, three shall serve for terms of two years, and
three shall serve for terms of one year, as designated by the President
at the time of nomination for appointment.
Any appointed member who has been a member of the Board for more than
seven consecutive years shall thereafter be ineligible for reappointment
to the Board during the three-year period following the expiration of
the last such consecutive year. Notwithstanding any other provision of
this subsection, a member shall serve after the expiration of such
member's term of office until such member's successor takes office.
(c) Designation of Chairperson; quorum
The Chairperson of the Board shall be designated by the President
from among the appointed members of the Board. Except as provided in
subsection (d)(2) of this section, eight appointed members of the Board
shall constitute a quorum.
(d) Meetings of Board
The Board shall meet at the call of the Chairperson, except that --
(1) it shall meet not less than three times each year; and
(2) it shall meet whenever one-third of the appointed members request
a meeting in writing, in which event seven of the appointed members
shall constitute a quorum.
(e) Compensation and travel expenses of members
Members of the Board who are not in the regular full-time employ of
the United States shall receive, while engaged in the business of the
Board, compensation for service at a rate to be fixed by the President,
except that such rate shall not exceed the rate specified at the time of
such service for grade GS-18 set forth in section 5332 of title 5,
including traveltime, and, while so serving away from their homes or
regular places of business, they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by section 5703
of title 5, for persons employed in Government service.
(f) General policies
The Board shall have the responsibility for the general policies with
respect to the powers, duties, and authorities vested in the Institute
under this subchapter. The Director shall make available to the Board
such information and assistance as may be necessary to enable the Board
to carry out its functions.
(g) Coordination with activities of Federal Government
The Board shall, with the advice of the Director, take steps to
assure that the policies and purposes of the Institute are coordinated
with other activities of the Federal Government.
(Pub. L. 94-462, title II, 204, Oct. 8, 1976, 90 Stat. 1975; Pub.
L. 96-496, title II, 201(b), Dec. 4, 1980, 94 Stat. 2592; Pub. L.
98-306, 9, May 31, 1984, 98 Stat. 225; Pub. L. 99-194, title II, 201,
Dec. 20, 1985, 99 Stat. 1344; Pub. L. 101-512, title III, 318 (title
II, 201), Nov. 5, 1990, 104 Stat. 1960, 1974.)
A prior section 963, Pub. L. 89-209, 14, Sept. 29, 1965, 79 Stat.
855, requested the President to make appointments within ninety days
after Sept. 29, 1965, and was repealed by Pub. L. 93-133, 2(a)(12),
Oct. 19, 1973, 87 Stat. 465.
1990 -- Subsec. (a)(1)(A). Pub. L. 101-512, 318 (title II,
201(a)), inserted ''conservation,'' after ''curatorial''.
Subsec. (d)(1). Pub. L. 101-512, 318 (title II, 201(b)),
substituted ''three'' for ''four''.
1985 -- Subsec. (a)(1). Pub. L. 99-194, 201(1)(A), substituted
''Such members shall be selected from among citizens of the United
States who are members of the general public and who are --
''(A) broadly representative of the various museums, including
museums relating to science, history, technology, art, zoos, and
botanical gardens, and of the curatorial, educational, and cultural
resources of the United States; and
''(B) recognized for their broad knowledge, expertise, or experience
in museums or commitment to museums.
Members shall be appointed to reflect various geographical regions of
the United States. The Board may not include, at any time, more than
three members from a single State. In making such appointments, the
President shall give due regard to equitable representation of women,
minorities, and persons with disabilities who are involved in such
museums.'' for ''Such members shall be broadly representative of various
museums, including museums relating to science, history, technology,
art, zoos, and botanical gardens, of the curatorial, educational, and
cultural resources of the United States, and of the general public.''
Subsec. (a)(2)(A)(i), (ii). Pub. L. 99-194, 201(1)(B), substituted
''Chairperson'' for ''Chairman''.
Subsec. (b). Pub. L. 99-194, 201(2), substituted ''such member's''
for ''his'' in two places.
Subsecs. (c), (d). Pub. L. 99-194, 201(3), substituted
''Chairperson'' for ''Chairman'' wherever appearing.
1984 -- Subsec. (a)(2)(A)(v). Pub. L. 98-306, 9(a)(1), struck out
cl. (v) which read ''the Secretary of Education''.
Subsec. (a)(2)(B). Pub. L. 98-306, 9(a)(2), substituted ''clause
(iv)'' for ''clause (v)''.
Subsec. (b). Pub. L. 98-306, 9(b), inserted ''Notwithstanding any
other provision of this subsection, a member shall serve after the
expiration of his term of office until his successor takes office.''
Subsec. (c). Pub. L. 98-306, 9(c), substituted ''Except as provided
in subsection (d)(2) of this section, eight'' for ''Eight''.
Subsec. (d)(2). Pub. L. 98-306, 9(d), substituted ''seven'' for
''eight''.
1980 -- Subsec. (a)(2)(A)(v). Pub. L. 96-496 substituted
''Secretary'' for ''Commissioner''.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
20 USC 963a. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 98-146, title II, Nov. 4, 1983, 97 Stat. 949,
which directed that persons serving on Museum Services Board continue
until their successors are qualified for office, was omitted as
superseded. See section 963(b) of this title as amended by Pub. L.
98-306. Similar provisions were contained in Pub. L. 97-394, title II,
Dec. 30, 1982, 96 Stat. 1994.
20 USC 964. Director of Institute
TITLE 20 -- EDUCATION
(a) Appointment and compensation; delegation of functions
(1) The Director of the Institute shall be appointed by the
President, by and with the advice and consent of the Senate, and shall
serve at the pleasure of the President. The Director shall perform such
duties and exercise such powers as the Board may prescribe.
(2) The Director shall not delegate any of the Director's functions
to any other officer who is not directly responsible to the Director.
(b) Coordination with Federal agencies and organizations
The Director shall advise the Board regarding policies of the
Institute to assure coordination of the Institute's activities with
other agencies and organizations of the Federal Government having
interest in and responsibilities for the improvement of museums. Such
Government agencies shall include the National Endowment for the Arts,
the National Endowment for the Humanities, the National Science
Foundation, appropriate units in the Department of Education, the
Library of Congress, and the Smithsonian Institution and related
organizations.
(c) Appointment and compensation of technical and professional
employees
The Director may appoint without regard to the provisions of title 5,
governing appointment in the competitive service and may compensate
without regard to the provisions of chapter 51 or subchapter III of
chapter 53 of such title relating to classification and General Schedule
pay rates not to exceed one-fifth of the number of full-time regular
technical or professional employees of the Institute. The rate of basic
compensation for such employees may not equal or exceed the rate
prescribed for GS-16 of the General Schedule under section 5332 of title
5.
(Pub. L. 94-462, title II, 205, Oct. 8, 1976, 90 Stat. 1976; Pub.
L. 96-496, title II, 201(c), Dec. 4, 1980, 94 Stat. 2592; Pub. L.
98-306, 10, May 31, 1984, 98 Stat. 225; Pub. L. 99-194, title II,
202, Dec. 20, 1985, 99 Stat. 1344; Pub. L. 101-512, title III, 318
(title II, 202(a)(1), (b)), Nov. 5, 1990, 104 Stat. 1960, 1974, 1975.)
The provisions of title 5 governing appointment in the competitive
service, referred to in subsec. (c), are classified to section 3301 et
seq. of Title 5, Government Organization and Employees.
1990 -- Subsec. (a)(1). Pub. L. 101-512, 318 (title II,
202(a)(1)), which directed amendment of par. (1) by striking out ''be
compensated at the rate provided for level V of the Executive Schedule
(section 5316 of title 5), and shall'', was executed by striking out
''be compensated at the rate provided for level V of the Executive
Schedule (5 U.S.C. 5316), and shall'' after ''The Director shall'' to
reflect the probable intent of Congress.
Subsec. (a)(2). Pub. L. 101-512, 318 (title II, 202(b)),
substituted ''Director's'' for ''Chairperson's''.
1985 -- Subsec. (a)(2). Pub. L. 99-194 substituted ''the
Chairperson's'' for ''his''.
1984 -- Subsec. (a)(2). Pub. L. 98-306 struck out ''The Director
shall report directly to the Secretary of Education with respect to the
activities of the Institute.''
1980 -- Subsec. (a)(2). Pub. L. 96-496, 201(c)(1), substituted
''directly to the Secretary of Education'' for ''to the Secretary of
Health, Education, and Welfare''.
Subsec. (b). Pub. L. 96-496, 201(c)(2), substituted ''Department of
Education'' for ''Department of Health, Education, and Welfare''.
Subsec. (c). Pub. L. 96-496, 201(c)(3), added subsec. (c).
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
20 USC 965. Grants to museums to increase and improve services
TITLE 20 -- EDUCATION
(a) Authorized activities
The Director, subject to the policy direction of the Board, is
authorized to make grants to museums to increase and improve museum
services, through such activities as --
(1) programs to enable museums to construct or install displays,
interpretations, and exhibitions in order to improve their services to
the public;
(2) assisting them in developing and maintaining
professionally-trained or otherwise experienced staff to meet their
needs;
(3) assisting them to meet their administrative costs in preserving
and maintaining their collections, exhibiting them to the public, and
providing educational programs to the public through the use of their
collections;
(4) assisting museums in cooperation with each other in the
development of traveling exhibitions, meeting transportation costs, and
identifying and locating collections available for loan;
(5) assisting them in conservation of their collections; and
(6) developing and carrying out specialized programs for specific
segments of the public, such as programs for urban neighborhoods, rural
areas, Indian reservations, and penal and other State institutions.
(b) Contracts and cooperative agreements
(1) The Director, subject to the policy direction of the National
Museum Services Board, is authorized to enter into contracts and
cooperative agreements to provide financial assistance in order to
undertake projects designed to strengthen museum services, except that
any contracts or cooperative agreements entered into pursuant to this
subsection shall be effective only to such extent or in such amounts as
are provided in appropriations Acts.
(2) No financial assistance may be provided under this subsection to
pay for operational expenses.
(3) The aggregate amount of financial assistance made under this
subsection shall not exceed 5 percent of the amount appropriated under
this subchapter for such fiscal year.
(c) Cost limitation
Grants, contracts, and cooperative agreements under this section for
any fiscal year may not exceed 50 per centum of the cost of the program
for which the grant or financial assistance is made, except that not
more than 20 per centum of the funds available under this section for
any fiscal year may be available for grants or financial assistance in
such fiscal year without regard to such limitation.
(d) Review and evaluation procedures
The Director shall establish procedures for reviewing and evaluating
grants, contracts, and cooperative agreements made or entered into under
this section. Procedures for reviewing grant applications or contracts
and cooperative agreements for financial assistance under this section
shall not be subject to any review outside of the Institute.
(Pub. L. 94-462, title II, 206, Oct. 8, 1976, 90 Stat. 1977; Pub.
L. 96-496, title II, 201(d), Dec. 4, 1980, 94 Stat. 2592; Pub. L.
101-512, title III, 318 (title II, 203), Nov. 5, 1990, 104 Stat.
1960, 1975.)
1990 -- Subsec. (a)(5). Pub. L. 101-512, 318 (title II, 203(a)),
substituted ''their collections'' for ''artifacts and art objects''.
Subsec. (b)(1). Pub. L. 101-512, 318 (title II, 203(b)(1)),
substituted ''agreements to provide financial assistance in order to
undertake projects'' for ''agreements with professional museum
organizations to provide financial assistance to such organizations in
order to enable such organizations to undertake projects''.
Subsec. (b)(2). Pub. L. 101-512, 318 (title II, 203(b)(2)), struck
out subpar. (A) which read: ''No financial assistance may be provided
under this subsection for any project for a period in excess of one
year.'' and struck out subpar. (B) designation before ''No financial
assistance'', ''the'' before ''operational expenses'', and ''of any
professional museum organization'' after ''operational expenses''.
Subsec. (b)(3). Pub. L. 101-512, 318 (title II, 203(b)(3)), struck
out ''to professional museum organizations'' before ''shall not
exceed''.
Subsec. (b)(4). Pub. L. 101-512, 318 (title II, 203(b)(4)), struck
out par. (4) which defined ''professional museum organization'' for
purposes of this subsection.
1980 -- Subsecs. (b), (c). Pub. L. 96-496, 201(d)(1), (2), added
subsec. (b), redesignated former subsec. (b) as (c), and as so
redesignated inserted '', contracts, and cooperative agreements'' and
''or financial assistance'' in two places.
Subsec. (d). Pub. L. 96-496, 201(d)(3), added subsec. (d).
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
Pub. L. 98-146, title II, Nov. 4, 1983, 97 Stat. 949, provided in
part: ''That regulations of the Institute shall require (1) an appeal
process for applications rejected because of technical deficiency, (2)
reconsideration of applications upon receipt of materials in a timely
manner if the application was rejected because material did not
accompany the application, and (3) waivers of certain records under
circumstances which would require such waivers: Provided further, That
no regulations may be established that prohibit grants to any
institution which is a recipient of a challenge grant from either the
National Endowment for the Arts or the National Endowment for the
Humanities.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 97-394, Dec. 30, 1982, 96 Stat. 1994.
20 USC 966. Contributions
TITLE 20 -- EDUCATION
The Institute shall have authority to accept in the name of the
United States, grants, gifts, or bequests of money for immediate
disbursement in furtherance of the functions of the Institute. Such
grants, gifts, or bequests, after acceptance by the Institute, shall be
paid by the donor or his representative to the Treasurer of the United
States whose receipt shall be their acquittance. The Treasurer of the
United States shall enter them in a special account to the credit of the
Institute for the purposes in each case specified.
(Pub. L. 94-462, title II, 207, Oct. 8, 1976, 90 Stat. 1977.)
20 USC 967. Authorization of appropriations
TITLE 20 -- EDUCATION
(a) For the purpose of making grants under section 965(a) of this
title, there are authorized to be appropriated $24,000,000 for fiscal
year 1991 and such sums as may be necessary for fiscal years 1992 and
1993.
(b) There are authorized to be appropriated such sums as may be
necessary to administer the provisions of this subchapter.
(c) Sums appropriated pursuant to subsection (a) of this section for
any fiscal year shall remain available for obligation and expenditure
until expended.
(d) For the purpose of enabling the Institute to carry out its
functions under this subchapter, there is authorized to be appropriated
for each fiscal year ending before October 1, 1993, an amount equal to
the amount contributed during such fiscal year to the Institute under
section 966 of this title.
(e)(1) Subject to paragraph (2), there are authorized to be
appropriated $1,000,000 for each of two fiscal years to carry out
section 969 of this title.
(2) Paragraph (1) shall not be effective for any fiscal year for
which the amount appropriated under subsection (a) of this section is
less than $24,000,000.
(Pub. L. 94-462, title II, 209, Oct. 8, 1976, 90 Stat. 1978; Pub.
L. 96-496, title I, 201(e), Dec. 4, 1980, 94 Stat. 2593; Pub. L.
98-306, 11, May 31, 1984, 98 Stat. 225; Pub. L. 99-194, title II,
203, Dec. 20, 1985, 99 Stat. 1344; Pub. L. 101-512, title III, 318
(title II, 204, 205(b)), Nov. 5, 1990, 104 Stat. 1960, 1975, 1976.)
1990 -- Subsec. (a). Pub. L. 101-512, 318 (title II, 204(A)((a))),
substituted ''$24,000,000 for fiscal year 1991 and such sums as may be
necessary for fiscal years 1992 and 1993'' for ''$21,600,000 for fiscal
year 1986, $22,464,000 for fiscal year 1987, $23,362,560 for fiscal year
1988, and such sums as may be necessary for each of the fiscal years
1989 and 1990''.
Subsec. (d). Pub. L. 101-512, 318 (title II, 204(b)), struck out
''during the period beginning on October 8, 1976, and ending October 1,
1990,'' after ''under this subchapter,'', inserted ''for each fiscal
year ending before October 1, 1993,'' after ''to be appropriated'', and
substituted ''such fiscal year'' for ''such period''.
Subsec. (e). Pub. L. 101-512, 318 (title II, 205(b)), added subsec.
(e).
1985 -- Subsec. (a). Pub. L. 99-194, 203(a), substituted
''$21,600,000 for fiscal year 1986, $22,464,000 for fiscal year 1987,
$23,362,560 for fiscal year 1988, and such sums as may be necessary for
each of the fiscal years 1989 and 1990'' for ''$25,000,000 for fiscal
year 1981, $30,000,000 for fiscal year 1982, $35,000,000 for fiscal year
1983, $20,150,000 for fiscal year 1984, and such sums as may be
necessary for fiscal year 1985''.
Subsec. (d). Pub. L. 99-194, 203(b), substituted ''October 1, 1990''
for ''October 1, 1985''.
1984 -- Subsec. (a). Pub. L. 98-306 substituted ''$20,150,000 for
fiscal year 1984, and such sums as may be necessary'' for ''$40,000,000
for fiscal year 1984, and $45,000,000''.
1980 -- Subsec. (a). Pub. L. 96-496, 201(e)(1), substituted
provisions authorizing appropriations for fiscal years 1981 through 1985
for provisions authorizing appropriations for fiscal years 1977 through
1980.
Subsec. (d). Pub. L. 96-496, 201(e)(2), substituted ''1985'' for
''1980''.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(a)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
20 USC 968. Definitions
TITLE 20 -- EDUCATION
For the purpose of this subchapter, the term --
(1) ''Board'' means the National Museum Services Board established
under section 962 of this title;
(2) ''Director'' means the Director of the Institute established
under section 962 of this title;
(3) ''Institute'' means the Institute of Museum Services established
under section 962 of this title; and
(4) ''museum'' means a public or private nonprofit agency or
institution organized on a permanent basis for essentially educational
or esthetic purposes, which, utilizing a professional staff, owns or
utilizes tangible objects, cares for them, and exhibits them to the
public on a regular basis.
(Pub. L. 94-462, title II, 210, Oct. 8, 1976, 90 Stat. 1978.)
20 USC 969. Assessment of certain museums
TITLE 20 -- EDUCATION
The Director, subject to the policy direction of the Board and in
consulation with appropriate representatives of the museum and cultural
communities shall undertake an assessment of the needs of small,
emerging, minority, and rural museums. The assessment, to be completed
and presented to Congress within two years of November 5, 1990, shall
include but not necessarily be limited to, the following subjects:
(1) The need for resources to identify, collect, document, research,
preserve and interpret tangible and nontangible collections and to
communicate with and involve their own communities and the general
public.
(2) The personnel staffing and training needs for small, emerging,
minority, and rural museums, including needs for professional positions
and for the community persons employed or utilized by museums who are
expert in the history, culture, customs, and other human resources of
the communities.
(3) The building and construction needs, including impediments to
accessing Federal and non-Federal funds for this purpose.
(4) The maintenance, operation and repair needs, including
impediments to accessing Federal and non-Federal funds for these
purposes.
(5) The status of the museums' current collections and the museums'
interest in accessing, through gift, purchase, repatriation or
borrowing, objects now held privately or in public collections.
(b) /1/ As used in this subsection -- /2/
(1) the term ''small, emerging, minority, and rural museums''
includes tribal museums and museums of other ethnic and cultural groups;
and
(2) the term ''Indian tribe'' has the meaning given in the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(b)).
/3/
(Pub. L. 94-462, title II, 211, as added Pub. L. 101-512, title III,
318 (title II, 205 ((a))), Nov. 5, 1990, 104 Stat. 1960, 1975.)
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (b)(2), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
2203, as amended, which is classified principally to subchapter II ( 450
et seq.) of chapter 14 of Title 25, Indians. ''Indian tribe'' is
defined in section 4(e) of that Act which is classified to section
450b(e) of Title 25. For complete classification of this Act to the
Code, see Short Title note set out under section 450 of Title 25 and
Tables.
Section effective Oct. 1, 1990, see section 318 (title IV, 403(a))
of Pub. L. 101-512, set out as an Effective Date of 1990 Amendment note
under section 951 of this title.
/1/ So in original. No subsec. (a) has been enacted.
/2/ So in original. Probably should be ''section -- ''.
/3/ See References in Text note below.
20 USC CHAPTER 26A -- INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS
TITLE 20 -- EDUCATION
Sec.
971. Agreements to indemnify against loss or damage.
(a) Authorization of Federal Council on the Arts and Humanities.
(b) Council as ''agency''.
972. Items eligible for indemnity agreements.
(a) Works of art; printed or published materials; other artifacts
or objects; photographs, motion pictures, or tapes.
(b) Extension of coverage; ''on exhibition'' defined.
973. Application for indemnity agreements.
(a) Parties.
(b) Contents.
(c) Approval.
974. Indemnity limits.
(a) Approval of estimated values.
(b) Maximum limits of coverage.
(c) Limit for single exhibition.
(d) Deductible limit.
975. Claims for losses.
(a) Regulations for prompt adjustment.
(b) Certification.
976. Authorization of appropriations.
977. Annual report to Congress.
20 USC 971. Agreements to indemnify against loss or damage
TITLE 20 -- EDUCATION
(a) Authorization of Federal Council on the Arts and Humanities
The Federal Council on the Arts and Humanities (hereinafter in this
chapter referred to as the ''Council''), established under section 958
of this title, is authorized to make agreements to indemnify against
loss or damage such items as may be eligible for such indemnity
agreements under section 972 of this title --
(1) in accordance with the provisions of this chapter; and
(2) on such terms and conditions as the Council shall prescribe, by
regulation, in order to achieve the purposes of this chapter and,
consistent with such purposes, to protect the financial interest of the
United States.
(b) Council as ''agency''
(1) For purposes of this chapter, the Council shall be an ''agency''
within the meaning of the appropriate definitions of such term in title
5.
(2) For purposes of this chapter, the Secretary of the Smithsonian
Institution, the Director of the National Gallery of Art, the member
designated by the Chairman of the Senate Commission of Art and
Antiquities and the member designated by the Speaker of the House of
Representatives shall not serve as members of the Council.
(Pub. L. 94-158, 2, Dec. 20, 1975, 89 Stat. 844; Pub. L. 99-194,
title III, 301, Dec. 20, 1985, 99 Stat. 1345.)
1985 -- Subsec. (b). Pub. L. 99-194 designated existing provisions
as par. (1) and added par. (2).
Section 9 of Pub. L. 94-158 provided that: ''This Act (see Short
Title note below) shall become effective 30 days after the date of the
enactment of this Act (Dec. 20, 1975).''
Section 1 of Pub. L. 94-158 provided that: ''This Act (enacting
this chapter and provisions set out as a note under this section) may be
cited as the 'Arts and Artifacts Indemnity Act'.''
20 USC 972. Items eligible for indemnity agreements
TITLE 20 -- EDUCATION
(a) Works of art; printed or published materials; other artifacts
or objects; photographs, motion pictures, or tapes
The Council may make an indemnity agreement under this chapter with
respect to --
(1) works of art, including tapestries, paintings, sculpture, folk
art, graphics, and craft arts;
(2) manuscripts, rare documents, books, and other printed or
published materials;
(3) other artifacts or objects; and
(4) photographs, motion pictures, or audio and video tape;
which are (A) of educational, cultural, historical, or scientific
value, and (B) the exhibition of which is certified by the Director of
the United States Information Agency or his designee as being in the
national interest.
(b) Extension of coverage; ''on exhibition'' defined
(1) An indemnity agreement made under this chapter shall cover
eligible items while on exhibition in the United States or elsewhere
preferably when part of an exchange of exhibitions.
(2) For purposes of this subsection, the term ''on exhibition''
includes that period of time beginning on the date the eligible items
leave the premises of the lender or place designated by the lender and
ending on the date such items are returned to the premises of the lender
or place designated by the lender.
(Pub. L. 94-158, 3, Dec. 20, 1975, 89 Stat. 844; 1977 Reorg. Plan
No. 2, 7(a)(10), 42 F.R. 62461, 91 Stat. 1637; Pub. L. 97-241, title
III, 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 99-194, title III,
302(a), Dec. 20, 1985, 99 Stat. 1345.)
1985 -- Subsec. (b)(1). Pub. L. 99-194, which directed the
substitution of ''or elsewhere preferably when part of an exchange of
exhibitions'' for '', or elsewhere when part of an exchange of
exhibitions, but in no case shall both parts of such an exhibition be so
covered'' was executed by making the substitution for '', or elsewhere
when part of an exchange of exhibitions, but in no case shall both parts
of such an exchange be so covered'', to reflect the probable intent of
Congress.
Section 302(b) of Pub. L. 99-194 provided that: ''The amendment
made by paragraph (1) (amending this section) shall apply with respect
to any exhibition which is certified under section 3(a) of the Arts and
Artifacts Indemnity Act (subsec. (a) of this section) after the date of
enactment of this Act (Dec. 20, 1985).''
''Director of the United States Information Agency'' substituted for
''Director of the International Communication Agency'' in subsec. (a)
pursuant to section 303(b) of Pub. L. 97-241, title III, Aug. 24,
1982, 96 Stat. 291, set out as a note under section 1461 of Title 22,
Foreign Relations and Intercourse. Previously, ''Director of the
International Communication Agency'' substituted for ''Secretary of
State'' in subsec. (a) pursuant to Reorg. Plan No. 2 of 1977,
7(a)(10), 42 F.R. 62461, 91 Stat. 1637, set out in the Appendix to
Title 5, Government Organization and Employees, effective on or before
July 1, 1978, at such time as specified by President, which transferred
functions vested in Secretary of State in subsec. (a) of this section
to Director of International Communication Agency.
20 USC 973. Application for indemnity agreements
TITLE 20 -- EDUCATION
(a) Parties
Any person, nonprofit agency, institution, or government desiring to
make an indemnity agreement for eligible items under this chapter shall
make application therefor in accordance with such procedures, in such
form, and in such manner as the Council shall, by regulation, prescribe.
(b) Contents
An application under subsection (a) of this section shall --
(1) describe each item to be covered by the agreement (including an
estimated value of such item);
(2) show evidence that the items are eligible under section 972(a) of
this title; and
(3) set forth policies, procedures, techniques, and methods with
respect to preparation for, and conduct of, exhibition of the items, and
any transportation related to such items.
(c) Approval
Upon receipt of an application under this section, the Council shall,
if such application conforms with the requirements of this chapter,
approve the application and make an indemnity agreement with the
applicant. Upon such approval, the agreement shall constitute a
contract between the Council and the applicant pledging the full faith
and credit of the United States to pay any amount for which the Council
becomes liable under such agreement. The Council, for such purpose, is
hereby authorized to pledge the full faith and credit of the United
States.
(Pub. L. 94-158, 4, Dec. 20, 1975, 89 Stat. 845.)
20 USC 974. Indemnity limits
TITLE 20 -- EDUCATION
(a) Approval of estimated values
Upon receipt of an application meeting the requirements of
subsections (a) and (b) of section 973 of this title, the Council shall
review the estimated value of the items for which coverage by an
indemnity agreement is sought. If the Council agrees with such
estimated value, for the purposes of this chapter, the Council shall,
after approval of the application as provided in subsection (c) of
section 973 of this title, make an indemnity agreement.
(b) Maximum limits of coverage
The aggregate of loss or damage covered by indemnity agreements made
under this chapter shall not exceed $3,000,000,000 at any one time.
(c) Limit for single exhibition
No indemnity agreement for a single exhibition shall cover loss or
damage in excess of $300,000,000.
(d) Deductible limit
If the estimated value of the items covered by an indemnity agreement
for a single exhibition is --
(1) $2,000,000 or less, then coverage under this chapter shall extend
only to loss or damage in excess of the first $15,000 of loss or damage
to items covered;
(2) more than $2,000,000 but less than $10,000,000 then coverage
under this chapter shall extend only to loss or damage in excess of the
first $25,000 of loss or damage to items covered;
(3) not less than $10,000,000 but less than $125,000,000, then
coverage under this chapter shall extend to loss or damage in excess of
the first $50,000 of loss or damage to items covered;
(4) not less than $125,000,000 but less than $200,000, /1/ then
coverage under this chapter shall extend to loss or damage in excess of
the first $100,000 of loss or damage to items covered; or
(5) $200,000,000 or more, then coverage under the chapter shall
extend only to loss or damage in excess of the first $200,000, of loss
or damage to items covered.
(Pub. L. 94-158, 5, Dec. 20, 1975, 89 Stat. 845; Pub. L. 96-496,
title III, 301, 302, Dec. 4, 1980, 94 Stat. 2593; Pub. L. 99-194,
title III, 303, Dec. 20, 1985, 99 Stat. 1345; Pub. L. 100-202, 101(g)
(title II, 201), Dec. 22, 1987, 101 Stat. 1329-213, 1329-249; Pub. L.
101-512, title III, 318 (title III, 301), Nov. 5, 1990, 104 Stat.
1960, 1976.)
1990 -- Subsec. (b). Pub. L. 101-512, 318 (title III, 301(a)),
substituted ''$3,000,000,000'' for ''$1,200,000,000''.
Subsec. (c). Pub. L. 101-512, 318 (title III, 301(b)(1)),
substituted ''$300,000,000'' for ''$125,000,000''.
Subsec. (d)(3). Pub. L. 101-512, 318 (title III, 301(b)(2)(B)),
amended par. (3) generally. Prior to amendment, par. (3) read as
follows: ''$10,000,000 or more, then coverage under this chapter shall
extend only to loss or damage in excess of the first $50,000 of loss or
damage to items covered.''
Subsec. (d)(4), (5). Pub. L. 101-512, 318 (title III,
301(b)(2)(A), (C)), added pars. (4) and (5).
1987 -- Subsec. (b). Pub. L. 100-202 substituted ''$1,200,000,000''
for ''$650,000,000''.
Subsec. (c). Pub. L. 100-202 substituted ''$125,000,000'' for
''$75,000,000''.
1985 -- Subsec. (b). Pub. L. 99-194, 303(a), substituted
''$650,000,000'' for ''$400,000,000''.
Subsec. (c). Pub. L. 99-194, 303(b), substituted ''$75,000,000'' for
''$50,000,000''.
1980 -- Subsec. (b). Pub. L. 96-496, 301, substituted
''$400,000,000'' for ''$250,000,000''.
Subsec. (d). Pub. L. 96-496, 302, substituted provisions relating to
deductible amounts under indemnity agreements for provisions limiting
coverage under this chapter to loss or damage in excess of the first
$15,000 resulting from a single exhibition.
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section
318 (title IV, 403(b)) of Pub. L. 101-512, set out as a note under
section 951 of this title.
/1/ So in original. Probably should be ''$200,000,000,''.
20 USC 975. Claims for losses
TITLE 20 -- EDUCATION
(a) Regulations for prompt adjustment
The Council shall prescribe regulations providing for prompt
adjustment of valid claims for losses which are covered by an agreement
made pursuant to section 974 of this title, including provision for
arbitration of issues relating to the dollar value of damages involving
less than total loss or destruction of such covered objects.
(b) Certification
In the case of a claim of loss with respect to an item which is
covered by an agreement made pursuant to section 974 of this title, the
Council shall certify the validity of the claim and the amount of the
loss to the Speaker of the House of Representatives and the President
pro tempore of the Senate.
(Pub. L. 94-158, 6, Dec. 20, 1975, 89 Stat. 845.)
20 USC 976. Authorization of appropriations
TITLE 20 -- EDUCATION
There are hereby authorized to be appropriated such sums as may be
necessary (1) to enable the Council to carry out its functions under
this chapter, and (2) to pay claims certified pursuant to section 975(b)
of this title.
(Pub. L. 94-158, 7, Dec. 20, 1975, 89 Stat. 846.)
20 USC 977. Annual report to Congress
TITLE 20 -- EDUCATION
The Council shall report annually to the Congress (1) all claims
actually paid pursuant to this chapter during the preceding fiscal year,
(2) pending claims against the Council under this chapter as of the
close of that fiscal year, and (3) the aggregate face value of contracts
entered into by the Council which are outstanding at the close of that
fiscal year.
(Pub. L. 94-158, 8, Dec. 20, 1975, 89 Stat. 846.)
20 USC CHAPTER 27 -- NATIONAL VOCATIONAL STUDENT LOAN INSURANCE
TITLE 20 -- EDUCATION
20 USC 981 to 996. Repealed. Pub. L. 90-575, title I, 116(c)(1),
Oct. 16, 1968, 82 Stat. 1024
TITLE 20 -- EDUCATION
Section 981, Pub. L. 89-287, 2, Oct. 22, 1965, 79 Stat. 1037;
Pub. L. 90-460, 2(d)(3), Aug. 3, 1968, 82 Stat. 634, set forth
Congressional declaration of purpose for the chapter and authorized
appropriations to carry out such purpose.
Section 981 note, Pub. L. 89-287, 1, Oct. 22, 1965, 79 Stat.
1037, provided that Pub. L. 89-287, which enacted this chapter, be
cited as the National Vocational Loan Insurance Act of 1965.
Section 982, Pub. L. 89-287, 3, Oct. 22, 1965, 79 Stat. 1037,
authorized Commissioner to make advances to State and nonprofit private
loan insurance programs.
Section 983, Pub. L. 89-287, 4, Oct. 22, 1965, 79 Stat. 1038,
prohibited Commissioner from issuing certificates of insurance to
lenders in States having adequate non-Federal loan insurance programs.
Section 984, Pub. L. 89-287, 5, Oct. 22, 1965, 79 Stat. 1038;
Pub. L. 90-460, 1(b)(1), Aug. 3, 1968, 82 Stat. 634, set forth scope
and duration of loan insurance program of this chapter.
Section 985, Pub. L. 89-287, 6, Oct. 22, 1965, 79 Stat. 1039,
limited annual and aggregate amounts available to individuals as loans
and covered by insurance under this chapter.
Section 986, Pub. L. 89-287, 7, Oct. 22, 1965, 79 Stat. 1039,
provided for insurance coverage for loans made by eligible lenders,
regardless of source of such loaned funds.
Section 987, Pub. L. 89-287, 8, Oct. 22, 1965, 79 Stat. 1039;
Pub. L. 90-460, 2(c)(1), Aug. 3, 1968, 82 Stat. 634, set forth
prerequisites of student eligibility and terms and conditions of note
executed by student.
Section 988, Pub. L. 89-287, 9, Oct. 22, 1965, 79 Stat. 1041;
Pub. L. 90-460, 1(b)(2), 2(c)(2), (d), Aug. 3, 1968, 82 Stat. 634,
provided for reduction of student interest costs by Federal payments.
Section 989, Pub. L. 89-287, 10, Oct. 22, 1965, 79 Stat. 1043,
Pub. L. 90-460, 1(b)(3), Aug. 3, 1968, 82 Stat. 634, authorized
Commissioner to make direct loans to students residing in areas where
loans insurable under this chapter are unavailable.
Section 990, Pub. L. 89-287, 11, Oct. 22, 1965, 79 Stat. 1043,
provided for certificates of insurance to be issued to eligible lenders.
Section 991, Pub. L. 89-287, 12, Oct. 22, 1965, 79 Stat. 1045,
set forth procedure for collection in case of default, death, or
disability of student borrower.
Section 992, Pub. L. 89-287, 13, Oct. 22, 1965, 79 Stat. 1046,
established Vocational Student Loan Insurance Fund.
Section 993, Pub. L. 89-287, 14, Oct. 22, 1965, 79 Stat. 1047,
enumerated powers and duties of Commissioner with respect to carrying
out purposes of this chapter.
Section 994, Pub. L. 89-287, 15, Oct. 22, 1965, 79 Stat. 1048,
established Advisory Council on Insured Loans to Vocational Students in
the Office of Education.
Section 995, Pub. L. 89-287, 16, Oct. 22, 1965, 79 Stat. 1048,
authorized Federal credit unions to make insured loans to student
members.
Section 996, Pub. L. 89-287, 17, Oct. 22, 1965, 79 Stat. 1048,
defined ''eligible institution'', ''eligible lender'', ''line of
credit'', ''State'', ''Secretary'', and ''Commissioner''.
Repeal applicable to loans made on or after the 60th day after Oct.
16, 1968, see section 116(e) of Pub. L. 90-575.
Section 116(c)(2) of Pub. L. 90-575 provided that: ''All assets and
liabilities of the vocational student loan insurance fund established by
section 13 of the National Vocational Student Loan Insurance Act of 1965
(section 992 of this title), matured or contingent, shall be transferred
to, and become assets and liabilities of, the student loan insurance
fund established by section 431 of the Higher Education Act of 1965
(section 1081 of this title). Payments in connection with defaults of
loans made on or after the sixtieth day after the date of enactment of
this Act (Oct. 16, 1968) and insured by the Commissioner (under the
authority of subsection (e)(3) or (e)(4) of this section (set out as a
note under section 1083 of this title)) under the National Vocational
Student Loan Insurance Act of 1965 (sections 981 to 996 of this title)
shall be paid out of the fund established by such section 431.''
20 USC
TITLE 20 -- EDUCATION
20 USC CHAPTER 28 -- HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
TITLE 20 -- EDUCATION
Sec.
1001.
Purpose.
1002.
Agreement.
(a)
Agreement.
(b)
Contents of agreement.
1003.
Grants.
(a)
Division between school-year and summer programs.
(b)
Amount and use of grants.
(c)
Preferences.
(d)
Duration.
(e)
Equitable geographic distribution.
1004.
Grant application.
(a)
Application required.
(b)
Contents of application.
(c)
Special rule.
(d)
Waiver.
1005.
Peer review.
1006.
Authorization of appropriations.
1011.
Findings and purpose.
(a)
Findings.
(b)
Purpose.
1011a.
Authorization of grants.
(a)
Assistance for articulation partnerships.
(b)
Qualified institutions.
(c)
Allocation and State grants.
1011b.
State application.
1011c.
Local applications.
1011d.
Articulation agreement.
(a)
Length of grant.
(b)
Use of funds.
1011e.
State administration.
1011f.
Priority.
1011g.
Reports.
(a)
State reports.
(b)
Evaluation and dissemination.
1011h.
Authorization of appropriations.
1015.
Program established; authorization of appropriations; eligibility.
(a)
General authority.
(b)
Authorization of appropriations.
(c)
Eligible partnership.
(d)
Federal share.
1015a.
Application.
(a)
In general.
(b)
Contents.
(c)
Approval of applications.
1015b.
Authorized activities.
1015c.
''Public broadcasting entity'' defined.
1015d.
Report.
(a)
In general.
(b)
Contents.
(c)
Dissemination.
1021.
Purpose; authorization.
(a)
Purpose.
(b)
Authorization of appropriations.
1022.
Notification of State agency.
1023.
Library experts.
1029.
College library technology and cooperation grants.
(a)
Grants authorized.
(b)
Awards requirements.
(c)
Amount.
(d)
Priority.
(e)
Duration.
(f)
Application.
1030.
Omitted.
1031.
Grants authorized.
(a)
Grants.
(b)
Reservation.
1032.
Library education and human resource development.
(a)
Purpose and grant criteria.
(b)
Additional requirements.
1033.
Research and demonstration.
1034.
Consultation requirements.
1041.
Research library resources.
(a)
Grants.
(b)
Eligibility.
1042.
Geographical distribution of grants.
1047.
Strengthening library and information science programs and libraries
in historically black colleges and universities and other
minority-serving institutions.
(a)
Eligible institutions.
(b)
General authority.
(c)
Traineeships.
(d)
Funding prohibition.
1051.
Findings and purposes.
(a)
Findings.
(b)
Purpose.
1057.
Program purpose.
(a)
General authorization.
(b)
Grants awarded; special consideration.
1058.
Definitions; eligibility.
(a)
Educational and general expenditures.
(b)
Eligible institution.
(c)
Enrollment of needy students.
(d)
Full-time equivalent students.
(e)
Junior or community college.
(f)
Historically black college or university.
1059.
Duration of grant.
(a)
Award period.
(b)
Limitations.
(c)
Planning grants.
1059a.
Application review process.
(a)
Review panel.
(b)
Recommendations of panel.
(c)
Notification.
1059b.
Goals for financial management and academic program.
(a)
Goals.
(b)
Continuation requirements.
1059c.
Hispanic-serving institutions.
(a)
Program authorized.
(b)
Definitions.
(c)
Authorized activities.
(d)
Application process.
(e)
Special rule.
1060.
Findings and purposes.
1061.
Definitions.
1062.
Grants to institutions.
(a)
General authorization; uses of funds.
(b)
Limitations.
1063.
Allotments to institutions.
(a)
Allotment; Pell Grant basis.
(b)
Allotment; graduates basis.
(c)
Allotment; graduate and professional student basis.
(d)
Minimum allotment.
(e)
Reallotment.
(f)
Special merger rule.
(g)
Special rule for certain District of Columbia eligible institutions.
1063a.
Applications.
(a)
Contents.
(b)
Approval.
(c)
Goals for financial management and academic programs.
1063b.
Professional or graduate institutions.
(a)
General authorization.
(b)
Duration.
(c)
Uses of funds.
(d)
Application.
(e)
Eligibility.
(f)
Funding rule.
1063c.
Reporting and audit requirements.
(a)
Recordkeeping.
(b)
Repayment of unexpended funds.
1064.
Repealed.
1065.
Endowment challenge grants.
(a)
Purpose; definitions.
(b)
Grants authorized.
(c)
Grant agreement; endowment fund provisions.
(d)
Repayment provisions.
(e)
Audit information.
(f)
Selection criteria.
(g)
Application.
(h)
Termination and recovery provisions.
1066.
Applications for assistance.
(a)
Application required; approval.
(b)
Contents.
(c)
Priority criteria publication required.
(d)
Eligibility data.
1067.
Waiver authority and reporting requirement.
(a)
Waiver requirements; need-based assistance students.
(b)
Waiver determinations; expenditures.
1068.
Application review process.
(a)
Review panel.
(b)
Recommendations of panel.
(c)
Notification.
1069.
Cooperative arrangements.
(a)
General authority.
(b)
Priority.
(c)
Duration.
1069a.
Repealed.
1069b.
Assistance to institutions under other programs.
(a)
Assistance eligibility.
(b)
Waiver applicability.
(c)
Limitation.
1069c.
Limitations.
1069d.
Penalties.
1069e.
Repealed.
1069f.
Authorization of appropriations.
(a)
Authorizations.
(b)
Use of multiple year awards.
(c)
Reservations.
(d)
Ratable reduction in fiscal years in which amounts appropriated are
insufficient.
(e)
Additional reservation.
1070.
Statement of purpose; program authorization.
(a)
Purpose.
(b)
Secretary required to carry out purposes.
1070a.
Basic educational opportunity grants: amount and determinations;
applications.
(a)
Program authority and method of distribution.
(b)
Purpose and amount of grants.
(c)
Period of eligibility for grants.
(d)
Applications for grants.
(e)
Distribution of grants to students.
(f)
Calculation of eligibility.
(g)
Insufficient appropriations.
(h)
Use of excess funds.
(i)
Treatment of institutions and students under other laws.
1070a-1 to 1070a-6. Repealed.
1070a-11.
Program authority; authorization of appropriations.
(a)
Grants and contracts authorized.
(b)
Recipients, duration, and size.
(c)
Procedures for awarding grants and contracts.
(d)
Outreach.
(e)
Documentation of status as a low-income individual.
(f)
Authorization of appropriations.
(g)
Definitions.
1070a-12.
Talent search.
(a)
Program authority.
(b)
Permissible services.
(c)
Requirements for approval of applications.
1070a-13.
Upward bound.
(a)
Program authority.
(b)
Permissible services.
(c)
Required services.
(d)
Requirements for approval of applications.
(e)
Maximum stipends.
1070a-14.
Student support services.
(a)
Program authority.
(b)
Permissible services.
(c)
Requirements for approval of applications.
1070a-15.
Postbaccalaureate achievement program authority.
(a)
Program authority.
(b)
Services.
(c)
Requirements.
(d)
Award considerations.
(e)
Maximum stipends.
(f)
Funding.
1070a-16.
Educational opportunity centers.
(a)
Program authority; services provided.
(b)
Permissible services.
(c)
Requirements for approval of applications.
1070a-17.
Staff development activities.
(a)
Secretary's authority.
(b)
Contents of training programs.
(c)
Consultation.
1070a-18.
Evaluation for project improvement.
(a)
In general.
(b)
Content.
(c)
Results.
1070a-21.
Early intervention program authorized.
1070a-22.
State eligibility and State plan.
(a)
Plan required for eligibility.
(b)
Matching requirement.
(c)
Methods for complying with matching requirement.
(d)
Payment requirements.
1070a-23.
Early intervention.
(a)
In general.
(b)
Uses of funds.
(c)
Priority students.
1070a-24.
Scholarship component.
(a)
In general.
(b)
Grant amounts.
(c)
Relation to other assistance.
(d)
Eligible students.
(e)
Priority; waiver.
1070a-25.
Distribution of funds.
(a)
Competitive awards.
(b)
Allotment based on allocations under section 2711.
(c)
Limit on use.
(d)
Reallotment.
(e)
Allotment subject to continuing compliance.
1070a-26.
Evaluation and report.
(a)
Evaluation.
(b)
Evaluation standards.
(c)
Report.
1070a-27.
Appropriations.
1070a-31.
Scholarships authorized.
1070a-32.
Scholarship program requirements.
(a)
Amount of award.
(b)
Period of award.
(c)
Use at any institution permitted.
(d)
Assistance not to exceed cost of attendance.
(e)
Presidential Access Scholars.
1070a-33.
Eligibility of scholars.
(a)
Requirements for students in first year of postsecondary education.
(b)
Requirements for all students.
1070a-34.
Eligible early intervention programs.
(a)
Participation in trio programs and national early intervention
scholarship and partnership programs.
(b)
Other eligible early intervention program.
1070a-35.
Student eligibility.
(a)
Student eligibility.
(b)
Limitation.
(c)
Waivers.
1070a-36.
Early intervention scholarship agreement.
(a)
In general.
(b)
Contents.
(c)
Special rule.
1070a-37.
Authorization of appropriations.
1070a-41.
Model program grants.
(a)
Program authority.
(b)
Priorities in selection.
(c)
Proposal requirements.
1070a-42.
Diffusion activities.
(a)
Collection of information.
(b)
Dissemination.
1070a-43.
Authorization of appropriations.
1070a-51.
Database and information line.
1070a-52.
Early awareness information program.
(a)
Program authority.
(b)
Contents of messages.
(c)
Informing Congress.
1070a-53.
Authorization of appropriations.
1070a-61.
National student savings demonstration program.
(a)
Statement of purpose.
(b)
Demonstration program authorized.
(c)
Application.
(d)
Authorization of appropriations.
1070a-71.
Information on eligibility for assistance.
1070a-81.
Technical assistance grants.
(a)
Program authority.
(b)
Selection of grant recipients.
(c)
Local plan.
(d)
Duration of grants.
(e)
Evaluation.
(f)
Technical assistance grants.
1070b.
Purpose; appropriations authorized.
(a)
Purpose of subpart.
(b)
Authorization of appropriations.
1070b-1.
Amount and duration of grants.
(a)
Amount of grant.
(b)
Period for receipt of grants; continuing eligibility.
(c)
Distribution of grant during academic year.
1070b-2.
Agreements with institutions; selection of recipients.
(a)
Institutional eligibility.
(b)
Eligibility for selection.
(c)
Selection of individuals and determination of amount of awards.
(d)
Use of funds for less-than-full-time students.
(e)
Use and transfer of funds for administrative expenses.
1070b-3.
Allocation of funds.
(a)
Allocation based on previous allocation.
(b)
Allocation of excess based on pro rata share.
(c)
Allocation of excess based on fair share.
(d)
Determination of institution's need.
(e)
Reallocation of excess allocations.
(f)
Filing deadlines.
1070c.
Purpose; appropriations authorized.
(a)
Purpose of subpart.
(b)
Authorization of appropriations; availability.
1070c-1.
Allotment among States.
(a)
Allotment based on number of eligible students in attendance.
(b)
Reallotment.
(c)
Allotments subject to continuing compliance.
1070c-2.
Applications for State student incentive grant programs.
(a)
Submission and contents of applications.
(b)
Payment of Federal share of grants made by qualified program.
(c)
Reservation and disbursement of allotments and reallotments.
1070c-3.
Administration of State programs; judicial review.
(a)
Disapproval of applications; suspension of eligibility.
(b)
Review of decisions.
1070c-4.
''Community service'' defined.
1070d to 1070d-1d. Repealed.
1070d-2.
Maintenance and expansion of existing programs.
(a)
Program authority.
(b)
Services provided by high school equivalency program.
(c)
Services provided by college assistance migrant program.
(d)
Management plan required.
(e)
Five-year grant period; consideration of prior experience.
(f)
Minimum allocations.
(g)
Authorization of appropriations.
1070d-31.
Statement of purpose.
1070d-32.
Repealed.
1070d-33.
Scholarships authorized.
(a)
Program authority.
(b)
Period of award.
(c)
Use at any institution permitted.
(d)
Byrd Scholars.
1070d-34.
Allocation among States.
(a)
Allocation formula.
(b)
Number of scholarships available.
(c)
Use of census data.
1070d-35.
Agreements.
1070d-36.
Eligibility of scholars.
(a)
High school graduation or equivalent and admission to institution
required.
(b)
Selection based on promise of academic achievement.
1070d-37.
Selection of scholars.
(a)
Establishment of criteria.
(b)
Adoption of procedures.
(c)
Consultation requirement.
(d)
Timing of selection.
1070d-38.
Stipends and scholarship conditions.
(a)
Amount of award.
(b)
Use of award.
1070d-39.
Repealed.
1070d-40.
Construction of needs provisions.
1070d-41.
Authorization of appropriations.
1070e, 1070e-1. Repealed.
1070f.
Special child care services for disadvantaged college students.
(a)
Program authority.
(b)
Applications.
(c)
Authorization of appropriations.
(d)
''Low-income individual'' defined.
1071.
Statement of purpose; nondiscrimination; and appropriations
authorized.
(a)
Purpose; discrimination prohibited.
(b)
Authorization of appropriations.
(c)
Designation.
(d)
Limitation on authorization to guarantee new loans under this part.
1072.
Advances for reserve funds of State and nonprofit private loan
insurance programs.
(a)
Purpose of and authority for advances to reserve funds.
(b)
Limitations on total advances.
(c)
Advances for insurance obligations.
(d)
Recovery of advances during fiscal years 1988 and 1989.
(e)
Correction for errors under reduction of excess cash reserves.
(f)
Refund of cash reserve payments.
1073.
Effects of adequate non-Federal programs.
(a)
Federal insurance barred to lenders with access to State or private
insurance.
(b)
Exceptions.
1074.
Scope and duration of Federal loan insurance program.
(a)
Limitations on amounts of loans covered by Federal insurance.
(b)
Apportionment of amounts.
1075.
Limitations on individual federally insured loans and on Federal loan
insurance.
(a)
Annual and aggregate limits.
(b)
Level of insurance coverage based on default rate.
1076.
Sources of funds.
1077.
Eligibility of student borrowers and terms of federally insured
student loans.
(a)
List of requirements.
(b)
Special rules for multiple disbursement.
(c)
Special repayment rules.
(d)
Borrower information.
1077a.
Applicable interest rates.
(a)
Rates to be consistent for borrower's entire debt.
(b)
Reduction for new borrowers after decline in Treasury bill rates.
(c)
Rates for supplemental loans for students and loans for parents.
(d)
Interest rates for new borrowers after July 1, 1988.
(e)
Interest rates for new borrowers after October 1, 1992.
(f)
Treatment of excess interest payments on new borrower accounts
resulting from decline in Treasury bill rates.
(g)
Lesser rates permitted.
(h)
Definitions.
1078.
Federal payments to reduce student interest costs.
(a)
Federal interest subsidies.
(b)
Insurance program agreements to qualify loans for interest subsidies.
(c)
Guaranty agreements for reimbursing losses.
(d)
Usury laws inapplicable.
(e)
Payments for lender referral services.
(f)
Payments of certain costs.
(g)
Action on insurance program and guaranty agreements.
(h)
Lending by guaranty agencies.
(i)
Multiple disbursement of loans.
(j)
Lenders-of-last-resort.
(k)
Information on defaults.
(l)
Preclaims assistance and supplemental preclaims assistance.
(m)
Income contingent repayment.
1078-1.
Federal supplemental loans for students.
(a)
Authority to borrow.
(b)
Limitations on amounts of loans.
(c)
Payment of principal and interest.
(d)
Refinancing.
1078-2.
Federal PLUS loans.
(a)
Authority to borrow.
(b)
Limitation based on need.
(c)
PLUS loan disbursement.
(d)
Payment of principal and interest.
(e)
Refinancing.
1078-3.
Federal consolidation loans.
(a)
Agreements with eligible lenders.
(b)
Contents of agreements, certificates of insurance, and loan notes.
(c)
Payment of principal and interest.
(d)
Special program authorized.
(e)
Termination of authority.
1078-4.
Commingling of funds.
1078-5.
Repealed.
1078-6.
Default reduction program.
(a)
Other repayment incentives.
(b)
Special rule.
1078-7.
Requirements for disbursement of student loans.
(a)
Multiple disbursement required.
(b)
Disbursement and endorsement requirements.
(c)
Method of multiple disbursement.
(d)
Withholding of second disbursement.
(e)
Exclusion of PLUS, consolidation, and foreign study loans.
(f)
Beginning of period of enrollment.
(g)
Sales prior to disbursement prohibited.
1078-8.
Unsubsidized Stafford loans for middle-income borrowers.
(a)
In general.
(b)
Eligible borrowers.
(c)
Determination of amount of loan.
(d)
Loan limits.
(e)
Payment of principal and interest.
(f)
Insurance premium.
(g)
Single application form and loan repayment schedule.
1078-9.
Special insurance and reinsurance rules.
(a)
Designation of lenders, servicers, and guaranty agencies.
(b)
Payment to lenders and servicers.
(c)
Supervision of designated lenders and servicers.
(d)
Supervision of designated guaranty agencies.
(e)
Special rule.
(f)
Limitation.
(g)
Claims.
(h)
Evaluation.
(i)
Termination.
(j)
Definitions.
1078-10.
Loan forgiveness for teachers, individuals performing national
community service and nurses.
(a)
Statement of purpose.
(b)
Demonstration program.
(c)
Loan repayment.
(d)
Repayment of eligibility lenders.
(e)
Application for repayment.
(f)
''Eligible lender'' defined.
(g)
Evaluation.
1079.
Certificate of Federal loan insurance -- effective date of insurance.
(a)
Loan-by-loan insurance.
(b)
Comprehensive insurance coverage certificate.
(c)
Charges for Federal insurance.
(d)
Assignability of insurance.
(e)
Consolidation not to affect insurance.
1080.
Default of student under Federal loan insurance program.
(a)
Notice to Secretary and payment of loss.
(b)
Effect of payment of loss.
(c)
Forbearance not precluded.
(d)
Care and diligence required of holders.
(e)
Default rate of lenders, holders, and guaranty agencies.
1080a.
Reports to credit bureaus and institutions of higher education.
(a)
Agreements to exchange information.
(b)
Additional information.
(c)
Contents of agreements.
(d)
Contractor status of participants.
(e)
Disclosure to institutions.
(f)
Duration of authority.
1081.
Insurance fund.
(a)
Establishment.
(b)
Borrowing authority.
1082.
Legal powers and responsibilities.
(a)
General powers.
(b)
Financial operations responsibilities.
(c)
Data collection.
(d)
Delegation.
(e)
Use of information on borrowers.
(f)
Audit of financial transactions.
(g)
Civil penalties.
(h)
Authority of the Secretary to impose and enforce limitations,
suspensions, and terminations.
(i)
Authority to sell defaulted loans.
(j)
Authority of Secretary to take emergency actions against lenders.
(k)
Program of assistance for borrowers.
(l)
Uniform administrative and claims procedures.
(m)
Common forms and formats.
(n)
Default reduction management.
(o)
Consequences of guaranty agency insolvency.
(p)
Reporting requirement.
1083.
Student loan information by eligible lenders.
(a)
Required disclosure before disbursement.
(b)
Required disclosure before repayment.
(c)
Cost of disclosure and consequences of nondisclosure.
(d)
Separate statement.
(e)
Special disclosure rules on SLS loans and PLUS loans and unsubsidized
loans.
1084.
Participation by Federal credit unions in Federal, State, and private
student loan insurance programs.
1085.
Definitions for student loan insurance program.
(a)
Eligible institution.
(b),
(c) Repealed.
(d)
Eligible lender.
(e)
Line of credit.
(f)
Due diligence.
(g),
(h) Repealed.
(i)
Holder.
(j)
Guaranty agency.
(k)
Insurance beneficiary.
(l)
Default.
(m)
Cohort default rate.
(n)
Repealed.
(o)
Economic hardship.
1086.
District of Columbia student loan insurance program.
(a)
Authority.
(b)
Binding effect on minors.
(c)
Appropriations authorized.
1087.
Repayment by Secretary of loans of bankrupt, deceased, or disabled
borrowers; treatment of borrowers attending closed schools or falsely
certified as eligible to borrow.
(a)
Repayment in full for death and disability.
(b)
Repayment of amount subject to bankruptcy action.
(c)
Discharge.
(d)
Repayment of loans to parents.
1087-0.
Debt management options.
(a)
Program authority.
(b)
Income contingent repayment option.
(c)
Determinations of high risk of default.
(d)
Loan limitation.
(e)
Authorization of appropriations.
1087-1.
Special allowances.
(a)
Findings.
(b)
Computation and payment.
(c)
Origination fees.
(d)
Lending from proceeds of tax exempt obligations.
(e)
Regulations to prevent denial of loans to eligible students.
1087-2.
Student Loan Marketing Association.
(a)
Purpose.
(b)
Establishment.
(c)
Board of Directors.
(d)
Authority of Association.
(e)
Advances to lenders that do not discriminate.
(f)
Stock of the Association.
(g)
Preferred stock.
(h)
Debt obligations.
(i)
General corporate powers.
(j)
Accounting, auditing, and reporting.
(k)
Report on audits by Treasury.
(l)
Lawful investment instruments; effect of and exemptions from other
laws.
(m)
Preparation of obligations.
(n)
Report on operations and activities.
(o)
Loan consolidations.
(p)
Advances for direct loans by guaranty agencies.
(q)
Lender of last resort.
(r)
Safety and soundness of Association.
1087a.
Program and payment authority.
(a)
Program authority.
(b)
Payment authority.
1087b.
Payment rules.
(a)
In general.
(b)
Initial payments.
1087c.
Selection by Secretary.
(a)
Entry requirement.
(b)
Selection criteria.
(c)
Preference for applying institutions.
(d)
Designation of additional institutions.
(e)
Limitation.
(f)
Selection of subgroup to test income contingent repayment.
(g)
Consortia.
1087d.
Agreement required.
1087e.
Withdrawal and termination procedures.
1087f.
Terms and conditions.
1087g.
Loan collection functions under competitive procurement contracts.
(a)
In general.
(b)
Servicing for income contingent loans.
(c)
Information on income contingent loans.
1087h.
Reports.
(a)
Annual reports.
(b)
Interim final report.
(c)
Final report.
(d)
Control group.
(e)
Treatment of costs.
1087i.
Schedule of regulatory activities by Secretary.
(a)
Proposed regulations.
(b)
Final regulations.
(c)
Closing date for applications from institutions.
(d)
Publication of list of participating institutions and control group.
(e)
Procurement contracts.
1087j.
Funds for administrative expenses.
1087aa.
Appropriations authorized.
(a)
Program authority.
(b)
Authorization of appropriations.
(c)
Use of appropriations.
1087bb.
Allocation of funds.
(a)
Allocation based on previous allocation.
(b)
Allocation of excess based on pro rata share.
(c)
Allocation of excess based on share of excess eligible amounts.
(d)
Determination of institution's self-help need.
(e)
Anticipated collections.
(f)
Default reduction and default penalties.
(g)
Applicable maximum default rate.
(h)
Definitions of default rate and cohort default rate.
(i)
Filing deadlines.
(j)
Reallocation of excess allocations.
1087cc.
Agreements with institutions of higher education.
(a)
Contents of agreements.
(b)
Administrative expenses.
(c)
Cooperative agreements with credit bureau organizations.
1087cc-1.
Student loan information by eligible institutions.
(a)
Disclosure required prior to disbursement.
(b)
Disclosure required prior to repayment.
(c)
Costs and effects of disclosures.
(d)
Limitation on use of interest bearing accounts.
(e)
Special due diligence rule.
1087dd.
Terms of loans.
(a)
Terms and conditions.
(b)
Demonstration of need and eligibility required.
(c)
Contents of loan agreement.
(d)
Availability of loan fund to all eligible students.
(e)
Forbearance.
(f)
Special repayment rule authority.
1087ee.
Cancellation of loans for certain public service.
(a)
Cancellation of percentage of debt based on years of qualifying
service.
(b)
Reimbursement for cancellation.
(c)
Special rules.
1087ff.
Distribution of assets from student loan funds.
(a)
In general.
(b)
Distribution of late collections.
(c)
Distribution of excess capital.
1087gg.
Collection of defaulted loans.
(a)
Authority of Secretary to collect referred, transferred, or assigned
loans.
(b)
Collection of referred, transferred, or assigned loans.
1087hh.
General authority of Secretary.
1087ii.
Definitions.
(a)
Low-income communities.
(b)
High-risk children.
(c)
Infants, toddlers, children, and youth with disabilities.
1087kk.
Amount of need.
1087ll.
Cost of attendance.
1087mm.
Family contribution.
1087nn.
Determination of expected family contribution; data elements.
(a)
General rule for determination of expected family contribution.
(b)
Data elements.
1087oo.
Family contribution for dependent students.
(a)
Computation of expected family contribution.
(b)
Parents' contribution from adjusted available income.
(c)
Parents' available income.
(d)
Parents' contribution from assets.
(e)
Assessment schedule.
(f)
Computations in case of separation, divorce, remarriage, or death.
(g)
Student contribution from available income.
(h)
Student contribution from assets.
(i)
Adjustments to parents' contribution for enrollment periods other
than 9 months for purposes other than subpart 2 of part A of this
subchapter.
1087pp.
Family contribution for independent students without dependents other
than a spouse.
(a)
Computation of expected family contribution.
(b)
Family's contribution from available income.
(c)
Family contribution from assets.
1087qq.
Family contribution for independent students with dependents other
than a spouse.
(a)
Computation of expected family contribution.
(b)
Family's available income.
(c)
Family's contribution from assets.
(d)
Assessment schedule.
1087rr.
Regulations; updated tables.
(a)
Authority to prescribe regulations restricted.
(b)
Income protection allowance.
(c)
Adjusted net worth of a farm or business.
(d)
Education savings and asset protection allowance.
(e)
Assessment schedules and rates.
(f)
''Consumer Price Index'' defined.
(g)
State and other tax allowance.
(h)
Employment expense allowance.
1087ss.
Simplified needs test.
(a)
Simplified application section.
(b)
Simplified needs test.
(c)
Zero expected family contribution.
1087tt.
Discretion of student financial aid administrators.
(a)
In general.
(b)
Adjustments to assets taken into account.
1087uu.
Disregard of student aid in other Federal programs.
1087uu-1.
Native American students.
1087vv.
Definitions.
(a)
Total income.
(b)
Untaxed income and benefits.
(c)
Veteran and veterans' education benefits.
(d)
Independent student.
(e)
Excludable income.
(f)
Assets.
(g)
Net assets.
(h)
Treatment of income taxes paid to other jurisdictions.
(i)
Current balance.
(j)
Other financial assistance; tuition prepayment plans.
1088.
Definitions.
(a)
Institution of higher education.
(b)
Proprietary institution of higher education.
(c)
Postsecondary vocational institution.
(d)
Academic and award year.
(e)
Impact of loss of accreditation.
(f)
Third party servicer.
1089.
Master calendar.
(a)
Secretary required to comply with schedule.
(b)
Timing for reallocations.
(c)
Delay of effective date of late publications.
(d)
Notice to Congress.
1090.
Forms and regulations.
(a)
Common financial aid form and processing.
(b)
Streamlined reapplication process.
(c)
Information to committees of Congress.
(d)
Repealed.
(e)
Toll-free information.
(f)
Preparer.
(g)
Special rule.
1091.
Student eligibility.
(a)
In general.
(b)
Eligibility for student loans.
(c)
Satisfactory progress.
(d)
Students who are not high school graduates.
(e)
Certification for GSL eligibility.
(f)
Verification limitations.
(g)
Loss of eligibility for violation of loan limits.
(h)
Verification of immigration status.
(i)
Limitations of enforcement actions against institutions.
(j)
Validity of loan guarantees for loan payments made before immigration
status verification completed.
(k)
Students attending institutions in freely associated states and
eligibility for trio programs.
(l)
Special rule for correspondence courses.
(m)
Courses offered through telecommunications.
(n)
Students with a first baccalaureate or professional degree.
(o)
Data base matching.
(p)
Study abroad.
(q)
Verification of social security number.
1091a.
Statute of limitations.
(a)
In general.
(b)
Assessment of costs and other charges.
1091b.
Institutional refunds.
(a)
Refund policy required.
(b)
Determinations.
(c)
Definitions.
1092.
Institutional and financial assistance information for students.
(a)
Information dissemination activities.
(b)
Exit counseling for borrowers.
(c)
Financial assistance information personnel.
(d)
Departmental publication of descriptions of assistance programs.
(e)
Disclosures required with respect to athletically related student
aid.
(f)
Disclosure of campus security policy and campus crime statistics.
1092a.
Combined payment plan.
(a)
Eligibility for plan.
(b)
Applicability of other requirements.
(c)
Lender eligibility.
(d)
Borrower selection of competing offers.
(e)
Effect of plan.
(f)
Notes and insurance certificates.
(g)
Termination of borrower eligibility.
(h)
Fees and premiums.
(i)
Commencement of repayment.
1092b.
National Student Loan Data System.
(a)
Development of System.
(b)
Additional information.
(c)
Verification.
(d)
Report to Congress.
(e)
Standardization of data reporting.
(f)
Common identifiers.
(g)
Integration of databases.
1092c.
Simplification of lending process for borrowers.
(a)
All like loans treated as one.
(b)
One lender, one guaranty agency.
1093.
Training in financial aid services.
(a)
Program authority.
(b)
Use of funds.
(c)
Limitations.
(d)
Authorization of appropriations and use of funds.
1094.
Program participation agreements.
(a)
Required for programs of assistance; contents.
(b)
Hearings.
(c)
Audits; financial responsibility; enforcement of standards.
(d)
''Eligible institution'' defined.
(e)
Construction.
1094a.
Quality assurance program.
(a)
In general.
(b)
Exemption from requirements.
(c)
Removal from program.
(d)
Experimental sites.
(e)
''Current award year'' defined.
1094b.
Assignment of identification numbers.
1095.
Transfer of allotments.
1095a.
Wage garnishment requirement.
(a)
Garnishment requirements.
(b)
Hearing requirements.
(c)
Notice requirements.
(d)
''Disposable pay'' defined.
1096.
Administrative expenses.
(a)
Amount of payments.
(b)
Purpose of payments.
1096a.
Repealed.
1097.
Criminal penalties.
(a)
In general.
(b)
Assignment of loans.
(c)
Inducements to lend or assign.
(d)
Obstruction of justice.
1098.
Advisory Committee on Student Financial Assistance.
(a)
Establishment and purpose.
(b)
Independence of Advisory Committee.
(c)
Membership.
(d)
Functions of the Committee.
(e)
Operations of the Committee.
(f)
Submission to Department for comment.
(g)
Compensation and expenses.
(h)
Personnel and resources.
(i)
Availability of funds.
(j)
Special analyses and activities.
(k)
Term of Committee.
(l)
Student loan program simplification study.
1098a.
Regional meetings and negotiated rulemaking.
(a)
Meetings.
(b)
Draft regulations.
(c)
Applicability of Federal Advisory Committee Act.
(d)
Authorization of appropriations.
1098b.
Authorization of appropriations for administrative expenses.
1099.
Exemption from State disclosure requirements.
1099a.
State postsecondary review program.
(a)
Purpose.
(b)
Program authority.
(c)
Failure to comply with agreement.
1099a-1.
State postsecondary review entity agreements.
(a)
State organization structures.
(b)
Contents of agreements.
(c)
Federal responsibility.
1099a-2.
Federal reimbursement of State postsecondary review costs.
(a)
Payments.
(b)
Authorization of appropriations.
1099a-3.
Functions of State review entities.
(a)
Initial review.
(b)
Review criteria.
(c)
Use of recent data.
(d)
Review standards.
(e)
Substitutions prohibited.
(f)
State contracts.
(g)
Prohibition on unrelated requirements.
(h)
Institutional eligibility.
(i)
Limit on State postsecondary review agency functions.
(j)
Consumer complaints.
(k)
Enforcement mechanisms.
1099b.
Approval of accrediting agency or association.
(a)
Standards required.
(b)
''Separate and independent'' defined.
(c)
Operating procedures required.
(d)
Length of approval.
(e)
Initial arbitration rule.
(f)
Jurisdiction.
(g)
Limitation on scope of standards.
(h)
Change of accrediting agency.
(i)
Dual accreditation rule.
(j)
Impact of loss of accreditation.
(k)
Religious institution rule.
(l)
Limitation, suspension or termination of approval.
(m)
Limitation on Secretary's authority.
(n)
Independent evaluation.
(o)
Regulations.
1099c.
Eligibility and certification procedures.
(a)
General requirement.
(b)
Single application form.
(c)
Financial responsibility standards.
(d)
Administrative capacity standard.
(e)
Financial guarantees from owners.
(f)
Actions on applications; site visits and fees.
(g)
Time limitations on, and renewal of, eligibility.
(h)
Provisional certification of institutional eligibility.
(i)
Treatment of changes of ownership.
(j)
Treatment of branches.
1099c-1.
Program review and data.
(a)
General authority.
(b)
Special administrative rules.
(c)
Data collection rules.
(d)
Training.
(e)
Special rule.
1101.
Findings and purposes.
(a)
Findings.
(b)
Purpose.
1102.
Authority and allocation of funds; definitions.
(a)
Purpose and authority.
(b)
Allotment of funds.
(c)
Special rule.
(d)
Reallotment.
(e)
Definitions.
1102a.
State application.
(a)
In general.
(b)
Functions of committee.
(c)
Evaluation and report.
1102b.
Local application and use of funds.
(a)
Local application.
(b)
Local uses of funds.
1102c.
State uses of funds.
(a)
In general.
(b)
Special rule.
(c)
Teacher education study.
1102d.
State Academies for teachers.
(a)
Purpose; definitions.
(b)
Application required.
(c)
Use of allotted funds.
(d)
Authorized activities.
(e)
Cost sharing.
(f)
Special rules.
1102e.
State Academies for school leaders.
(a)
Purpose; definitions.
(b)
Application required.
(c)
Use of allotted funds.
(d)
Authorized activities.
(e)
Cost-sharing.
1102f.
Institutions of higher education uses of funds.
(a)
Applications.
(b)
Awards.
1102g.
Professional development academies.
(a)
Authority; definitions.
(b)
Awards and renewals.
(c)
Application required.
(d)
Use of allotted funds.
(e)
Authorized activities.
(f)
Cost-sharing.
1102h.
Federal funds to supplement, not supplant regular non-Federal funds.
1102i.
Coordination with other programs.
1102j.
Authorization of appropriations.
1103.
Program established.
(a)
In general.
(b)
Subject areas and staff.
(c)
Duration of grant.
(d)
Competitive grant awards.
(e)
Consistency with systemic reforms.
1103a.
Eligible recipients.
(a)
In general.
(b)
Expertise requirements.
1103b.
Use of funds.
(a)
In general.
(b)
Administrative costs.
1103c.
Application.
(a)
Application.
(b)
Contents.
1103d.
State delegations.
(a)
In general.
(b)
Composition.
(c)
Duties.
1103e.
Selection.
(a)
In general.
(b)
Selection panel.
1103f.
National Teacher Academy evaluation.
1103g.
Authorization of appropriations.
(a)
In general.
(b)
Special rules.
1104.
Purpose; designation.
(a)
Purpose.
(b)
Designation.
1104a.
Allocation among States.
(a)
Allocation.
(b)
Use of census data.
1104b.
Grant applications.
(a)
Submission of applications.
(b)
Content of applications.
(c)
Selection criteria and procedures.
(d)
Special consideration.
(e)
Solicitation of views on selection criteria and procedures.
1104c.
Amount and duration of and relation to other assistance.
(a)
Limitations on amount and duration.
(b)
Consideration of award in other programs.
(c)
Assistance not to exceed cost of attendance.
1104d.
Selection of Paul Douglas Teacher Scholars.
(a)
Selection by statewide panels.
(b)
Eligibility for selection; selection criteria and procedures.
(c)
Waiver.
1104e.
Scholarship conditions.
1104f.
Scholarship repayment provisions.
1104g.
Exceptions to repayment provisions.
(a)
Deferral during certain periods.
(b)
Forgiveness if permanently totally disabled.
1104h.
Federal administration of State programs; judicial review.
(a)
Disapproval hearing required.
(b)
Suspension of eligibility.
(c)
Court review.
1104i.
Evaluation.
(a)
In general.
(b)
Contents.
(c)
Evaluation reports.
(d)
Funding.
1104j.
Designation of shortage areas.
1104k.
Authorization of appropriations.
1105.
Declaration of purpose; designation.
(a)
Purpose.
(b)
Designation.
1105a.
Program authorized.
(a)
In general.
(b)
Amount of grants.
(c)
State activities.
(d)
Use of funds for fellowships and administration.
1105b.
Christa McAuliffe fellowships.
(a)
Award distribution and amount.
(b)
Use of fellowships.
1105c.
Selection of Christa McAuliffe fellows.
(a)
In general.
(b)
Special rule.
1105d.
Evaluation of applications.
(a)
Submission to and review by statewide panel.
(b)
Consultation and consideration.
(c)
Public announcement.
1105e.
Fellowship repayment provisions.
1105f.
Secretary's responsibilities.
(a)
General.
(b)
Information dissemination.
1105g.
State application.
(a)
Application required.
(b)
Contents.
1105h.
Evaluation.
(a)
In general.
(b)
Contents.
(c)
Evaluation reports.
(d)
Funding.
1105i.
Authorization of appropriations.
1106.
Teacher Corps program authorized.
(a)
Grants by Secretary.
(b)
State grant program.
(c)
Allocation.
(d)
Teacher Corps school.
(e)
Designation.
1106a.
Use of funds.
(a)
Secretary.
(b)
State educational agency.
(c)
Special rule.
(d)
Reservations.
(e)
Special rule.
1106b.
Teacher Corps.
(a)
Selection.
(b)
Criteria.
(c)
Special consideration.
(d)
Application.
1106c.
State application.
1106d.
Scholarships.
(a)
Eligibility.
(b)
Limitations on amount and duration.
(c)
Consideration of award in other programs.
(d)
Assistance not to succeed need.
(e)
Continued eligibility.
1106e.
Scholarship conditions.
(a)
Scholarship agreement.
(b)
Scholarship repayment.
(c)
Waiver.
1106f.
Publication and recruitment.
(a)
In general.
(b)
Special rule.
1106g.
Authorization of appropriations.
1107.
National Board for Professional Teaching Standards.
(a)
Definitions.
(b)
Program authorization.
(c)
Consultation.
(d)
Authorized activities.
(e)
Application.
(f)
Federal share.
(g)
Reports and auditing provision.
(h)
Evaluation.
(i)
Construction.
(j)
Voluntary participation.
(k)
Authorization of appropriations.
1108.
Short title.
1108a.
Findings.
1108b.
Purpose.
1108c.
Allotments.
(a)
Allotments to States.
(b)
Special rule.
1108d.
State applications.
(a)
In general.
(b)
Requirements.
(c)
GEPA provisions inapplicable.
1108e.
Use of funds.
(a)
Use of funds.
(b)
Uses.
1108f.
''State'' defined.
1108g.
Authorization of appropriations.
1109.
Purpose.
1109a.
Program authorized.
(a)
Program authorized.
(b)
Reservation.
(c)
Selection criteria.
(d)
Priority.
(e)
Grants must supplement other funds.
1109b.
Program requirements.
(a)
Annual competition.
(b)
Random techniques and appropriate comparison groups.
1109c.
Application.
(a)
In general.
(b)
Duration.
(c)
Contents.
(d)
Sufficient size and scope required.
1109d.
Evaluation and dissemination.
(a)
National evaluation.
(b)
Cooperation.
(c)
Reports.
(d)
Dissemination.
1109e.
Authorization of appropriations.
1110.
Statement of purpose.
1110a.
Definitions.
1110b.
Program authorized.
(a)
In general.
(b)
Special rule.
(c)
Grant period.
(d)
Funding limitation.
1110c.
Application.
(a)
In general.
(b)
Contents.
1110d.
Reports and information dissemination.
1110e.
Authorization of appropriations.
1111.
Statement of purpose.
1111a.
State grant authority; applications.
(a)
Authority.
(b)
Allocation among States.
(c)
Duration of grant.
(d)
Federal share.
(e)
Non-Federal share.
(f)
Submission of State applications.
1111b.
Agreements.
1111c.
Application.
(a)
In general.
(b)
Contents of application.
1111d.
Requirements.
(a)
General requirements.
(b)
Amount of financial assistance.
1111e.
Special consideration.
1111f.
Use of funds.
1111g.
Definitions.
1111h.
Authorization of appropriations.
1112.
Statement of purpose.
1112a.
Partnership grants authorized.
(a)
Authority.
(b)
Federal share.
(c)
Non-Federal share.
(d)
Administrative costs.
1112b.
Partnership agreement.
(a)
In general.
(b)
Contents of agreement.
(c)
Selection criteria.
1112c.
Application for teacher partnerships program.
(a)
Application required.
(b)
Contents of application.
(c)
State educational agency review.
1112d.
Teacher placement program.
(a)
Grants authorized.
(b)
Use of funds.
(c)
Applications.
(d)
Special consideration.
(e)
Performance incentive.
(f)
Administrative costs.
1112e.
Authorization of appropriations.
1113.
National Mini Corps.
(a)
Program authorized.
(b)
Definitions.
(c)
Purpose of program.
(d)
Application required.
(e)
Awarding of grants.
(f)
Use of funds.
(g)
Evaluation.
(h)
Authorization of appropriations.
1114.
Demonstration grants for critical language and area studies.
(a)
Program authority.
(b)
Grant limitation.
(c)
Special rules.
(d)
Eligible consortium.
(e)
Administration.
(f)
Application.
(g)
''Critical language'' defined.
(h)
Authorization of appropriations.
1114a.
Development of foreign language and culture instructional materials.
(a)
Grants authorized.
(b)
Coordination.
(c)
Authorization of appropriations.
1115.
Model programs and educational excellence.
(a)
Purpose.
(b)
Program authorized.
(c)
Institutional use of funds.
(d)
Definitions.
(e)
Application.
(f)
Authorization of appropriations.
1116.
Training grants.
(a)
Grants authorized.
(b)
Use of grants.
(c)
Special rules.
(d)
Application.
(e)
Authorization of appropriations.
1117.
Training in early childhood education and violence counseling.
(a)
Program authorized.
(b)
Application.
(c)
Plan.
(d)
Selection and priorities.
(e)
Duration and amount.
1117a.
Early childhood staff training and professional enhancement.
(a)
Program authorized.
(b)
Application.
(c)
Lead agency.
(d)
Advisory committee.
(e)
State plan.
1117b.
Report.
1117c.
Authorization of appropriations.
(a)
Training in early childhood education and violence counseling.
(b)
Early childhood staff training and professional enhancement.
1121.
Findings and purposes.
(a)
Findings.
(b)
Purposes.
1122.
Graduate and undergraduate language and area centers.
(a)
National language and area centers authorized.
(b)
Stipends for foreign language and area studies.
(c)
Special rule with respect to travel.
1123.
Language resource centers.
(a)
Language resources centers authorized.
(b)
Conditions for grants.
1124.
Undergraduate international studies and foreign language programs.
(a)
Incentives for creation of undergraduate international studies and
foreign language programs.
(b)
Grants to strengthen programs of demonstrated excellence in
undergraduate international studies and foreign language programs.
(c)
Programs of national significance.
1124a.
Intensive summer language institutes.
(a)
Intensive summer language institutes authorized.
(b)
Peer review.
1125.
Research; studies; annual report.
(a)
Authorized activities.
(b)
Annual report.
1125a.
Periodicals and other research materials published outside United
States.
(a)
Program authorized; authorization of appropriations.
(b)
Authorized activities.
(c)
Application and preference.
(d)
Written agreement.
(e)
Copyright.
1125b.
Selection of certain grant recipients.
(a)
Competitive grants.
(b)
Selection criteria.
(c)
Equitable distribution of grants.
1126.
Equitable distribution of certain funds.
(a)
Selection criteria.
(b)
Equitable distribution.
(c)
Support for undergraduate education.
1127.
American overseas research centers.
(a)
Centers authorized.
(b)
Use of grants.
(c)
Limitation.
1128.
Authorization of appropriations.
1130.
Findings and purposes.
(a)
Findings.
(b)
Purposes.
1130-1.
Centers for international business education.
(a)
Program authorized.
(b)
Authorized expenditures.
(c)
Authorized activities.
(d)
Advisory council.
(e)
Grant duration; Federal share.
(f)
Grant conditions.
1130a.
Education and training programs.
(a)
Program authorized.
(b)
Authorized activities.
(c)
Applications.
(d)
Federal share.
1130b.
Authorization of appropriations.
(a)
Centers for international business education.
(b)
Education and training programs.
1131.
Minority foreign service professional development program.
(a)
Establishment.
(b)
''Eligible recipient'' defined.
(c)
Application.
(d)
Duration.
(e)
Match required.
1131a.
Junior year abroad program.
(a)
Program authority.
(b)
''Eligible student'' defined.
(c)
Special rule.
1131b.
Masters degree in international relations.
1131c.
Internships.
1131d.
Report.
1131e.
Gifts and donations.
1131f.
Authorization of appropriations.
1132.
Definitions.
(a)
Definitions.
(b)
Special conditions.
1132-1.
Preservation of pre-1992 programs.
1132a.
Purposes.
(a)
In general.
(b)
Priority on renovation.
1132a-1.
Prior rights and obligations.
(a)
Authorization of appropriations.
(b)
Legal responsibilities.
1132b.
Short title.
1132b-1.
Findings.
1132b-2.
Distribution of assistance.
(a)
Competitive or formula distribution.
(b)
Matching requirements.
(c)
Priority.
(d)
Equitable participation.
(e)
Special rule.
(f)
Use for maintenance.
(g)
Supplementation.
(h)
Peer review required.
1132b-3.
Use of funds.
(a)
In general.
1132b-4.
Application.
(a)
State higher education agency.
(b)
Institutions of higher education.
1132b-5.
Authorization of appropriations.
1132c.
Findings.
1132c-1.
Definitions.
1132c-2.
Federal insurance for bonds.
(a)
General rule.
(b)
Responsibilities of designated bonding authority.
(c)
Additional agreement provisions.
(d)
Full faith and credit provisions.
1132c-3.
Limitations on Federal insurance for bonds issued by designated
bonding authority.
(a)
Limit on amount.
(b)
Limitation on credit authority.
(c)
Religious activity prohibition.
(d)
Discrimination prohibition.
1132c-4.
Authority of Secretary.
1132c-5.
Prohibition.
1132c-6.
HBCU Capital Financing Advisory Board.
(a)
Establishment and purpose.
(b)
Board membership.
(c)
Authorization of appropriations.
1132c-7.
Minority business enterprise utilization.
1132d.
Federal assistance in form of loans.
(a)
Authority and conditions for loans.
(b)
Amount and conditions of loans.
(c)
Use of loans for previously made contracts.
(d)
Matching requirement.
1132d-1.
General provisions.
(a)
Budget and accounting.
(b)
Use of funds.
(c)
Legal powers.
(d)
Computation of allowable discounts.
(e)
Nondiscrimination between borrowers in offering discounted
prepayment.
(f)
Contracts for supplies or services.
(g)
Applicability of Government Corporation Control Act.
(h)
Wage rates.
(i)
Limitation.
1132d-2.
Apportionment.
(a)
Limitation.
(b)
Priorities.
1132d-3.
Definitions.
(a)
Housing.
(b)
Educational institution.
(c)
Undergraduate and graduate academic facilities.
(d)
Development cost.
(e)
Faculties.
(f)
Other educational facilities.
1132d-4.
Authorization of appropriations.
1132f.
Congressional declaration of purpose; definition; incorporation.
(a)
Purpose.
(b)
Status as non-governmental entity.
(c)
Corporate powers and limitations.
(d)
''Education facilities purpose'' defined.
1132f-1.
Criteria for guarantees and insurance.
(a)
General rule.
(b)
Allocation of reinsurance capacity.
(c)
Direct insurance and guarantee activities; limitations.
(d)
Notice of services.
(e)
Nondiscrimination required.
1132f-2.
Process of organization.
1132f-3.
Operation and election of Board of Directors.
(a)
In general.
(b)
Cumulative voting.
1132f-4.
Initial capital.
(a)
Authority to issue common stock.
(b)
Subscription by Secretary.
(c)
Subscription by Association.
(d)
Annual issuance.
1132f-5.
Issue of nonvoting stock and debt to public.
1132f-6.
Obligations not federally guaranteed; no Federal priority.
1132f-7.
Authority of Secretary to sell common stock; right of first refusal.
(a)
Authority to sell.
(b)
Purchase price.
(c)
Board of Directors elected after majority buy-out.
(d)
Right of first refusal to Association.
(e)
Authority of Association with respect to Corporation.
1132f-8.
Use of stock sale proceeds.
1132f-9.
Audits; reports to President and Congress.
(a)
Accounting.
(b)
Reports.
1132i.
Recovery of payments.
(a)
Public benefit.
(b)
Recovery upon cessation of public benefit.
(c)
Prohibition on use for religion.
1132i-1.
Definitions.
1132i-2.
Forgiveness of certain loans.
(a)
Forgiveness authorized.
(b)
''Institution of higher education'' defined.
(c)
Application.
1133.
Statement of purpose; definition.
(a)
Purpose.
(b)
''Cooperative education'' defined.
1133a.
Authorization of appropriations; reservations.
(a)
Appropriations authorized.
(b)
Reservations.
(c)
Availability of appropriations.
1133b.
Grants for cooperative education.
(a)
Grants authorized.
(b)
Applications.
(c)
Duration of grants; Federal share.
(d)
Maintenance of effort.
(e)
Factors for special consideration of applications.
1133c.
Demonstration and innovation projects; training and resource
centers; and research.
(a)
Authorization.
(b)
Administrative provision.
(c)
Supplement not supplant.
1134.
Purpose and administrative provisions.
(a)
Purpose.
(b)
Administrative provisions.
1134a.
Grants authorized.
1134b.
Submission and contents of application.
(a)
Required information.
(b)
Selection requirements.
1134c.
Use of funds.
1134c-1.
Information collection.
1134c-2.
Authorization of appropriations.
1134d.
Statement of purpose; designation.
(a)
Purpose.
(b)
Designation.
1134e.
Program authorized.
(a)
Grants by Secretary.
(b)
Distribution and amounts of grants.
(c)
Applications.
(d)
Selection of applications.
(e)
Priorities for fellowships.
(f)
Institutional payments.
1134f.
Award of fellowships.
(a)
Awards.
(b)
Requirements for awards.
1134g.
Authorization of appropriations.
1134h.
Award of Jacob K. Javits fellowships.
(a)
Authority and timing of awards.
(b)
Designation of fellows.
(c)
Interruptions of study.
1134i.
Allocation of fellowships.
(a)
Fellowship Board.
(b)
Use of selection panels.
(c)
Fellowship portability.
1134j.
Stipends.
(a)
Award by Secretary.
(b)
Institutional payments.
1134k.
Fellowship conditions.
(a)
Requirements for receipt.
(b)
Reports from recipients.
1134k-1.
Authorization of appropriations.
1134l.
Purpose.
1134m.
Grants to academic departments and programs of institutions.
(a)
Grant authority.
(b)
Award and duration of grants.
(c)
Preference to continuing grant recipients.
1134n.
Institutional eligibility.
(a)
Eligibility criteria.
(b)
Designation of areas of national need.
1134o.
Criteria for applications.
(a)
Selection of applications.
(b)
Contents of applications.
1134p.
Awards to graduate students.
(a)
Commitments to graduate students.
(b)
Amount of stipends.
(c)
Supplementation rule.
(d)
Academic progress required.
1134q.
Additional assistance for cost of education.
(a)
Payments authorized.
(b)
Use for overhead prohibited.
1134q-1.
Authorization of appropriations.
1134r.
Fellowships authorized.
(a)
Fellowship program authorization.
(b)
Geographic distribution.
(c)
Special rule.
(d)
Waiver by Secretary.
(e)
Selection requirements.
(f)
Designation.
1134r-1.
Fellowships.
1134r-2.
Application.
(a)
Application required.
(b)
Contents.
1134r-3.
Fellowship agreement.
1134r-4.
Fellowship repayment provisions.
1134r-5.
Exceptions to repayment provisions.
(a)
Deferral during certain periods.
(b)
Forgiveness if permanently totally disabled.
1134r-6.
Authorization of appropriations.
1134s.
Program requirements.
(a)
Program authority.
(b)
Services authorized.
(c)
Use of funds.
1134t.
Authorization of appropriations.
1134u.
Program authorized.
(a)
Grant and contract purposes.
(b)
Use of funds.
(c)
Limitations on amounts.
(d)
''Accredited law school'' defined.
1134v.
Applications.
(a)
Requirements.
(b)
Distribution of grants and contracts.
1134w.
Authorization of appropriations.
1135.
Fund for the Improvement of Postsecondary Education.
(a)
Authority.
(b)
Planning grants.
1135a.
National Board of the Fund for the Improvement of Postsecondary
Education.
(a)
Establishment.
(b)
Membership.
(c)
Duties.
(d)
Information and assistance.
1135a-1.
Administrative provisions.
(a)
Technical employees.
(b)
Procedures.
1135a-2.
Authorization of appropriations.
(a)
In general.
(b)
Planning grants.
1135a-11.
Special projects.
(a)
Grant authority.
(b)
Application.
(c)
Areas of national need.
(d)
Authorization of appropriations.
1135b.
Purpose; authority.
(a)
Congressional declaration of purpose.
(b)
Grant authority.
1135b-1.
Grant recipient selection.
(a)
Establishment of criteria.
(b)
Priorities to be given in criteria.
(c)
Required criteria.
1135b-2.
Use of funds.
(a)
Types of grants.
(b)
Authorized uses for each type of grant.
1135b-3.
Multiagency study of minority science programs.
1135c.
Minority support in science and engineering programs.
1135c-1.
Special service projects program.
1135c-2.
Supportable activities.
1135d.
Eligibility for grants.
1135d-1.
Grant application.
(a)
Submission and contents of applications.
(b)
Approval based on likelihood of progress.
1135d-2.
Cross program and cross agency cooperation.
1135d-3.
Administrative provisions.
(a)
Technical staff.
(b)
Procedures for grant review.
1135d-4.
Repealed.
1135d-5.
Definitions.
1135d-6.
Authorization of appropriations.
(a)
Authorizations.
(b)
Appropriation limitation.
1135e.
Purpose.
1135e-1.
Program authorized.
1135e-2.
Eligible institutions.
(a)
''Eligible institution'' defined.
(b)
Limitation.
1135e-3.
Amount, duration, and use of funds.
(a)
Amount and duration of grants.
(b)
Use of grants.
1135e-4.
Application.
1135e-5.
Evaluation.
(a)
Independent annual evaluation.
(b)
Evaluations.
(c)
Report to Congress and dissemination.
1135e-6.
Federal share.
1135e-7.
Supplement not supplant.
1135e-8.
Authorization of appropriations.
1135f.
Short title; establishment of program.
(a)
Short title.
(b)
Establishment of program.
(c)
Functions of program.
(d)
Operation of program.
(e)
Authorization of appropriations.
1136.
Findings.
1136a.
Purpose; program authorized.
(a)
Purpose.
(b)
Program authorized.
1136b.
Application for urban community service grants.
(a)
Application.
(b)
Priority in selection of applications.
(c)
Selection procedures.
1136c.
Allowable activities.
1136d.
Peer review.
1136e.
Disbursement of funds.
(a)
Multiyear availability.
(b)
Equitable geographic distribution.
(c)
Matching requirement.
1136f.
Designation of Urban Grant Institutions.
1136g.
Definitions.
1136h.
Authorization of appropriations.
1137.
Statement of purpose.
1137a.
Innovative projects for community service.
(a)
Program authorized.
(b)
Applications.
(c)
Applicable procedures.
(d)
''Community service'' defined.
1138.
Purpose.
1138a.
Literacy corps program and mentoring corps program.
(a)
General authority.
(b)
Limitation.
(c)
Continuation of literacy or mentoring program.
(d)
Federal share.
1138b.
Uses of funds.
(a)
In general.
(b)
Limitations.
1138c.
Applications.
(a)
Application required.
(b)
Contents of application.
(c)
Waiver.
(d)
Carryover of funds.
1138d.
Technical assistance and coordination contract.
1138e.
Definitions.
1139.
Authorization of appropriations.
1141.
Definitions.
1142.
Antidiscrimination requirements for institutions of higher education
receiving Federal assistance; exception.
(a)
In general.
(b)
Limitations on statutory construction.
1142a, 1142b.
Repealed.
1143.
Federal-State relationships; State agreements.
(a)
Agreements required between States and Secretary.
(b)
Terms and conditions of agreements.
(c)
Adequacy of information and assurances.
(d)
Modification of agreements; failure to comply.
(e)
Entities authorized to act on behalf of States.
(f)
''Applicable program'' defined.
1144.
Federal control over education prohibited.
1144a.
Treatment of territories and territorial student assistance.
(a)
Waiver of eligibility criteria.
(b)
Promulgation of regulations; adaptation or modification of programs
to needs of territories.
(c)
Authorization of appropriations.
(d)
Institutions in freely associated states.
1145.
Committee on Institutional Quality and Integrity.
(a)
Establishment.
(b)
Terms of members.
(c)
Functions.
(d)
Meeting procedures.
(e)
Report.
(f)
Termination.
1145a.
Commission to study postsecondary institutional and programmatic
recognition process.
(a)
Establishment.
(b)
Membership and composition.
(c)
Appointment of members; conditions; effect of vacancies;
compensation and travel expenses of members.
(d)
Study of institutional and programmatic recognition process for
eligibility determinations.
(e)
Submission of information by interested parties.
(f)
Narrative and statistical reports.
(g)
Additional reports.
(h)
Appointment, compensation and travel expenses of support personnel;
office space, supplies and equipment; authority of Commission in
conducting study; assistance, support and detail of personnel from
other agencies; contracts, technical assistance etc.
(i)
Report and recommendations to Congressional committees.
(j)
Authorization of appropriations.
1145b.
Student representation.
1145c.
Financial responsibility of foreign students.
1145d.
Disclosures of foreign gifts.
(a)
Disclosure report.
(b)
Contents of report.
(c)
Additional disclosures for restricted and conditional gifts.
(d)
Relation to other reporting requirements.
(e)
Public inspection.
(f)
Enforcement.
(g)
Regulations.
(h)
Definitions.
1145d-1.
Application of peer review process.
1145e.
Aggregate limit of authorization of appropriations.
1145f.
Technology transfer centers.
(a)
Appropriations; establishment and purposes of centers.
(b)
Awarding of financial assistance.
(c)
Operation of centers; establishment of affiliate centers.
(d)
Contents of application.
(e)
Operation of center by consortium; mechanism for assessing
percentage of operating costs paid by members; definition.
(f)
Board; establishment, functions, and membership.
(g)
Awarding of grants; duration and renewal of grants; non-Federal
sources of grants.
(h)
Funding and operation of affiliate center.
(i)
Regional centers; establishment and priorities.
1145g.
Drug and alcohol abuse prevention.
(a)
Certification requirements.
(b)
Availability to Secretary and public of annual distributions and
biennial reviews.
(c)
Regulations; sanctions.
(d)
Procedures applicable upon termination of financial assistance.
1145h.
Grants for campus sexual offenses education.
(a)
Grants authorized.
(b)
General sexual offenses prevention and education grants.
(c)
Model grants.
(d)
Eligibility.
(e)
Applications.
(f)
Grantee reporting.
(g)
''Sexual offenses education and prevention'' defined.
(h)
General terms and conditions.
(i)
Authorization of appropriations.
1146.
Contract authority.
1146a.
Contracting authority subject to appropriations.
362, 541; title 25 sections 13, 13d-2, 309b, 640c-2,
1809; title 26 sections 144, 150; title 42 section
294a.
20 USC SUBCHAPTER I -- PARTNERSHIPS FOR EDUCATIONAL EXCELLENCE
TITLE 20 -- EDUCATION
Title I of the Higher Education Act of 1965, comprising this
subchapter, was originally enacted by Pub. L. 89-329, title I, Nov. 8,
1965, 79 Stat. 1219, and amended by Pub. L. 90-575, Oct. 16, 1968, 82
Stat. 1014; Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L.
92-318, June 23, 1972, 86 Stat. 235; Pub. L. 93-29, May 3, 1973, 87
Stat. 30; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L.
93-644, Jan. 4, 1975, 88 Stat. 2291; Pub. L. 94-135, Nov. 28, 1975,
89 Stat. 713; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L.
95-43, June 15, 1977, 91 Stat. 213; Pub. L. 96-49, Aug. 13, 1979, 93
Stat. 351; Pub. L. 96-96, Oct. 31, 1979, 93 Stat. 729; Pub. L.
96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97-300, Oct. 13, 1982,
96 Stat. 1322; Pub. L. 98-524, Oct. 19, 1984, 98 Stat. 2435; Pub.
L. 99-386, Aug. 22, 1986, 100 Stat. 821; Pub. L. 99-498, Oct. 17,
1986, 100 Stat. 1268; Pub. L. 100-418, Aug. 23, 1988, 102 Stat.
1107; Pub. L. 101-305, May 30, 1990, 104 Stat. 253; Pub. L. 101-610,
Nov. 16, 1990, 104 Stat. 3127; Pub. L. 102-54, June 13, 1991, 105
Stat. 267. Such title is shown herein, however, as having been added by
Pub. L. 102-325, title I, 101, July 23, 1992, 106 Stat. 459, without
reference to such intervening amendments because of the extensive
revision of the title's provisions by Pub. L. 102-325.
20 USC Part A -- School, College, and University Partnerships
TITLE 20 -- EDUCATION
20 USC 1001. Purpose
TITLE 20 -- EDUCATION
It is the purpose of this part to encourage partnerships between
institutions of higher education or State higher education agencies and
secondary schools serving low-income and disadvantaged students, to
support programs that --
(1) improve the retention and graduation rates at such secondary
schools;
(2) improve the academic skills of public and private nonprofit
secondary school students;
(3) increase such students' opportunities to continue a program of
education after secondary school; and
(4) improve such students' prospects for employment after secondary
school.
(Pub. L. 89-329, title I, 101, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 459.)
A prior section 1001, Pub. L. 89-329, title I, 101, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1278, related to
congressional findings, prior to the general revision of this subchapter
by Pub. L. 102-325.
Another prior section 1001, Pub. L. 89-329, title I, 101, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1373, stated
Congressional findings with respect to continuing postsecondary
education program and planning, prior to the general revision of this
subchapter by Pub. L. 99-498.
Another prior section 1001, Pub. L. 89-329, title I, 101, Nov. 8,
1965, 79 Stat. 1219; Pub. L. 90-575, title II, 201, Oct. 16, 1968,
82 Stat. 1035; Pub. L. 92-318, title I, 101(a), June 23, 1972, 86
Stat. 236; Pub. L. 94-482, title I, 101(a), Oct. 12, 1976, 90 Stat.
2083; Pub. L. 96-49, 2, Aug. 13, 1979, 93 Stat. 351, authorized
appropriations for the community service, continuing education, and
lifelong learning program grant programs through fiscal year 1980, prior
to the general revision of this subchapter by Pub. L. 96-374.
Section 2 of Pub. L. 102-325 provided that: ''Except as otherwise
provided in this Act (20 U.S.C. 1001 et seq.) (see Tables for
classification), the amendments made by this Act shall take effect on
October 1, 1992.''
Pub. L. 100-50, 27, June 3, 1987, 101 Stat. 363, provided that:
''The amendments made by this Act (see Short Title of 1987 Amendment
note below) shall take effect as if enacted as part of the Higher
Education Amendments of 1986 (Pub. L. 99-498, see Short Title of 1986
Amendments note below).''
Section 2 of Pub. L. 99-498 provided that: ''Except as otherwise
provided in this Act, the amendments made by this Act (see Tables for
classification) shall take effect on the date of enactment of this Act
(Oct. 17, 1986).''
Section 1393 of Pub. L. 96-374 provided that:
''(a) Except as provided in subsection (b), this Act and the
amendments made by this Act (see Tables for classification) shall take
effect on October 1, 1980.
''(b)(1) The amendment made by section 301 of this Act to title III
of the Act (enacting subchapter III of this chapter) shall take effect
October 1, 1981.
''(2) The amendment made by section 404(c)(4) of this Act to section
415C(b)(4) of the Act (amending section 1070c-2 of this title) shall be
effective October 1, 1979.
''(3) The amendment made by section 405 to subpart 4 of part A of
title IV of the Act (amending subpart 4 of part A of subchapter IV of
this chapter generally) shall take effect October 1, 1981.
''(4) The amendments made by part B of title IV of this Act (enacting
sections 1077a, 1078-2, 1083a, and 1087-1a of this title and amending
sections 1074, 1075, 1077, 1078, 1078-1, 1080, 1082, 1085, 1087-1, and
1087-2 of this title) shall take effect, except as otherwise provided
therein, on January 1, 1981, and to the extent such amendments make
changes in such part B which affect student loans, such changes shall
apply to outstanding loans as well as to loans made after the amendments
take effect, except that the amendments made by section 415(b) (amending
sections 1077(a)(2)(B) and 1078(b)(1)(E) of this title) shall apply with
respect to any loan to cover the cost of instruction for any period of
instruction beginning on or after January 1, 1981, to any student
borrower who has no outstanding balance of principal or interest on any
loan made, insured, or guaranteed under part B of title IV of the Higher
Education Act of 1965 (part B of subchapter IV of this chapter) on the
date on which the borrower enters into the note or other written
evidence of the loan.
''(5) The amendments made by part D of title IV of this Act (enacting
sections 1087cc-1, 1087hh, and 1087ii of this title and amending
sections 1087aa to 1087gg of this title) shall apply to loans made under
part E of the Act (part D of subchapter IV of this chapter) on or after
October 1, 1980.
''(6) The amendment made by section 701 of this Act adding section
731 of the Act (section 1132d of this title) shall apply to loans made
under section 731 on or after October 1, 1980.''
Section 532 of Pub. L. 94-482 provided that: ''The provisions of
this Act (see Tables for classification) and the amendments made by this
Act shall take effect 30 days after the date of the enactment of this
Act (Oct. 12, 1976) except --
''(1) as specifically otherwise provided; and
''(2) that each amendment made by this Act (not subject to clause (1)
of this section) providing for authorization of appropriations shall
take effect July 1, 1976.''
Section 1(a) of Pub. L. 102-325 provided that: ''This Act (see
Tables for classification) may be cited as the 'Higher Education
Amendments of 1992'.''
Pub. L. 102-26, 1(a), Apr. 9, 1991, 105 Stat. 123, provided that:
''This Act (enacting section 1211b of this title, amending sections
1078, 1078-1, 1085, 1087ss, 1088, 1091, 1091a, 1092, 1094, and 1141 of
this title, enacting provisions set out as notes under sections 1070,
1078-1, 1088, and 1091a of this title, amending provisions set out as a
note under section 1092 of this title, and repealing provisions set out
as a note under section 1088 of this title) may be cited as the 'Higher
Education Technical Amendments of 1991'.''
Pub. L. 101-542, 1, Nov. 8, 1990, 104 Stat. 2381, provided that:
''This Act (amending sections 1085, 1092, 1094, and 1232g of this title
and enacting provisions set out as notes under this section and section
1092 of this title) may be cited as the 'Student Right-To-Know and
Campus Security Act'.''
Pub. L. 101-542, title I, 101, Nov. 8, 1990, 104 Stat. 2381,
provided that: ''This title (amending section 1092 of this title and
enacting provisions set out as notes under section 1092 of this title)
may be cited as the 'Student Right-To-Know Act'.''
Pub. L. 101-542, title II, 201, Nov. 8, 1990, 104 Stat. 2384,
provided that: ''This title (amending sections 1092, 1094, and 1232g of
this title and enacting provisions set out as notes under section 1092
of this title) may be cited as the 'Crime Awareness and Campus Security
Act of 1990'.''
Pub. L. 101-508, title III, 3001, Nov. 5, 1990, 104 Stat. 1388-25,
provided that: ''This subtitle (subtitle A ( 3001-3008) of title III
of Pub. L. 101-508, amending sections 1078, 1078-1, 1078-7, 1085, 1088,
and 1091 of this title and sections 362, 541, and 1328 of Title 11,
Bankruptcy, enacting provisions set out as notes under sections 1078-7,
1085, and 1088 of this title and sections 362 and 1328 of Title 11, and
amending provisions set out as a note under section 1078-1 of this
title) may be cited as the 'Student Loan Default Prevention Initiative
Act of 1990'.''
Pub. L. 101-239, title II, 2001, Dec. 19, 1989, 103 Stat. 2111,
provided that: ''This subtitle (subtitle A ( 2001-2009) of title II of
Pub. L. 101-239, enacting section 1078-7 of this title, amending
sections 1077, 1078, 1078-1, 1078-6, 1082, 1085, 1087dd, 1087tt, 1088,
1092b, and 1094 of this title, and enacting provisions set out as notes
under sections 1077, 1078, 1078-1, and 1078-6 of this title) may be
cited as the 'Student Loan Reconciliation Amendments of 1989'.''
Pub. L. 100-50, 1(a), June 3, 1987, 101 Stat. 335, provided that:
''This Act (enacting sections 1059a, 1087tt, 1087uu, 1087uu-1, and
1145d-1 of this title, amending sections 1057, 1058, 1062, 1063a to
1063c, 1065, 1066, 1067, 1069a, 1070a to 1070a-4, 1070a-6, 1070b-3,
1070c-4, 1070d-1b, 1070d-2, 1070e-1, 1070f, 1075, 1077, 1077a, 1078 to
1078-3, 1078-5, 1078-6, 1080a, 1081 to 1083, 1085, 1087-1, 1087-2,
1087d, 1087bb, 1087cc, 1087cc-1, 1087dd, 1087ee, 1087oo to 1087ss,
1087vv, 1088, 1089 to 1091, 1092 to 1092b, 1095, 1096, 1098, 1109 to
1109d, 1111, 1111b, 1111f, 1111g, 1122, 1132a, 1132a-1, 1132d, 1132d-2,
1132g-3, 1132i-1, 1134h to 1134j, 1141, 1145e, 1221e, and 1221e-1 of
this title, section 4604 of Title 22, Foreign Relations and Intercourse,
and sections 2752, 2753, and 2756 of Title 42, The Public Health and
Welfare, enacting provisions set out as notes under section 2752 of
Title 42, and amending provisions set out as notes under sections 1011,
1071, 1087dd, 1087kk, 1091, 1121, 1145d, 1221-1, and 1221e-1 of this
title and section 2753 of Title 42) may be cited as the 'Higher
Education Technical Amendments Act of 1987'.''
Section 1 of Pub. L. 99-498 provided that: ''This Act (see Tables
for classification) may be cited as the 'Higher Education Amendments of
1986'.''
Pub. L. 99-320, 1, May 23, 1986, 100 Stat. 491, provided: ''That
this Act (amending sections 1078 and 1080a of this title and a provision
set out as a note under section 1072 of this title) may be cited as the
'Student Financial Assistance Technical Corrections Act of 1986'.''
Pub. L. 99-272, title XVI, 16001(a), Apr. 7, 1986, 100 Stat. 339,
provided that: ''This title (enacting sections 1078-3, 1080a, and 1091a
of this title, amending sections 1072, 1074, 1075, 1077, 1078, 1080,
1082, 1083a, 1085, 1087-1, 1087-2, 1087cc, 1087cc-1, 1087dd, 1087gg,
1089, 1091, and 1094 of this title, enacting provisions set out as notes
under sections 1072, 1078, and 1078-3 of this title, and amending
provisions set out as a note under section 1078 of this title) may be
cited as the 'Student Financial Assistance Amendments of 1985'.''
Pub. L. 98-95, 1, Sept. 26, 1983, 97 Stat. 708, provided: ''That
this Act (enacting section 1065a of this title, amending section 1069c
of this title, enacting provisions set out as a note under section
1132a-1 of this title, and amending provisions set out as notes under
sections 123 and 1069c of this title) may be cited as the 'Challenge
Grant Amendments of 1983'.''
Pub. L. 98-79, 1, Aug. 15, 1983, 97 Stat. 476, provided: ''That
this Act (amending sections 1071, 1077, 1077a, 1078, 1078-2, 1083a,
1087-1, 1087-2, 1087cc-1, and 1098 of this title, repealing section
1087-1a of this title, enacting provisions set out as notes under
sections 1077, 1077a, 1078, and 1087-1 of this title, and amending
provisions set out as notes under sections 1070a, 1078, and 1089 of this
title) may be cited as the 'Student Loan Consolidation and Technical
Amendments Act of 1983'.''
Pub. L. 97-301, 1, Oct. 13, 1982, 96 Stat. 1400, which provided:
''That this Act (amending sections 1070a, 1083a, 1087-2, and 1087cc-1 of
this title and enacting provisions set out as notes under sections
1070a, 1070b-3, 1078, 1087bb, 1089, and 1221e-1 of this title and
section 2752 of Title 42, The Public Health and Welfare) may be cited as
the 'Student Financial Assistance Technical Amendments Act of 1982'.'',
was repealed by Pub. L. 99-498, title IV, 408(b), Oct. 17, 1986, 100
Stat. 1495, eff. with respect to any academic year beginning on or
after July 1, 1988.
Pub. L. 97-35, title V, subtitle B, 531, Aug. 13, 1981, 95 Stat.
450, provided that: ''This subtitle (amending sections 1075, 1077,
1077a, 1078, 1078-1, 1078-2, 1087-1, 1087-2, 1087dd, 1089, 1096, and
1232 of this title, repealing section 1087-3a of this title, and
enacting provisions set out as notes under section 1078 of this title)
may be cited as the 'Postsecondary Student Assistance Amendments of
1981'.''
Section 1 of Pub. L. 96-374 provided: ''That this Act (enacting
sections 239a, 1001 to 1005, 1011 to 1015, 1016 to 1019, 1021, 1022,
1029, 1031 to 1034, 1041, 1042, 1047 to 1047j, 1051, 1057 to 1069c,
1070d-1a to 1070d-2, 1077a, 1078-2, 1083a, 1087-1a, 1087cc-1, 1087hh,
1087ii, 1088 to 1098, 1119b to 1119b-5, 1119c to 1119c-2, 1121 to 1127,
1130 to 1132, 1132a to 1132a-1, 1132b to 1132c, 1132d to 1132d-4, 1132e,
1132e-1, 1134d to 1134p, 1135 to 1135a-3, 1136 to 1136d, 1143, 1144a,
1145, 1146, 1221e-1b, 1221e-4, and 3063 to 3065 of this title, section
640c-2 of Title 25, Indians, and sections 2753 and 2756b of Title 42,
The Public Health and Welfare, amending sections 1070 to 1070c-3, 1070d,
1070d-1, 1070e to 1077, 1078, 1078-1, 1079, 1080 to 1083, 1085 to
1087-1, 1087-2, 1087aa to 1087cc, 1087dd to 1087gg, 1101 to 1104, 1119
to 1119a-1, 1133 to 1134c, 1135c-1, 1141, 1142, 1221e, 1226a, 1226c, and
1232 of this title, section 326a of Title 7, Agriculture, section 640c-1
of Title 25, sections 714 and 792 of Title 29, Labor, and sections 2751,
2752, and 2756 of Title 42, repealing sections 511 to 513, 1070c-4,
1070d-3, 1087-4, 1134q to 1134s, 1142a, 1142b, 1145, 1145a, 1145c, 1172
to 1174, 1176, 1177, and 1221d of this title and section 2754 of Title
42, enacting provisions set out as notes under sections 236, 1001,
1119b, and 1221-1 of this title and section 301 of Title 7, and amending
provisions set out as notes under section 236 of this title and section
301 of Title 7) may be cited as the 'Education Amendments of 1980'.''
Section 1 of Pub. L. 96-49 provided: ''That this Act (enacting
section 1087gg of this title, amending this section and sections 513,
1021, 1042, 1051, 1070a, 1070b, 1070c, 1070d, 1070d-2, 1070e-1, 1078,
1087-1, 1087aa, 1088, 1101, 1119, 1121, 1132a, 1132b, 1132c, 1132c-4,
1134, 1134e, 1134i, 1134n, 1134r-1, 1135, 1135a, 1136b, 1142b, 1221d,
and 1221e of this title, enacting provisions set out as notes under
sections 1070a, 1087-1, 1087gg, and 1088 of this title, and amending
provisions set out as a note under section 1070a of this title) may be
cited as the 'Higher Education Technical Amendments of 1979'.''
Section 1 of Pub. L. 95-566 provided: ''That this Act (enacting
section 1087-3a of this title, amending sections 1070a, 1070c-2,
1070d-1, 1075, 1077, 1078, 1088 and 1088f of this title, and enacting
provisions set out as a note under this section) may be cited as the
'Middle Income Student Assistance Act'.''
Section 1 of Pub. L. 95-336 provided: ''That this Act (amending
section 1070e-1 of this title, sections 1001, 1002, and 1007 of Title
21, Food and Drugs, and former section 246 of Title 38, Veterans'
Benefits, and enacting provisions set out as a note under section
1070e-1 of this title) may be cited as the 'Alcohol and Drug Abuse
Education Amendments of 1978'.''
Section 1 of Pub. L. 94-482 provided: ''That this Act (see Tables
for classification) may be cited as the 'Education Amendments of
1976'.''
Pub. L. 94-328, 1, June 30, 1976, 90 Stat. 727, provided: ''That
this joint resolution (amending sections 1070a, 1074, 1078 and 1078a of
this title and enacting provisions set out as notes under section 1226a
of this title and section 2756 of Title 42, The Public Health and
Welfare) may be cited as the 'Emergency Technical Provisions Act of
1976'.''
Section 1 of Pub. L. 92-318 provided: ''That this Act (enacting
chapter 36 ( 1601 et seq.), chapter 37 ( 1651 et seq.), chapter 38 (
1681 et seq.), and sections 241aa to 241ff, 887c, 887d, 900 to 900a-5,
1005a, 1021, 1031, 1042, 1070 to 1070e, 1070e-1, 1087-1, 1087-2, 1087aa
to 1087ff, 1088d to 1088g, 1119a, 1132a to 1132e-1, 1134 to 1134s, 1135,
1135a, 1135b to 1135c, 1135c-1, 1142a, 1142b, 1144a, 1145a, 1211a, 1221a
to 1221h, 1227 of this title, and section 326a of Title 7, Agriculture,
and 2756a of Title 42, The Public Health and Welfare, amending this
section and sections 240, 241c, 241e, 331a, 332, 421, 441, 511, 513,
822, 823, 842, 843, 863, 880b-3a, 1003, 1011, 1021, 1022 to 1024, 1027,
1031, 1033, 1041, 1051 to 1056, 1061, 1068, 1070, 1074, 1075, 1077,
1078, 1078a, 1080, 1083, 1084, 1087, 1087a, 1087c, 1088, 1088c, 1091,
1091a to 1091c, 1101, 1102, 1108 to 1111, 1115, 1116, 1118, 1119, 1119a,
1119b-2, 1121, 1129, 1133, 1133a, 1134j, 1136, 1136a, 1136b, 1141, 1176,
1231, 1231a, 1232a, 1232c, 1242, 1244, 1248, 1302, 1321 to 1323, 1341,
1352, 1371, 1391, and 1412 of this title, and sections 329, 331, 343,
349, 361, and 1626 of Title 7, sections 24, 84, 1464, and 1757 of Title
12, Banks and Banking, sections 203 and 213 of Title 29, Labor, and
sections 2751, 2752, and 2754 of Title 42, repealing sections 1, 2, 426,
711 to 721, 731, 732, 746, 1021, 1031, 1032, 1060, 1118, 1119a, 1119b-2,
and 1119c-4 of this title, and enacting provisions set out as notes
under this section and sections 241a, 241e, 241aa, 331a, 425, 821, 887d,
1005a, 1009, 1070, 1070e, 1074, 1075, 1087-2, 1087aa, 1091a, 1132a,
1132c-3, 1135c, 1231, and 1232 of this title, sections 301 and 326a of
Title 7, and section 3501 of Title 42) may be cited as the 'Education
Amendments of 1972'.''
Section 1 of Pub. L. 90-575 provided: ''That this Act (enacting
sections 451 to 455, 746, 1056, 1060, 1087, 1087a to 1087c, 1088 to
1088c, 1089, 1119a-1, 1129a, 1133 to 1133b, 1134 to 1134l, 1135, 1135a,
1135b, 1135c, 1136 to 1136b, 1145, 1146 to 1150 of this title, amending
this section and sections 403, 421 to 425, 425 note, 426, 441 to 445,
462 to 464, 481 to 484, 511, 513, 562, 581, 584, 588, 591, 711, 713 to
718, 731, 732, 743, 751, 758, 961, 1005, 1006, 1021 to 1024, 1031, 1033,
1041, 1051, 1061, 1062, 1065 to 1068, 1071 to 1075, 1077, 1078, 1080,
1083 to 1086, 1091c, 1101, 1104, 1108 to 1111, 1113, 1114, 1115, 1118,
1119a, 1119b-2, 1121, 1124, 1125, 1141, 1142, 1143, 1144 and 1176 of
this title, section 1464 of Title 12, Banks and Banking, and sections
2741, 2751 to 2756, and 2809 of Title 42, The Public Health and Welfare,
repealing sections 733, 981 to 996 of this title, and section 2757 of
Title 42, and enacting provisions set out as notes under this section
and sections 423 to 425, 445, 462 to 464, 588, 713, 716 to 718, 743,
751, 981, 1006, 1022, 1024, 1051, 1056, 1060, 1067, 1071, 1077, 1078,
1083, 1088b, and 1109 of this title, and sections 2751, 2753, 2754, and
2809 of Title 42) may be cited as the 'Higher Education Amendments of
1968'.''
Pub. L. 89-752, 1, Nov. 3, 1966, 80 Stat. 1240, provided: ''That
this Act (enacting section 1086 of this title, amending sections 403,
421, 425, 441, 443, 711-715, 731, 743, 744, 751, 1022, 1051, 1072, 1121,
and 1124 of this title, and enacting provisions set out as notes under
sections 403, 443, 1022, 1071, and 1124 of this title) may be cited as
the 'Higher Education Amendments of 1966'.''
Section 1 of Pub. L. 89-329 provided: ''That this Act (enacting
this chapter and section 2757 of Title 42, The Public Health and
Welfare, and amending sections 403, 424, 425, 441, 443, 591, 711, 713 to
717, 731, and 751 of this title, and sections 2751 to 2756, and 2761 of
Title 42) may be cited as the 'Higher Education Act of 1965'.''
Title V of Pub. L. 89-329, which enacted subchapter V of this
chapter, is known as the ''Education Professions Development Act'', see
Short Title note set out under section 1119 of this title.
Section 1(c) of Pub. L. 102-325 provided that: ''Unless otherwise
provided therein, terms used in titles XIII, XIV, and XV (enacting
sections 1145h and 4426 of this title, sections 3301 to 3371 of Title
25, Indians, and sections 2401 to 2405 of Title 29, Labor, amending
sections 1221e-1, 1232g, 3412, 4412, 4414, 4416, 4417, 4418, 4421, 4422,
4423, 4424, 4425, 5381, and 5411 of this title, section 5315 of Title 5,
Government Organization and Employees, sections 4604 and 4609 of Title
22, Foreign Relations and Intercourse, sections 640c-1, 1810, 1836, and
1852 of Title 25, and sections 295g-8 and 12576 of Title 42, The Public
Health and Welfare, enacting provisions set out as notes under sections
1070, 1070a-11, 1070a-21, 1071, 1080, 1088, 1101, 1132a, 1134, 1221-1,
1221e, 1221e-1, 1232g, and 1452 of this title, amending provisions set
out as a note under section 1091a of this title, and repealing
provisions set out as a note under section 362 of Title 11, Bankruptcy)
shall have the same meaning given to such terms in section 1201 of the
Higher Education Act of 1965 (section 1141 of this title).''
Section 2 of Pub. L. 92-318 provided that:
''(a) As used in this Act (See Short Title of 1972 Amendment note
above) --
''(1) the term 'Secretary' means the Secretary of Health, Education,
and Welfare (now Secretary of Education); and
''(2) the term 'Commissioner' means the Commissioner of Education
(now Secretary of Education);
unless the context requires another meaning.
''(b) Unless otherwise specified, the redesignation of a section,
subsection, or other designation by any amendment in this Act shall
include the redesignation of any reference to such section, subsection,
or other designation in any Act or regulation, however styled.
''(c)(1) Unless otherwise specified, each provision of this Act and
each amendment made by this Act shall be effective after June 30, 1972,
and with respect to appropriations for the fiscal year ending June 30,
1973, and succeeding fiscal years.
''(2) Unless otherwise specified, in any case where an amendment made
by this Act is to become effective after a date set herein, it shall be
effective with the beginning of the day which immediately follows the
date after which such amendment is effective.
''(3) In any case where the effective date for an amendment made by
this Act is expressly stated to be effective after June 30, 1971, such
amendment shall be deemed to have been enacted on July 1, 1971.''
Section 505 of Pub. L. 90-575, which provided for publication of
rules and regulations in Federal Register, was repealed by Pub. L.
91-230, title IV, 401(e)(2), Apr. 13, 1970, 84 Stat. 173. See section
1232(b) of this title.
Section 508 of Pub. L. 90-575 authorized the President, on or before
Dec. 31, 1969, to submit to the Congress proposals relative to the
feasibility of making available a post-secondary education to all young
Americans who qualify and seek it.
20 USC 1002. Agreement
TITLE 20 -- EDUCATION
(a) Agreement
To be eligible for a grant under this part, an institution of higher
education, a State higher education agency, or a consortium consisting
of any of the preceding entities thereof shall enter into a written
partnership agreement with a local educational agency. Such partnership
may include businesses, labor organizations, professional associations,
community-based organizations, public television stations or other
telecommunications entities, or other public or private agencies or
organizations. Each entity participating in the partnership shall sign
the agreement.
(b) Contents of agreement
The agreement shall include --
(1) a listing of all participants in the partnership, including a
designation of the official representatives of each entity participating
in the partnership;
(2) a description of the responsibilities of each participant in the
partnership; and
(3) a listing of the resources to be contributed by each participant
in the partnership.
(Pub. L. 89-329, title I, 102, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 459.)
A prior section 1002, Pub. L. 89-329, title I, 102, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1278, defined terms
''continuing education'', ''adult learner'', ''eligible institution'',
and ''qualified entity'', prior to the general revision of this
subchapter by Pub. L. 102-325.
Another prior section 1002, Pub. L. 89-329, title I, 102, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1374,
provided for establishment of Commission on National Development in
Postsecondary Education, prior to the general revision of this
subchapter by Pub. L. 99-498.
Another prior section 1002, Pub. L. 89-329, title I, 102, Nov. 8,
1965, 79 Stat. 1219; Pub. L. 94-482, title I, 101(b)(1), (g)(2), Oct.
12, 1976, 90 Stat. 2083, 2086, defined the terms ''community service
program'', ''continuing education program'', and ''resource materials
sharing programs'', prior to the general revision of this subchapter by
Pub. L. 96-374.
20 USC 1003. Grants
TITLE 20 -- EDUCATION
(a) Division between school-year and summer programs
From the funds appropriated to carry out this part pursuant to
section 1006 of this title, the Secretary shall reserve 65 percent of
such funds to carry out programs operating during the regular school
year and 35 percent of such funds to carry out programs operating during
the summer.
(b) Amount and use of grants
(1) Amount
The Secretary shall make grants under this part in amounts which are
not less than $250,000 and not more than $1,000,000.
(2) Permitted uses of funds
Grants under this part may be used by the partnership for programs
that --
(A) use college students to tutor secondary school students and
improve their basic academic skills or to involve secondary school
students in community service-learning projects;
(B) are designed to improve the basic academic skills of secondary
school students;
(C) are designed to increase the understanding of specific subjects
of secondary school students;
(D) are designed to improve the opportunity to continue a program of
education after graduation for secondary school students; and
(E) are designed to increase the prospects for employment after
graduation of secondary school students.
(c) Preferences
In making grants under this part, the Secretary shall give a
preference to --
(1) programs which will serve predominantly low-income communities;
(2) partnerships which will run programs during the regular school
year and summer;
(3) programs which will serve educationally disadvantaged students;
students with disabilities; potential dropouts; pregnant adolescents
and teenage parents; children of migratory agricultural workers or of
migratory fishermen; or students whose native language is other than
English; and
(4) programs designed to encourage women and minorities who are
underrepresented in the fields of science and mathematics to pursue
these fields.
(d) Duration
Each grant awarded under this part may be awarded for a period not to
exceed 5 years.
(e) Equitable geographic distribution
The Secretary shall award grants under this part in a manner that
achieves an equitable geographic distribution of such grants.
(Pub. L. 89-329, title I, 103, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 459.)
A prior section 1003, Pub. L. 89-329, title I, 103, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1279, related to
limitation on contract authority, prior to the general revision of this
subchapter by Pub. L. 102-325.
Another prior section 1003, Pub. L. 89-329, title I, 103, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1375,
related to duties of the Commission on National Development in
Postsecondary Education, prior to the general revision of this
subchapter by Pub. L. 99-498.
Another prior section 1003, Pub. L. 89-329, title I, 103, Nov. 8,
1965, 79 Stat. 1219; Pub. L. 92-318, title I, 102(a)(2), June 23,
1972, 86 Stat. 237; Pub. L. 94-482, title I, 101(b)(2), (g)(2), Oct.
12, 1976, 90 Stat. 2084, 2086; Pub. L. 95-43, 1(a)(1), June 15, 1977,
91 Stat. 213; Pub. L. 96-96, 1, Oct. 31, 1979, 93 Stat. 729,
provided for the allotment of funds to States, prior to the general
revision of this subchapter by Pub. L. 96-374.
20 USC 1004. Grant application
TITLE 20 -- EDUCATION
(a) Application required
A partnership desiring to receive a grant under this part shall
submit an application to the Secretary, in such form and providing such
information as the Secretary, by regulation, shall require.
(b) Contents of application
The application shall include --
(1) the partnership agreement described in section 1002 of this
title;
(2) a listing of the public and private nonprofit secondary school or
schools to be involved in the program;
(3) a description of the activities and services for which assistance
is sought;
(4) a description of the programs to be developed and operated by the
partnership; and
(5) assurances to the Secretary that --
(A) the partnership will establish a governing body including one
representative of each participant in the partnership;
(B) Federal funds will provide no more than 70 percent of the cost of
the project in the first year, 60 percent of such costs in the second
year, and 50 percent of such costs in the third year and any subsequent
year;
(C) a local educational agency or institution of higher education
receiving funds under this subpart /1/ shall not reduce its combined
fiscal effort per student or its aggregate expenditure on education;
(D) a local educational agency or institution of higher education
participating in this partnership shall utilize any Federal funds it
shall receive from a grant under this part to supplement, and, to the
extent practicable, increase the resources that would, in the absence of
such Federal funds, be made available from non-Federal sources for the
education of students described in this part; and
(E) in no case shall funds under such a grant be used to supplant
non-Federal funds already available.
(c) Special rule
The non-Federal share of grants awarded under this part may be in
cash or in kind fairly evaluated, including services, supplies or
equipment.
(d) Waiver
The Secretary may waive the matching requirement described in
paragraph (5)(B) for any eligible partnership that demonstrates to the
satisfaction of the Secretary a unique hardship that prevents compliance
with such matching requirement.
(Pub. L. 89-329, title I, 104, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 460.)
A prior section 1004, Pub. L. 89-329, title I, 104, as added Pub.
L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1376, related to
administrative provisions and powers of Commission on National
Development in Postsecondary Education, prior to the general revision of
this subchapter by Pub. L. 99-498.
Another prior section 1004, Pub. L. 89-329, title I, 104, Nov. 8,
1965, 79 Stat. 1220; Pub. L. 94-482, title I, 101(b)(3), Oct. 12,
1976, 90 Stat. 2084; Pub. L. 95-43, 1(a)(2), June 15, 1977, 91 Stat.
213, described the allowable uses of States' allotments of funds, prior
to the general revision of this subchapter by Pub. L. 96-374.
/1/ So in original. Probably should be ''part''.
20 USC 1005. Peer review
TITLE 20 -- EDUCATION
The Secretary shall designate a peer review panel to review
applications submitted under this part and make recommendations for
funding to the Secretary. In selecting the peer review panel, the
Secretary shall consult with officials of the other Federal agencies and
with non-Federal organizations to ensure that the panel membership shall
be geographically balanced and be composed of representatives from
public and private institutions of elementary, secondary, and higher
education, labor, business, and State and local governments, who have
expertise in community service or in education.
(Pub. L. 89-329, title I, 105, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 461.)
A prior section 1005, Pub. L. 89-329, title I, 105, as added Pub.
L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1377, authorized
appropriations, prior to the general revision of this subchapter by Pub.
L. 99-498.
Another prior section 1005, Pub. L. 89-329, title I, 105, Nov. 8,
1965, 79 Stat. 1220; Pub. L. 90-575, title II, 202, Oct. 16, 1968,
82 Stat. 1036; Pub. L. 94-482, title I, 101(b)(4)-(10), (g)(2), Oct.
12, 1976, 90 Stat. 2084-2086; Pub. L. 95-43, 1(a)(3), (b)(1), (2),
June 15, 1977, 91 Stat. 213, 218, set out the requisite features of
State plans, prior to the general revision of this subchapter by Pub.
L. 96-374.
A prior section 1005a, Pub. L. 89-329, title I, 106, as added Pub.
L. 92-318, title I, 102(a)(1), June 23, 1972, 86 Stat. 237; amended
Pub. L. 94-482, title I, 101(g)(2), Oct. 12, 1976, 90 Stat. 2086,
provided for special programs and projects relating to national and
regional problems, prior to the general revision of this subchapter by
Pub. L. 96-374.
20 USC 1006. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated $20,000,000 for fiscal year
1993 and such sums as may be necessary for each of the 4 succeeding
fiscal years to carry out this part.
(Pub. L. 89-329, title I, 106, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 461.)
Prior sections 1006 to 1010 were omitted in the general revision of
this subchapter by Pub. L. 96-374.
Section 1006, Pub. L. 89-329, title I, 107, formerly 106, Nov. 8,
1965, 79 Stat. 1221; Pub. L. 90-575, title II, 203(a), Oct. 16,
1968, 82 Stat. 1036, renumbered Pub. L. 92-318, title I, 102(a)(1),
June 23, 1972, 86 Stat. 236, and amended Pub. L. 94-482, title I,
101(c), (g)(2), Oct. 12, 1976, 90 Stat. 2085, 2086, related to payment
and method of payment of funds.
Section 1007, Pub. L. 89-329, title I, 108, formerly 107, Nov. 8,
1965, 79 Stat. 1222, renumbered Pub. L. 92-318, title I, 102(a)(1),
June 23, 1972, 86 Stat. 236, and amended Pub. L. 94-482, title I,
101(g)(2), Oct. 12, 1976, 90 Stat. 2086, related to disapproval of
State plans, notice and hearing, findings of Commissioner of Education,
and notification to State of noneligibility.
Section 1008, Pub. L. 89-329, title I, 109, formerly 108, Nov. 8,
1965, 79 Stat. 1222, renumbered Pub. L. 92-318, title I, 102(a)(1),
June 23, 1972, 86 Stat. 236, and amended Pub. L. 94-482, title I,
101(d), Oct. 12, 1976, 90 Stat. 2085, provided for judicial review of
actions of Commissioner of Education and scope of that review.
Section 1008a, Pub. L. 89-329, title I, 110, as added Pub. L.
93-29, title VIII, 803, May 3, 1973, 87 Stat. 59, and amended Pub. L.
94-135, title II, 201, Nov. 28, 1975, 89 Stat. 726; Pub. L. 94-482,
title I, 101(g)(2), Oct. 12, 1976, 90 Stat. 2086, provided for
programs and projects relating to problems of the elderly.
Section 1008b, Pub. L. 89-329, title I, 111, as added Pub. L.
94-482, title I, 101(e), Oct. 12, 1976, 90 Stat. 2085, related to
technical assistance and administration.
Section 1009, Pub. L. 89-329, title I, 112, formerly 109, Nov. 8,
1965, 79 Stat. 1223; Pub. L. 91-230, title IV, 401(h)(4), Apr. 13,
1970, 84 Stat. 174, renumbered 110, Pub. L. 92-318, title I,
102(a)(1), June 23, 1972, 86 Stat. 236, renumbered 111, Pub. L.
93-29, title VIII, 803, May 3, 1973, 87 Stat. 59; Pub. L. 93-380,
title VIII, 831, Aug. 21, 1974, 88 Stat. 603; Pub. L. 93-644, 9(a),
Jan. 4, 1975, 88 Stat. 2310, renumbered 112 and amended Pub. L.
94-482, title I, 101(e), (f)(1), (g)(2), Oct. 12, 1976, 90 Stat.
2085, 2086; 1977 Reorg. Plan No. 2, 7(a)(13), 42 F.R. 62461, 91
Stat. 1637, provided for creation of a National Advisory Council on
Extension and Continuing Education.
Section 1010, Pub. L. 89-329, title I, 113, formerly 110, Nov. 8,
1965, 79 Stat. 1224, renumbered 111, Pub. L. 92-318, title I,
102(a)(1), June 23, 1972, 86 Stat. 236, renumbered 112, Pub. L.
93-29, title VIII, 803, May 3, 1973, 87 Stat. 59, renumbered 113 and
amended Pub. L. 94-482, title I, 101(e), (f)(2), Oct. 12, 1976, 90
Stat. 2085, 2086, directed that nothing in the section be held to
modify any authority under the Smith-Lever Act, section 341 et seq. of
Title 7, Agriculture.
20 USC Part B -- Articulation Agreements
TITLE 20 -- EDUCATION
20 USC 1011. Findings and purpose
TITLE 20 -- EDUCATION
(a) Findings
The Congress finds that --
(1) because more than one-half of all first-time first-year students
attending postsecondary institutions attend community or junior
colleges, and because almost one-half of minority students enrolled in
higher education attend 2-year institutions, community and junior
colleges represent a substantial and an important educational resource;
(2) declining participation rates for low-income students and
minorities at institutions of higher education is of growing concern to
the higher education community and Congress; and
(3) there is growing awareness of the need to assist low-income,
minority and other nontraditional students in bridging the gap between
2-year to 4-year institutions, enabling such students to reach their
individual potential, as well as contribute to the larger society.
(b) Purpose
The purpose of this part is to improve the educational opportunities
of this Nation's postsecondary students by creating comprehensive
articulation agreements and planning between partnerships of 2-year and
4-year institutions of higher education.
(Pub. L. 89-329, title I, 121, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 461.)
A prior section 1011, Pub. L. 89-329, title I, 111, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1279, related to
institutional development, prior to the general revision of this
subchapter by Pub. L. 102-325.
Another prior section 1011, Pub. L. 89-329, title I, 111, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1377, stated
Congressional findings with respect to education outreach programs,
prior to the general revision of this subchapter by Pub. L. 99-498.
Another prior section 1011, Pub. L. 89-329, title I, 114, formerly
111, Nov. 8, 1965, 79 Stat. 1224, renumbered 112 and amended Pub. L.
92-318, title I, 102(a)(1), 131(d)(2)(A), June 23, 1972, 86 Stat.
236, 260, renumbered 113, Pub. L. 93-29, title VIII, 803, May 3,
1973, 87 Stat. 59, renumbered 114, Pub. L. 94-482, title I, 101(e),
Oct. 12, 1976, 90 Stat. 2085, prohibited the giving of grants for
programs relating to sectarian instruction or worship, prior to the
general revision of this subchapter by Pub. L. 96-374.
A prior section 121 of Pub. L. 89-329, title I, as added Pub. L.
99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1285, related to adult
learning research and was classified to section 1016 of this title,
prior to the general revision of this subchapter by Pub. L. 102-325.
20 USC 1011a. Authorization of grants
TITLE 20 -- EDUCATION
(a) Assistance for articulation partnerships
From amounts appropriated for this part, the Secretary shall make
grants to States to enable States to make awards, either on a
competitive basis or on the basis of a formula determined by the State,
to articulation partnerships between --
(1) a qualified 2-year institution; and
(2) a qualified 4-year institution.
(b) Qualified institutions
For purposes of this part --
(1) a qualified 2-year institution is an institution of higher
education (as determined under section 1088(a) of this title) that is an
eligible institution under section 1085(a) of this title and that --
(A) is a nonprofit institution that offers a 2-year associate degree
or a 2-year certificate program; or
(B) is a proprietary institution that offers a 2-year associate
degree program; and
(2) a qualified 4-year institution is an institution of higher
education (as determined under section 1088(a) of this title) that is an
eligible institution under section 1085(a) of this title and that offers
a baccalaureate degree program.
(c) Allocation and State grants
(1) Formula allocation
In any fiscal year for which the amount made available under section
1011h of this title to carry out the provisions of this part equals or
exceeds $50,000,000, the Secretary shall allot an amount that bears the
same ratio to the amount appropriated under section 1011h of this title
for such fiscal year as the total amount received under subchapter IV of
this chapter and part C of subchapter I of chapter 34 of title 42 by
students attending institutions of higher education in that State for
such fiscal year bears to the total amount received under subchapter IV
of this chapter and part C of subchapter I of chapter 34 of title 42 by
all students for such fiscal year, based on the most recent year for
which such data are available.
(2) Competitive grants
In any fiscal year for which the amount made available under section
1011h of this title to carry out the provisions of this part do not
equal or exceed $50,000,000, the Secretary is authorized, in accordance
with the provisions of this part, to make grants to States to carry out
articulation agreements under sections 1011c and 1011d of this title.
(Pub. L. 89-329, title I, 122, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 462.)
A prior section 122 of Pub. L. 89-329, title I, as added Pub. L.
99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1286, limited funds
authorized to be appropriated and was classified to section 1016a of
this title, prior to the general revision of this subchapter by Pub. L.
102-325.
20 USC 1011b. State application
TITLE 20 -- EDUCATION
Each State that desires to receive a grant under this part shall
submit an application to the Secretary in such form and containing or
accompanied by such information as the Secretary may require. Such
application shall --
(1) after consultation with the State agencies responsible for
supervision of community colleges, technical institutes, or other 2-year
postsecondary institutions, designate a sole State agency as the State
agency responsible for the administration and supervision of activities
carried out with assistance under this part;
(2) describe how funds will be allocated in a manner consistent with
section 1011c of this title;
(3) contain assurances that the State will comply with the
requirements of this part;
(4) provide for an annual submission of data concerning the use of
funds and students served with assistance under this part; and
(5) provide that the State will keep such records and provide such
information to the Secretary as may be required for purposes of
financial audits and program evaluation.
(Pub. L. 89-329, title I, 123, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 462.)
20 USC 1011c. Local applications
TITLE 20 -- EDUCATION
Any articulation partnership comprised of qualified institutions that
desires to receive a grant from a State under this part shall submit an
application to the State in such form and containing or accompanied by
such information as the State may require and shall --
(1) include in the articulation agreement --
(A) assurances that academic credit earned at the qualified
institution described in section 1011a(b)(1) of this title will be
transferable to the qualified institution or institutions as described
in section 1011a(b)(2) of this title;
(B) development of articulation agreement programs and services
appropriate to the needs of the partnership participants;
(C) activities that facilitate the development of programs and
services appropriate to the needs of the students attending courses
covered by the articulation agreement;
(D) inservice training for faculty designed to implement effective
articulation agreements;
(E) counseling services; and
(F) information concerning programs contained in the articulation
agreement;
(2) include assurances that the articulation partnership has the
qualified personnel required --
(A) to develop, administer, and implement the program required by
this part; and
(B) to provide special training necessary to prepare staff for the
program; and
(3) include a plan of operation for the program which includes a
description of --
(A) the program goals;
(B) the uses of funds as required by paragraph (2);
(C) the activities and services which will be provided under the
program (including training and preparation of staff); and
(D) the subject areas to be included in the articulation agreement.
(Pub. L. 89-329, title I, 124, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 463.)
20 USC 1011d. Articulation agreement
TITLE 20 -- EDUCATION
(a) Length of grant
Each recipient of a grant from a State shall use the amounts provided
under the grant to develop and operate articulation agreements for 6
years.
(b) Use of funds
Funds provided to an articulation partnership under this part may be
used --
(1) to perform any activity or program required by section 1011c of
this title;
(2) as part of the program's planning activities, to acquire
technical assistance from Federal, State, or local entities that have
successfully designed, established, and operated articulation programs;
(3) to provide workshops with students and teachers, counseling for
students to continue their education to a bachelors degree, orientation
visits at institutions participating in the partnerships;
(4) to develop agreements with local educational agencies for
vocational course equivalency approval procedures for purposes of
satisfying entrance requirements to qualified institutions; and
(5) to provide outreach to potential students.
(Pub. L. 89-329, title I, 125, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 463.)
20 USC 1011e. State administration
TITLE 20 -- EDUCATION
A State may reserve not more than 3 percent of the amounts available
under this part for any fiscal year for State administrative costs
including monitoring and technical assistance.
(Pub. L. 89-329, title I, 126, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 464.)
20 USC 1011f. Priority
TITLE 20 -- EDUCATION
The State shall give priority to grant applications for programs
which --
(1) encourage teacher education;
(2) have, as one of the partners participating in an articulation
agreement, an entity participating in an articulation agreement
described in section 2394b(b)(1) of this title;
(3) contribute their own institutional resources;
(4) are not subject to a default reduction agreement under section
1078-6 of this title;
(5) encourage technology education; or
(6) encourage articulation in subject areas of national importance as
determined by the Secretary.
(Pub. L. 89-329, title I, 127, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 464.)
20 USC 1011g. Reports
TITLE 20 -- EDUCATION
(a) State reports
Each State shall submit to the Secretary an annual report on the
operation of the program under this part in such State during the
preceding year. Such report shall include such information as the
Secretary may require by regulation.
(b) Evaluation and dissemination
(1) Evaluation
The Secretary shall, on the basis of the reports submitted under
subsection (a) of this section, evaluate all or a sample of the programs
conducted under this part for the purposes of --
(A) determining the success or failure of such programs in increasing
access and entry of students from 2-year institutions to 4-year
institutions; and
(B) identifying the most successful programs under this part and the
causes for such success.
(2) Dissemination
The Secretary shall, not later than January 31, 1996, submit a report
to the Congress on the results of the evaluation described in paragraph
(1). The Secretary shall disseminate the findings made pursuant to
subparagraph (B) through appropriate agencies and organizations.
(3) Reservation
The Secretary may reserve up to 3 percent of the amount appropriated
under section 1011h of this title to carry out this subsection.
(Pub. L. 89-329, title I, 128, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 464.)
20 USC 1011h. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated to carry out this part,
$25,000,000 for fiscal year 1993, and such sums as may be necessary for
each of the 4 succeeding fiscal years.
(Pub. L. 89-329, title I, 129, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 465.)
A prior section 1012, Pub. L. 89-329, title I, 112, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1282, related to
establishment of off-campus program grants, prior to the general
revision of this subchapter by Pub. L. 102-325.
Another prior section 1012, Pub. L. 89-329, title I, 112, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1377,
provided for State allotments including percentage breakdown and cases
of States not conducting comprehensive statewide planning, prior to the
general revision of this subchapter by Pub. L. 99-498.
A prior section 1013, Pub. L. 89-329, title I, 113, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1284, related to
adult and continuing education staff development, prior to the general
revision of this subchapter by Pub. L. 102-325.
Another prior section 1013, Pub. L. 89-329, title I, 113, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1378;
amended Pub. L. 97-300, title I, 183, Oct. 13, 1982, 96 Stat. 1357;
Pub. L. 98-524, 4(c)(1), Oct. 19, 1984, 98 Stat. 2488, related to
comprehensive statewide planning with respect to education outreach
programs, prior to the general revision of this subchapter by Pub. L.
99-498.
A prior section 1014, Pub. L. 89-329, title I, 114, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1285, related to
administration of programs by Secretary, prior to the general revision
of this subchapter by Pub. L. 102-325.
Another prior section 1014, Pub. L. 89-329, title I, 114, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1379;
amended Pub. L. 97-300, title I, 183, Oct. 13, 1982, 96 Stat. 1357;
Pub. L. 98-524, 4(c)(2), Oct. 19, 1984, 98 Stat. 2488, related to
information services, prior to the general revision of this subchapter
by Pub. L. 99-498.
20 USC Part C -- Access and Equity to Education for All Americans
Through Telecommunications
TITLE 20 -- EDUCATION
20 USC 1015. Program established; authorization of appropriations;
eligibility
TITLE 20 -- EDUCATION
(a) General authority
The Secretary is authorized to make grants to eligible partnerships
to enable such partnerships to pay the Federal share of the cost of the
activities described in the application submitted pursuant to section
1015a of this title.
(b) Authorization of appropriations
(1) In general
There are authorized to be appropriated to carry out this part
$10,000,000 for fiscal year 1993 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
(2) Availability
Funds appropriated pursuant to the authority of paragraph (1) shall
remain available until expended.
(c) Eligible partnership
For the purpose of this part the term ''eligible partnership'' means
a partnership which --
(1) shall consist of --
(A) a public broadcasting entity or a consortium thereof; and
(B) an institution of higher education or a consortium thereof; and
(2) may also include a State, a unit of local government, or a public
or private nonprofit organization.
(d) Federal share
The Federal share shall be 50 percent.
(Pub. L. 89-329, title I, 131, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 465.)
A prior section 1015, Pub. L. 89-329, title I, 115, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1285, authorized
appropriations for former part A of this subchapter, prior to the
general revision of this subchapter by Pub. L. 102-325.
Another prior section 1015, Pub. L. 89-329, title I, 115, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1380,
related to continuing education, prior to the general revision of this
subchapter by Pub. L. 99-498.
Another prior section 1015, Pub. L. 89-329, title I, 131, as added
Pub. L. 94-482, title I, 101(g)(3), Oct. 12, 1976, 90 Stat. 2086,
set out the Congressional findings with regard to the lifelong learning
program, prior to the general revision of this subchapter by Pub. L.
96-374.
A prior section 131 of Pub. L. 89-329, title I, as added Pub. L.
99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1286, related to
National Advisory Council on Continuing Education and was classified to
section 1017 of this title, prior to the general revision of this
subchapter by Pub. L. 102-325.
20 USC 1015a. Application
TITLE 20 -- EDUCATION
(a) In general
Each eligible partnership desiring to receive a grant under this part
shall submit an application to the Secretary at such time, in such
manner and containing or accompanied by such information as the
Secretary may reasonably require.
(b) Contents
Each application submitted pursuant to paragraph (1) shall --
(1) describe the education telecommunications activities or services
to be assisted;
(2) describe the administrative and management structure supporting
such activities or services;
(3) provide assurances that the financial interests of the United
States in the telecommunications equipment, software and other
facilities shall be protected for the useful life of such equipment,
software or facilities;
(4) describe the manner in which nontraditional postsecondary
education students will benefit from the activities and services
supported;
(5) describe the manner in which special services, including
captioned films, television, descriptive video and education media for
individuals with disabilities, shall be supported; and
(6) provide assurances that the eligible partnership will provide the
non-Federal share of assistance under this part.
(c) Approval of applications
(1) In general
The Secretary shall, in approving applications under this part, give
priority to applications which describe programs that --
(A) include support for services to make captioned films, descriptive
video and educational media available to individuals with disabilities
who otherwise lack access to such educational materials;
(B) will provide, directly or indirectly, activities or services to a
significant number of postsecondary institutions;
(C) improve access to accredited telecommunications coursework for
individuals with disabilities otherwise denied such access;
(D) will be available in a multistate area;
(E) include evidence of significant support for the program from the
business community; or
(F) provide matching funds, in an amount which exceeds the required
non-Federal share.
(2) Equitable geographic distribution of assistance
In approving applications under this part the Secretary shall ensure
the equitable geographic distribution of grants awarded under this part.
(Pub. L. 89-329, title I, 132, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 465.)
A prior section 1015a, Pub. L. 89-329, title I, 132, as added Pub.
L. 94-482, title I, 101(g)(3), Oct. 12, 1976, 90 Stat. 2087; set out
scope of lifelong learning program, prior to the general revision of
this subchapter by Pub. L. 96-374.
20 USC 1015b. Authorized activities
TITLE 20 -- EDUCATION
Grants awarded under this part shall be used for one or more of the
following activities:
(1) The acquisition of site equipment to provide the technical
ability to receive diverse education services at schools, campuses, and
work site locations.
(2) Satellite, fiber optic and other distribution systems, and for
local broadcast or other local distribution capability.
(3) Pre-service or in-service education and training for kindergarten
through 12th grade teachers through interactive television conferencing.
(4) Preparation of telecommunications programs and software that
support national, regional or statewide efforts to provide teaching and
learning materials not otherwise available for local use.
(5) A loan service of captioned films, descriptive video and
educational media in order to make such materials available, in
accordance with regulations issued by the Secretary, in the United
States for nonprofit purposes to individuals with disabilities, parents
of individuals with disabilities, and other individuals directly
involved in activities for the advancement of individuals with
disabilities, including addressing problems of illiteracy among
individuals with disabilities.
(Pub. L. 89-329, title I, 133, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 466.)
A prior section 1015b, Pub. L. 89-329, title I, 133, as added Pub.
L. 94-482, title I, 101(g)(3), Oct. 12, 1976, 90 Stat. 2087, and
amended Pub. L. 95-43, 1(a)(4), June 15, 1977, 91 Stat. 213, related
to implementation of lifelong learning program by Assistant Secretary,
prior to the general revision of this subchapter by Pub. L. 96-374.
20 USC 1015c. ''Public broadcasting entity'' defined
TITLE 20 -- EDUCATION
For the purpose of this part, the term ''public broadcasting entity''
has the same meaning given to such term by section 397(11) of title 47.
(Pub. L. 89-329, title I, 134, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 466.)
A prior section 1015c, Pub. L. 89-329, title I, 134, as added Pub.
L. 94-482, title I, 101(g)(3), Oct. 12, 1976, 90 Stat. 2089, related
to annual reports by Assistant Secretary and content of these reports,
prior to the general revision of this subchapter by Pub. L. 96-374.
20 USC 1015d. Report
TITLE 20 -- EDUCATION
(a) In general
Each recipient of a grant under this part shall submit a report to
the Secretary not later than 30 days after the conclusion of the grant
period.
(b) Contents
Each report described in subsection (a) of this section shall include
--
(1) a description of activities and services assisted under this
part;
(2) a description of the population served by the program; and
(3) an assessment of the ability of private sector entities
participating in the eligible partnership to continue the support of the
activities and services in the absence of Federal funding.
(c) Dissemination
The Secretary shall select reports received under this subsection
that are appropriate for dissemination to the education community and
shall make such reports available through the National Diffusion
Network.
(Pub. L. 89-329, title I, 135, as added Pub. L. 102-325, title I,
101, July 23, 1992, 106 Stat. 466.)
A prior section 1016, Pub. L. 89-329, title I, 121, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1285, related to
adult learning research, prior to the general revision of this
subchapter by Pub. L. 102-325.
Another prior section 1016, Pub. L. 89-329, title I, 116, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1381,
provided for Federal discretionary grants, prior to the general revision
of this subchapter by Pub. L. 99-498.
Prior sections 1016a and 1017 were omitted in the general revision of
this subchapter by Pub. L. 102-325.
A prior section 1016a, Pub. L. 89-329, title I, 122, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1286, limited funds
authorized to be appropriated.
A prior section 1017, Pub. L. 89-329, title I, 131, as added Pub.
L. 99-498, title I, 101, Oct. 17, 1986, 100 Stat. 1286; Pub. L.
102-54, 13(g)(1)(A), June 13, 1991, 105 Stat. 275, related to National
Advisory Council on Continuing Education.
Another prior section 1017, Pub. L. 89-329, title I, 117, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1382;
amended Pub. L. 99-386, title I, 103(a), Aug. 22, 1986, 100 Stat.
821, related to establishment and administration of the National
Advisory Council on Continuing Education, prior to the general revision
of this subchapter by Pub. L. 99-498.
A prior section 1018, Pub. L. 89-329, title I, 141, as added Pub.
L. 100-418, title VI, 6201, Aug. 23, 1988, 102 Stat. 1514, set out
purpose of former part D of this subchapter as being the development of
student literacy corps programs, prior to the general revision of this
subchapter by Pub. L. 102-325.
Another prior section 1018, Pub. L. 89-329, title I, 118, as added
Pub. L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1382,
defined terms used in former part D of this subchapter, prior to the
general revision of this subchapter by Pub. L. 99-498.
Prior sections 1018a to 1018f were omitted in the general revision of
this subchapter by Pub. L. 102-325.
Section 1018a, Pub. L. 89-329, title I, 142, as added Pub. L.
100-418, title VI, 6201, Aug. 23, 1988, 102 Stat. 1515, related to
grants for literacy corps programs.
Section 1018b, Pub. L. 89-329, title I, 143, as added Pub. L.
100-418, title VI, 6201, Aug. 23, 1988, 102 Stat. 1515, related to
use of funds.
Section 1018c, Pub. L. 89-329, title I, 144, as added Pub. L.
100-418, title VI, 6201, Aug. 23, 1988, 102 Stat. 1515; Pub. L.
101-610, title II, 221(a), (b), Nov. 16, 1990, 104 Stat. 3180,
related to applications.
Section 1018d, Pub. L. 89-329, title I, 145, as added Pub. L.
100-418, title VI, 6201, Aug. 23, 1988, 102 Stat. 1516, related to
technical assistance and coordination contracts.
Section 1018e, Pub. L. 89-329, title I, 146, as added Pub. L.
100-418, title VI, 6201, Aug. 23, 1988, 102 Stat. 1516; Pub. L.
101-305, 5, May 30, 1990, 104 Stat. 258; Pub. L. 101-610, title II,
221(c), Nov. 16, 1990, 104 Stat. 3180, related to authorization of
appropriations.
Section 1018f, Pub. L. 89-329, title I, 147, as added Pub. L.
100-418, title VI, 6201, Aug. 23, 1988, 102 Stat. 1516, defined
''public community agency'', ''institution of higher education'' and
''Secretary''.
A prior section 1019, Pub. L. 89-329, title I, 119, as added Pub.
L. 96-374, title I, 101(a), Oct. 3, 1980, 94 Stat. 1383, authorized
appropriations for education outreach programs, prior to the general
revision of this subchapter by Pub. L. 99-498.
20 USC SUBCHAPTER II -- ACADEMIC LIBRARIES AND INFORMATION SERVICES
TITLE 20 -- EDUCATION
Title II of the Higher Education Act of 1965, comprising this
subchapter, was originally enacted by Pub. L. 89-329, title II, Nov.
8, 1965, 79 Stat. 1224, and amended by Pub. L. 89-752, Nov. 3, 1966,
80 Stat. 1240; Pub. L. 90-575, Oct. 16, 1968, 82 Stat. 1014; Pub.
L. 91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92-318, June 23,
1972, 86 Stat. 235; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081;
Pub. L. 96-49; Aug. 13, 1979, 93 Stat. 351. Such title is shown
herein, however, as having been added by Pub. L. 96-374, title II,
201, Oct. 3, 1980, 94 Stat. 1383, without reference to such
intervening amendments because of the extensive revision of title II by
Pub. L. 96-374.
20 USC 1021. Purpose; authorization
TITLE 20 -- EDUCATION
(a) Purpose
The Secretary shall carry out a program to assist --
(1) college and university libraries in acquiring technological
equipment and in conducting research in information technology in
accordance with part A of this subchapter;
(2) in the education and training of persons in library and
information science and to encourage research and development relating
to improvement of libraries (including the promotion of economical and
effective information delivery, cooperative efforts, and developmental
projects) in accordance with part B of this subchapter;
(3) the Nation's major research libraries, in maintaining and
strengthening their collections, and in making information resources
available to other libraries whose users have need for research
materials in accordance with part C of this subchapter; and
(4) historically black colleges and universities and other
minority-serving institutions with programs in library and information
sciences to train and educate African-Americans and other
underrepresented racial, national origin, and ethnic minorities in such
programs in accordance with part D of this subchapter.
(b) Authorization of appropriations
(1) Part A
There are authorized to be appropriated to carry out part A of this
subchapter $20,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
(2) Part B
There are authorized to be appropriated to carry out part B of this
subchapter $10,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
(3) Part C
There are authorized to be appropriated to carry out part C of this
subchapter $20,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
(4) Part D
There are authorized to be appropriated to carry out part D of this
subchapter $15,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
(Pub. L. 89-329, title II, 201, as added Pub. L. 96-374, title II,
201, Oct. 3, 1980, 94 Stat. 1383; amended Pub. L. 99-498, title II,
201(b), (c), Oct. 17, 1986, 100 Stat. 1287; Pub. L. 100-418, title VI,
6241, Aug. 23, 1988, 102 Stat. 1520; Pub. L. 102-325, title II, 201,
July 23, 1992, 106 Stat. 467.)
A prior section 1021, Pub. L. 89-329, title II, 201, as added Pub.
L. 92-318, title I, 111(b)(1), June 23, 1972, 86 Stat. 238, and
amended Pub. L. 94-482, title I, 106, Oct. 12, 1976, 90 Stat. 2089;
Pub. L. 96-49, 3(a), Aug. 13, 1979, 93 Stat. 351, provided for
college library programs, prior to the general revision of this
subchapter by Pub. L. 96-374.
Another prior section 1021, Pub. L. 89-329, title II, 201, Nov. 8,
1965, 79 Stat. 1224; Pub. L. 90-575, title II, 211, Oct. 16, 1968,
82 Stat. 1036; Pub. L. 92-318, title I, 111(a)(1), June 23, 1972, 86
Stat. 238, which authorized appropriations of $50,000,000 for each
fiscal year ending June 30, 1966, 1967, and 1968, and $25,000,000;
$75,000,000; $90,000,000; and $18,000,000 for fiscal years ending June
30, 1969, 1970, 1971, and 1972, for library resources grants, was
repealed by Pub. L. 92-318, title I, 111(b)(1), June 23, 1972, 86
Stat. 238.
1992 -- Pub. L. 102-325 amended section generally, substituting
present provisions for former subsecs. (a) to (c) which declared
purpose of program, authorized appropriations to carry out parts A to D
of this subchapter for fiscal year 1987 and four succeeding fiscal
years, and prohibited grants for religious programs.
1988 -- Subsec. (b)(5). Pub. L. 100-418 added par. (5).
1986 -- Subsec. (a)(4). Pub. L. 99-498, 201(b), amended par. (4)
generally, substituting ''college and university libraries in acquiring
technological equipment and in conducting research in information
technology in accordance with part D of this subchapter'' for ''the
establishment of a National Periodical System Corporation, in accordance
with part D of this subchapter''.
Subsec. (b). Pub. L. 99-498, 201(c), amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows:
''(1)(A) There are authorized to be appropriated to carry out part A
of this subchapter $10,000,000 for the fiscal year 1981, $30,000,000 for
the fiscal year 1982 and for each of the two succeeding fiscal years,
and $35,000,000 for the fiscal year 1985.
''(B) There are authorized to be appropriated to carry out part B of
this subchapter $10,000,000 for the fiscal year 1981, $30,000,000 for
the fiscal year 1982 and for each of the two succeeding fiscal years,
and $35,000,000 for the fiscal year 1985.
''(C) There are authorized to be appropriated to carry out part C of
this subchapter $10,000,000 for the fiscal year 1981, $15,000,000 for
the fiscal year 1982 and each of the three succeeding fiscal years.
''(2) Notwithstanding paragraph (1), no funds are authorized to be
appropriated for part D of this subchapter unless the appropriation for
each of parts A, B, and C of this subchapter equals or exceeds the
amount appropriated for each such part, respectively, for fiscal year
1979.''
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Subchapter effective Oct. 1, 1980, see section 1393(a) of Pub. L.
96-374, set out as an Effective Date of 1980 Amendment note under
section 1001 of this title.
20 USC 1022. Notification of State agency
TITLE 20 -- EDUCATION
Each institution of higher education which receives a grant under
this subchapter shall annually inform the State agency designated
pursuant to section 1143 of this title of its activities under this
subchapter.
(Pub. L. 89-329, title II, 202, as added Pub. L. 96-374, title II,
201, Oct. 3, 1980, 94 Stat. 1384; amended Pub. L. 102-325, title II,
201, July 23, 1992, 106 Stat. 468.)
A prior section 1022, Pub. L. 89-329, title II, 202, Nov. 8, 1965,
79 Stat. 1224; Pub. L. 89-752, 9, Nov. 3, 1966, 80 Stat. 1243;
Pub. L. 90-575, title II, 214(a), Oct. 16, 1968, 82 Stat. 1037; Pub.
L. 92-318, title I, 111(b)(2)(A), 112(a), (b)(1), June 23, 1972, 86
Stat. 238, 240, related to the basic grants for the college library
resources program, prior to the general revision of this subchapter by
Pub. L. 96-374.
1992 -- Pub. L. 102-325 amended section generally, reenacting
provisions without change.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC 1023. Library experts
TITLE 20 -- EDUCATION
The Secretary shall make every effort to ensure that programs under
this subchapter are administered by appropriate library experts.
(Pub. L. 89-329, title II, 203, as added Pub. L. 102-325, title II,
201, July 23, 1992, 106 Stat. 468.)
Prior sections 1023 to 1028 were omitted in the general revision of
this subchapter by Pub. L. 96-374.
Section 1023, Pub. L. 89-329, title II, 203, Nov. 8, 1965, 79
Stat. 1225; Pub. L. 90-575, title II, 212(a), Oct. 16, 1968, 82
Stat. 1036; Pub. L. 92-318, title I, 111(b)(2)(B), 112(b)(2),
113(a), June 23, 1972, 86 Stat. 239, 240, provided for supplemental
grants in the college library resources program.
Section 1024, Pub. L. 89-329, title II, 204, Nov. 8, 1965, 79
Stat. 1226; Pub. L. 90-575, title II, 212(b), (c), 213(a), Oct. 16,
1968, 82 Stat. 1036; Pub. L. 92-318, title I, 111(b)(2)(C), June 23,
1972, 86 Stat. 239, provided for special purpose grants in the college
library resources program.
Section 1025, Pub. L. 89-329, title II, 205, Nov. 8, 1965, 79
Stat. 1226; Pub. L. 91-230, title IV, 401(h)(4), Apr. 13, 1970, 84
Stat. 174, created the Advisory Council on College Library Resources.
Section 1026, Pub. L. 89-329, title II, 206, Nov. 8, 1965, 79
Stat. 1226, related to the accreditation of educational institutions.
Section 1027, Pub. L. 89-329, title II, 207, Nov. 8, 1965, 79
Stat. 1227; Pub. L. 92-318, title I, 131(d)(2)(B), June 23, 1972, 86
Stat. 260, prohibited grants for library resources to be used for
sectarian instruction or religious worship. See section 1021(c) of this
title.
Section 1028, Pub. L. 89-329, title II, 208, Nov. 8, 1965, 79
Stat. 1227, required that institutions inform State agencies of their
activities under the college library resources program.
Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section 1001
of this title.
20 USC Part A -- College Library Technology and Cooperation Grants
TITLE 20 -- EDUCATION
20 USC 1029. College library technology and cooperation grants
TITLE 20 -- EDUCATION
(a) Grants authorized
The Secretary is authorized to make grants for technological
equipment, networking, and other special purposes to --
(1) institutions of higher education which demonstrate a need for
special assistance for the planning, development, acquisition,
maintenance, or upgrading of technological equipment necessary to
organize, access or utilize material in electronic formats and to
participate in networks for the accessing and sharing of library and
information resources;
(2) combinations of institutions of higher education which
demonstrate a need for special assistance in establishing and
strengthening joint-use library facilities, resources, or equipment for
the accessing and sharing of library and information resources;
(3) other public and private nonprofit organizations which provide
library and information services to institutions of higher education on
a formal, cooperative basis for the purpose of establishing, developing,
or expanding programs or projects that improve the services provided by
such organizations to institutions of higher education; and
(4) institutions of higher education conducting research or
demonstration projects that improve information services to meet special
national or regional needs by utilizing technology to enhance library or
information services such as through the National Research and Education
Network.
(b) Awards requirements
From funds appropriated for this part, the Secretary shall make
competitive awards to institutions, combinations of institutions, or
organizations in each of the categories described in paragraphs (1)
through (4) of subsection (a) of this section.
(c) Amount
(1) In general
The Secretary shall award grants under this section in an amount
which is not less than $25,000.
(2) Special rule
The Secretary shall award grants pursuant to paragraph (1) of
subsection (a) of this section in an amount which is not more than
$50,000 for each institution of higher education.
(d) Priority
In awarding grants pursuant to paragraph (1) of subsection (a) of
this section, the Secretary shall give priority to institutions of
higher education seeking assistance for projects which assist developing
institutions of higher education in linking one or more institutions of
higher education to resource sharing networks.
(e) Duration
The Secretary shall award grants under this section for a period not
to exceed 3 years.
(f) Application
(1) In general
Each institution of higher education or combination thereof desiring
a grant under this section shall submit an application to the Secretary
at such time, in such manner and accompanied by such information as the
Secretary may reasonably require.
(2) Content
Each application submitted pursuant to paragraph (1) shall --
(A) describe the activities and services for which assistance is
sought; and
(B) contain assurances that the applicant will expend during the
period for which the grant is sought (from funds other than funds
received under this subchapter), for the same purpose as such grant, an
amount from such other sources equal to not less than one-third of such
grant.
(3) Criteria
The Secretary shall prescribe by regulation criteria for the approval
of applications submitted under this section.
(Pub. L. 89-329, title II, 211, as added Pub. L. 96-374, title II,
201, Oct. 3, 1980, 94 Stat. 1384; amended Pub. L. 99-498, title II,
202, Oct. 17, 1986, 100 Stat. 1287; Pub. L. 102-325, title II, 201,
July 23, 1992, 106 Stat. 468.)
1992 -- Pub. L. 102-325 amended section generally, substituting
provisions relating to college library technology and cooperation grants
for provisions relating to college library resource grants.
1986 -- Pub. L. 99-498 amended section generally, substituting
''College library resources'' for ''Resource development grants'' in
section catchline and revising and restating as subsecs. (a), (b), (d),
and (f) provisions of former subsecs. (a), (b), (c), and (d),
respectively, and inserting provisions set out in subsecs. (c) and (e).
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC 1030. Omitted
TITLE 20 -- EDUCATION
Section, Pub. L. 89-329, title II, 213, as added Pub. L. 99-498,
title II, 203, Oct. 17, 1986, 100 Stat. 1289, which defined
''full-time equivalent students'', was omitted in the general revision
of this subchapter by Pub. L. 102-325.
20 USC Part B -- Library Education, Research, and Development
TITLE 20 -- EDUCATION
20 USC 1031. Grants authorized
TITLE 20 -- EDUCATION
(a) Grants
From the amounts appropriated for this part for any fiscal year, the
Secretary shall make grants in accordance with sections 1032 and 1033 of
this title.
(b) Reservation
Of the amount appropriated for this part for any fiscal year, the
Secretary shall make available two-thirds of such amount for the purpose
of section 1032 of this title and one-third of such amount for the
purpose of section 1033 of this title.
(Pub. L. 89-329, title II, 221, as added Pub. L. 96-374, title II,
201, Oct. 3, 1980, 94 Stat. 1385; amended Pub. L. 99-498, title II,
204(b)(1), Oct. 17, 1986, 100 Stat. 1289; Pub. L. 102-325, title II,
201, July 23, 1992, 106 Stat. 469.)
A prior section 1031, Pub. L. 89-329, title II, 221, as added Pub.
L. 92-318, title I, 111(b)(3)(A), June 23, 1972, 86 Stat. 239,
contained the grant authority for training and research programs, prior
to the general revision of this subchapter by Pub. L. 96-374.
Another prior section 1031, Pub. L. 89-329, title II, 221, Nov. 8,
1965, 79 Stat. 1227; Pub. L. 90-575, title II, 215, Oct. 16, 1968,
82 Stat. 1037; Pub. L. 92-318, title I, 111(a)(2), June 23, 1972, 86
Stat. 238, which authorized appropriations of $15,000,000 for each
fiscal year ending June 30, 1966, 1967, and 1968, and $11,800,000;
$28,000,000; $38,000,000; and $12,000,000 for fiscal years ending June
30, 1969, 1970, 1971, and 1972, was repealed by Pub. L. 92-318, title
I, 111(b)(3)(A), June 23, 1972, 86 Stat. 239.
1992 -- Pub. L. 102-325 amended section generally. Prior to
amendment, section read as follows: ''From the amounts appropriated for
this part for any fiscal year, the Secretary shall make grants in
accordance with sections 1032 and 1033 of this title. Of such amount,
two-thirds shall be available for the purpose of section 1032 of this
title and one-third shall be available for the purpose of section 1033
of this title.''
1986 -- Pub. L. 99-498 amended section generally. Prior to
amendment, section read as follows: ''From the amount appropriated for
this part, the Secretary shall make grants in accordance with sections
1032, 1033, and 1034 of this title. Of such amount, one-third shall be
available for the purposes of each such section.''
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC 1032. Library education and human resource development
TITLE 20 -- EDUCATION
(a) Purpose and grant criteria
The Secretary is authorized to make grants to, and enter into
contracts with, institutions of higher education and library
organizations or agencies to assist such institutions, library
organizations, or agencies in educating and training persons in library
and information science, particularly in areas of critical needs, such
as recruitment and retention of minorities. Such grants or contracts
may be used by such institutions, library organizations, or agencies to
--
(1) assist in covering the cost of courses of study or staff
development (including short term or regular session institutes),
(2) establish and maintain fellowships or traineeships with stipends
(including allowances for travel, subsistence, and other expenses) for
fellows who demonstrate need and who are working toward a graduate
degree (and their dependents), not in excess of such maximum amounts as
may be determined by the Secretary, and
(3) establish, develop, or expand programs of library and information
science, including new techniques of information transfer and
communication technology.
(b) Additional requirements
Not less than 50 percent of the grants made under this section shall
be for the purpose of establishing and maintaining fellowships or
traineeships under subsection (a)(2) of this section.
(Pub. L. 89-329, title II, 222, as added Pub. L. 96-374, title II,
201, Oct. 3, 1980, 94 Stat. 1385; amended Pub. L. 102-325, title II,
201, July 23, 1992, 106 Stat. 469.)
A prior section 1032, Pub. L. 89-329, title II, 222, Nov. 8, 1965,
79 Stat. 1227, which defined the term ''librarianship'', was repealed
by Pub. L. 92-318, title I, 111(b)(3)(A), June 23, 1972, 86 Stat.
239.
1992 -- Pub. L. 102-325 amended section generally, substituting
present provisions for provisions which related to allowable uses of
grant funds and requirement to use grants for fellowships and
traineeships.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC 1033. Research and demonstration
TITLE 20 -- EDUCATION
The Secretary is authorized to make grants to, and enter into
contracts with, institutions of higher education and other public and
private agencies, institutions, and organizations for research and
development projects related to the improvement of libraries, education
in library and information science, the enhancement of library services
through effective and efficient use of new technologies, and for the
dissemination of information derived from such projects.
(Pub. L. 89-329, title II, 223, as added Pub. L. 96-374, title II,
201, Oct. 3, 1980, 94 Stat. 1385; amended Pub. L. 99-498, title II,
205, Oct. 17, 1986, 100 Stat. 1289; Pub. L. 102-325, title II, 201,
July 23, 1992, 106 Stat. 470.)
A prior section 1033, Pub. L. 89-329, title II, 222, formerly 223,
Nov. 8, 1965, 79 Stat. 1227, Pub. L. 90-575, title II, 216, Oct.
16, 1968, 82 Stat. 1037, renumbered and amended Pub. L. 92-318, title
I, 111(b)(3)(B)-(D), June 23, 1972, 86 Stat. 239, 240, related to
grants for training in librarianship, prior to the general revision of
this subchapter by Pub. L. 96-374.
1992 -- Pub. L. 102-325 substituted ''demonstration'' for
''demonstrations'' in section catchline and amended text generally.
Prior to amendment, text read as follows: ''The Secretary is authorized
to make grants to, and contracts with, institutions of higher education
and other public or private agencies, institutions, and organizations
for research and demonstration projects related to the improvement of
libraries, training in librarianship, and for the dissemination of
information derived from such projects.''
1986 -- Pub. L. 99-498 struck out ''and information technology,''
after ''training in librarianship,''.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC 1034. Consultation requirements
TITLE 20 -- EDUCATION
The Secretary shall consult with the appropriate library and
information science professional bodies in the determination of critical
needs under section 1032 of this title and in the determination of
priorities under section 1033 of this title.
(Pub. L. 89-329, title II, 224, as added Pub. L. 102-325, title II,
201, July 23, 1992, 106 Stat. 470.)
A prior section 1034, Pub. L. 89-329, title II, 224, as added Pub.
L. 96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1385, which
authorized special purpose grants, was repealed by Pub. L. 99-498,
title II, 204(a), Oct. 17, 1986, 100 Stat. 1289.
Another prior section 1034, Pub. L. 89-329, title II, 223, formerly
224, Nov. 8, 1965, 79 Stat. 1228, Pub. L. 91-230, title IV,
401(h)(4), Apr. 13, 1970, 84 Stat. 174, and renumbered Pub. L.
92-318, title I, 111(b)(3)(D), June 23, 1972, 86 Stat. 240, related to
grants for research and demonstration projects, prior to the general
revision of this subchapter by Pub. L. 96-374.
Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section 1001
of this title.
20 USC Part C -- Improving Access to Research Library Resources
TITLE 20 -- EDUCATION
20 USC 1041. Research library resources
TITLE 20 -- EDUCATION
(a) Grants
(1) General authority
From the amount appropriated for this part, the Secretary shall make
grants to institutions with major research libraries.
(2) Major research library
For the purposes of this part, the term ''major research library''
means a public or private nonprofit institution (including the library
resources of an institution of higher education), an independent
research library, or a State or other public library, having a library
collection which is available to qualified users and which --
(A) makes a significant contribution to higher education and
research;
(B) is broadly based and is recognized as having national or
international significance for scholarly research;
(C) is of a unique nature, and contains material not widely
available; and
(D) is in substantial demand by researchers and scholars not
connected with that institution.
(b) Eligibility
In determining eligibility for assistance under this part, the
Secretary shall permit institutions that do not otherwise qualify to
provide additional information or documents to demonstrate the national
or international significance for scholarly research of the particular
collection described in the grant proposal.
(Pub. L. 89-329, title II, 231, as added Pub. L. 96-374, title II,
201, Oct. 3, 1980, 94 Stat. 1386; amended Pub. L. 99-498, title II,
204(b)(2), 206, Oct. 17, 1986, 100 Stat. 1289; Pub. L. 102-325, title
II, 201, July 23, 1992, 106 Stat. 470.)
A prior section 1041, Pub. L. 89-329, title II, 231, as added Pub.
L. 94-482, title I, 107, Oct. 12, 1976, 90 Stat. 2090, set out the
Congressional statement of findings and purpose for the research library
resources strengthening program, prior to the general revision of this
subchapter by Pub. L. 96-374.
Another prior section 1041, Pub. L. 89-329, title II, 231, Nov. 8,
1965, 79 Stat. 1228; Pub. L. 90-575, title II, 217, 218, Oct. 16,
1968, 82 Stat. 1037; Pub. L. 92-318, title I, 114(a), June 23, 1972,
86 Stat. 240, authorized appropriations for assistance to Library of
Congress for acquisition of Library material, prior to the general
revision of this part by Pub. L. 94-482, title I, 107, Oct. 12, 1976,
90 Stat. 2090.
1992 -- Pub. L. 102-325 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
grant authority, in subsec. (b), grants under part C as precluding
resource development grants, and in subsec. (c), eligibility for
assistance of nonqualifying institutions based on demonstration of
significance for scholarly research of particular collection described
in grant proposal.
1986 -- Subsec. (b). Pub. L. 99-498, 204(b)(2), struck out ''or
1034'' after ''section 1029''.
Subsec. (c). Pub. L. 99-498, 206, added subsec. (c).
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC 1042. Geographical distribution of grants
TITLE 20 -- EDUCATION
In making grants under this part, the Secretary shall endeavor to
achieve broad and equitable geographical distribution throughout the
Nation.
(Pub. L. 89-329, title II, 232, as added Pub. L. 96-374, title II,
201, Oct. 3, 1980, 94 Stat. 1386; amended Pub. L. 102-325, title II,
201, July 23, 1992, 106 Stat. 471.)
A prior section 1042, Pub. L. 89-329, title II, 232, as added Pub.
L. 94-482, title I, 107, Oct. 12, 1976, 90 Stat. 2090; amended Pub.
L. 96-49, 3(b), Aug. 13, 1979, 93 Stat. 351, which authorized
appropriations through fiscal year 1980, was omitted in the general
revision of this subchapter by Pub. L. 96-374.
Another prior section 1042, Pub. L. 89-329, title II, 232, as added
Pub. L. 92-318, title I, 115(a), June 23, 1972, 86 Stat. 241, which
required an evaluation and report to Congressional committees by the
Librarian of the Congress, was omitted in the general revision of this
part by Pub. L. 94-482, title I, 107, Oct. 12, 1976, 90 Stat. 2090.
Prior sections 1043 to 1046 were omitted in the general revision of
this subchapter by Pub. L. 96-374.
Section 1043, Pub. L. 89-329, title II, 233, as added Pub. L.
94-482, title I, 107, Oct. 12, 1976, 90 Stat. 2090, related to
eligibility for assistance under research library resources
strengthening program.
Section 1044, Pub. L. 89-329, title II, 234, as added Pub. L.
94-482, title I, 107, Oct. 12, 1976, 90 Stat. 2090, related to
regional balance in allocation of funds.
Section 1045, Pub. L. 89-329, title II, 235, as added Pub. L.
94-482, title I, 107, Oct. 12, 1976, 90 Stat. 2091, set out
limitations on grants as regards sectarian or religious use.
Section 1046, Pub. L. 89-329, title II, 236, as added Pub. L.
94-482, title I, 107, Oct. 12, 1976, 90 Stat. 2091, required
consultations by grantees with State agencies.
1992 -- Pub. L. 102-325 amended section generally, reenacting
provisions without change.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC Part D -- Strengthening Library and Information Science Programs
and Libraries in Historically Black Colleges and Universities and Other
Minority-Serving Institutions
TITLE 20 -- EDUCATION
20 USC 1047. Strengthening library and information science programs
and libraries in historically black colleges and universities and other
minority-serving institutions
TITLE 20 -- EDUCATION
(a) Eligible institutions
For the purposes of this section, the term ''eligible institution''
means --
(1) an historically black college or university; or
(2) an institution of higher education which --
(A) serves a large number or high percentage of minority students;
and
(B) enrolls and graduates minority students in library and
information service /1/ programs.
(b) General authority
(1) Authority of Secretary
The Secretary is authorized to make grants to, and enter into
contracts with --
(A) eligible institutions to assist such institutions in
strengthening their library and information science programs and library
resources; and
(B) eligible institutions, and library organizations or agencies
which have nationally approved programs in library and information
science, to assist such institutions and organizations in the education
and training of African Americans and other underrepresented racial,
national origin, and ethnic minorities, particularly in areas of
critical needs of library and information science.
(2) Use of funds
Such grants or contracts may be used by such institutions, library
organizations, or agencies to --
(A) establish, develop, or strengthen libraries and library and
information science programs, including new techniques of information
transfer and communication technology;
(B) assist in covering the cost of courses of study or staff
development (including short-term or regular session institutes); and
(C) establish and maintain fellowships or traineeships with stipends
(including allowances for travel, subsistence, and other expenses) for
fellows who demonstrate need and who are working toward a graduate
degree (and their dependents), not in excess of such maximum amounts as
may be determined by the Secretary.
(c) Traineeships
Not less than 50 percent of the grants made under this section shall
be for the purpose of establishing and maintaining fellowships or
traineeships under subsection (a)(2) of this section.
(d) Funding prohibition
Notwithstanding any other provision of law, no funds are authorized
to be appropriated to carry out this part for any fiscal year unless the
amount appropriated to carry out each of parts A, B, and C of this
subchapter for such fiscal year equals or exceeds the amount
appropriated for such parts, respectively, for fiscal year 1992.
(Pub. L. 89-329, title II, 241, as added Pub. L. 99-498, title II,
207, Oct. 17, 1986, 100 Stat. 1289; amended Pub. L. 102-325, title II,
201, July 23, 1992, 106 Stat. 471.)
Prior sections 1047 to 1047j were omitted in the general revision of
this part by Pub. L. 99-498.
Section 1047, Pub. L. 89-329, title II, 241, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1386, stated
congressional declaration of purpose.
Section 1047a, Pub. L. 89-329, title II, 242, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1387, established
National Periodical System Corporation.
Section 1047b, Pub. L. 89-329, title II, 243, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1387, related to
functions of National Periodical System Corporation.
Section 1047c, Pub. L. 89-329, title II, 244, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1387, related to board
of directors of National Periodical System Corporation.
Section 1047d, Pub. L. 89-329, title II, 245, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1388, related to
director and staff of National Periodical System Corporation.
Section 1047e, Pub. L. 89-329, title II, 246, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1388, related to
nonprofit nature of National Periodical System Corporation.
Section 1047f, Pub. L. 89-329, title II, 247, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1388, related to
authority of National Periodical System Corporation.
Section 1047g, Pub. L. 89-329, title II, 248, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1389, related to
congressional approval of design for national periodical system.
Section 1047h, Pub. L. 89-329, title II, 249, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1389, related to affect
of this part on copyright law.
Section 1047i, Pub. L. 89-329, title II, 250, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1389, defined terms
used in this part.
Section 1047j, Pub. L. 89-329, title II, 251, as added Pub. L.
96-374, title II, 201, Oct. 3, 1980, 94 Stat. 1390, authorized
appropriations to carry out this part.
1992 -- Pub. L. 102-325 amended section generally, substituting
present provisions for provisions establishing program of college
library technology and cooperation grants.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
/1/ So in original. Probably should be ''science''.
20 USC SUBCHAPTER III -- INSTITUTIONAL AID
TITLE 20 -- EDUCATION
Title III of the Higher Education Act of 1965, comprising this
subchapter, was originally enacted by Pub. L. 89-329, title III, Nov.
8, 1965, 79 Stat. 1229, and amended by Pub. L. 89-752, Nov. 3, 1966,
80 Stat. 1240; Pub. L. 90-575, Oct. 16, 1968, 82 Stat. 1014; Pub.
L. 91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92-318, June 23,
1972, 86 Stat. 235; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484;
Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 96-49, Aug.
13, 1979, 93 Stat. 351; Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367;
Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98-95, Sept.
26, 1983, 97 Stat. 708; Pub. L. 98-312, June 12, 1984, 98 Stat. 233.
Such title is shown herein, however, as having been added by Pub. L.
99-498, title III, 301(a), Oct. 17, 1986, 100 Stat. 1290, without
reference to such intervening amendments because of the extensive
revision of title III by Pub. L. 99-498.
20 USC 1051. Findings and purposes
TITLE 20 -- EDUCATION
(a) Findings
The Congress finds that --
(1) there are a significant number of institutions of higher
education serving high percentages of minority students and students
from low-income backgrounds, that face problems that threaten their
ability to survive;
(2) the problems relate to the management and fiscal operations of
certain institutions of higher education, as well as to an inability to
engage in long-range planning, /1/ and development activities, including
endowment building;
(3) the subchapter III program prior to 1985 did not always meet the
specific development needs of historically Black colleges and
universities and other institutions with large concentrations of
minority, low-income students;
(4) the solution of the problems of these institutions would enable
them to become viable, fiscally stable and independent, thriving
institutions of higher education;
(5) providing assistance to eligible institutions will enhance the
role of such institutions in providing access and quality education to
low-income and minority students;
(6) these institutions play an important role in the American system
of higher education, and there is a strong national interest in
assisting them in solving their problems and in stabilizing their
management and fiscal operations, and in becoming financially
independent; and
(7) there is a particular national interest in aiding those
institutions of higher education that have historically served students
who have been denied access to postsecondary education because of race
or national origin and whose participation in the American system of
higher education is in the Nation's interest so that equality of access
and quality of postsecondary education opportunities may be enhanced for
all students.
(b) Purpose
It is the purpose of this subchapter to assist such institutions in
equalizing educational opportunity through a program of Federal
assistance.
(Pub. L. 89-329, title III, 301, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1290; amended Pub. L. 102-325, title
III, 301, July 23, 1992, 106 Stat. 472.)
A prior section 1051, Pub. L. 89-329, title III, 301, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1390, stated
Congressional findings and purposes for program of providing Federal
assistance to institutions of higher education, prior to the general
revision of this subchapter by Pub. L. 99-498.
Another prior section 1051, Pub. L. 89-329, title III, 301, Nov.
8, 1965, 79 Stat. 1229; Pub. L. 89-752, 10, Nov. 3, 1966, 80 Stat.
1243; Pub. L. 90-575, title II, 221, 222, Oct. 16, 1968, 82 Stat.
1038; Pub. L. 92-318, title I, 121(a), June 23, 1972, 86 Stat. 241;
Pub. L. 94-482, title I, 111, Oct. 12, 1976, 90 Stat. 2091; Pub. L.
96-49, 4, Aug. 13, 1979, 93 Stat. 351, related to a program of
special assistance to strengthen the academic quality of developing
institutions, prior to the general revision of this subchapter by Pub.
L. 96-374.
Prior sections 1052 to 1056 were omitted in the general revision of
this subchapter by Pub. L. 96-374.
Section 1052, Pub. L. 89-329, title III, 302, Nov. 8, 1965, 79
Stat. 1229; Pub. L. 92-318, title I, 121(a), June 23, 1972, 86 Stat.
241; Pub. L. 93-380, title VIII, 832, Aug. 21, 1974, 88 Stat. 603;
Pub. L. 94-482, title I, 112, Oct. 12, 1976, 90 Stat. 2091, related
to eligibility for special assistance.
Section 1053, Pub. L. 89-329, title III, 303, Nov. 8, 1965, 79
Stat. 1230; Pub. L. 91-230, title IV, 401(h)(4), Apr. 13, 1970, 84
Stat. 174; Pub. L. 92-318, title I, 121(a), title III, 301(a)(1),
June 23, 1972, 86 Stat. 242, 326, provided for the establishment of an
Advisory Council on Developing Institutions.
Section 1054, Pub. L. 89-329, title III, 304, Nov. 8, 1965, 79
Stat. 1230; Pub. L. 92-318, title I, 121(a), June 23, 1972, 86 Stat.
243, authorized the Commissioner of Education to make grants and awards.
Section 1055, Pub. L. 89-329, title III, 305, Nov. 8, 1965, 79
Stat. 1231; Pub. L. 92-318, title I, 121(a), June 23, 1972, 86 Stat.
244, related to assistance to developing institutions under other
programs.
Section 1056, Pub. L. 89-329, title III, 306, as added Pub L.
90-575, title II, 223(a), Oct. 16, 1968, 82 Stat. 1038; amended Pub.
L. 92-318, title I, 121(a), June 23, 1972, 86 Stat. 245, prohibited
the use of funds for religious activities.
1992 -- Subsec. (a)(1). Pub. L. 102-325, 301(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''many
institutions of higher education in this era of declining enrollments
and scarce resources face problems which threaten their ability to
survive;''.
Subsec. (a)(2). Pub. L. 102-325, 301(2), struck out ''recruitment
activities,'' after ''long-range planning,''.
Subsec. (a)(5). Pub. L. 102-325, 301(3), amended par. (5)
generally. Prior to amendment, par. (5) read as follows: ''providing
a minimum level of assistance to all categories of eligible institutions
will assure the continued participation of the institutions in the
program established in this subchapter and enhance their role in
providing access and quality education to low-income and minority
students;''.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Section 301(b) of Pub. L. 99-498 provided that: ''The amendment
made by subsection (a) (enacting this subchapter) shall take effect July
1, 1987.''
/1/ So in original. The comma probably should not appear.
20 USC Part A -- Strengthening Institutions
TITLE 20 -- EDUCATION
20 USC 1057. Program purpose
TITLE 20 -- EDUCATION
(a) General authorization
The Secretary shall carry out a program, in accordance with this
part, to improve the academic quality, institutional management, and
fiscal stability of eligible institutions, in order to increase their
self-sufficiency and strengthen their capacity to make a substantial
contribution to the higher education resources of the Nation.
(b) Grants awarded; special consideration
(1) From the sums available for this part under section 1069f(a)(1)
of this title, the Secretary may award grants to any eligible
institution with an application approved under section 1066 of this
title in order to assist such an institution to plan, develop, or
implement activities that promise to strengthen the institution.
(2) Special consideration shall be given to any eligible institution
--
(A) which has endowment funds (other than any endowment fund built
under section 1065 of this title as in effect on September 30, 1986, and
under part B of this subchapter) the market value of which, per
full-time equivalent student, is less than the average current market
value of the endowment funds, per full-time equivalent student (other
than any endowment fund built under section 1065 of this title as in
effect on September 30, 1986, and under part B of this subchapter) at
similar institutions; or
(B) which has expenditures per full-time equivalent student for
library materials which is less than the average of the expenditures for
library materials per full-time equivalent student by other similarly
situated institutions.
(3) Special consideration shall be given to applications which
propose, pursuant to the institution's plan, to engage in --
(A) faculty development;
(B) funds and administrative management;
(C) development and improvement of academic programs;
(D) acquisition of equipment for use in strengthening funds
management and academic programs;
(E) joint use of facilities such as libraries and laboratories; and
(F) student services.
(Pub. L. 89-329, title III, 311, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1291; amended Pub. L. 100-50,
2(a)(1), June 3, 1987, 101 Stat. 335.)
A prior section 1057, Pub. L. 89-329, title III, 311, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1391, enumerated
purposes and established grant authority for program to strengthen
eligible institutions, prior to the general revision of this subchapter
by Pub. L. 99-498.
1987 -- Subsec. (b)(1). Pub. L. 100-50 substituted ''section
1069f(a)(1) of this title'' for ''section 1069d(a)(1) of this title''.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
20 USC 1058. Definitions; eligibility
TITLE 20 -- EDUCATION
(a) Educational and general expenditures
For the purpose of this part, the term ''educational and general
expenditures'' means the total amount expended by an institution of
higher education for instruction, research, public service, academic
support (including library expenditures), student services,
institutional support, scholarships and fellowships, operation and
maintenance expenditures for the physical plant, and any mandatory
transfers which the institution is required to pay by law.
(b) Eligible institution
For the purpose of this part, the term ''eligible institution'' means
--
(1) an institution of higher education --
(A) which has an enrollment of needy students as required by
subsection (c) of this section;
(B) except as provided in section 1067(b) of this title, the average
educational and general expenditures of which are low, per full-time
equivalent undergraduate student, in comparison with the average
educational and general expenditures per full-time equivalent
undergraduate student of institutions that offer similar instruction;
(C)(i) which is legally authorized to provide, and provides within
the State, an educational program for which it awards a bachelor's
degree, or (ii) which is a junior or community college;
(D) which is accredited by a nationally recognized accrediting agency
or association determined by the Secretary to be reliable authority as
to the quality of training offered or which is, according to such an
agency or association, making reasonable progress toward accreditation;
and
(E) which meets such other requirements as the Secretary may
prescribe; and
(2) any branch of any institution of higher education described under
paragraph (1) which by itself satisfies the requirements contained in
subparagraphs (A) and (B) of such paragraph.
For purposes of the determination of whether an institution is an
eligible institution under this paragraph, the factor described under
paragraph (1)(A) shall be given twice the weight of the factor described
under paragraph (1)(B).
(c) Enrollment of needy students
For the purpose of this part, the term ''enrollment of needy
students'' means an enrollment at an institution of higher education or
a junior or community college which includes --
(1) at least 50 percent of the degree students so enrolled who are
receiving need-based assistance under subchapter IV of this chapter and
part C of subchapter I of chapter 34 of title 42 in the second fiscal
year preceding the fiscal year for which the determination is being made
(other than loans for which an interest subsidy is paid pursuant to
section 1078 of this title), or
(2) a substantial percentage of students receiving Pell Grants in the
second fiscal year preceding the fiscal year for which determination is
being made, in comparison with the percentage of students receiving Pell
Grants at all such institutions in /1/ second fiscal year preceding the
fiscal year for which the determination is made, unless the requirement
of this subdivision is waived under section 1067(a) of this title.
(d) Full-time equivalent students
For the purpose of this part, the term ''full-time equivalent
students'' means the sum of the number of students enrolled full time at
an institution, plus the full-time equivalent of the number of students
enrolled part time (determined on the basis of the quotient of the sum
of the credit hours of all part-time students divided by 12) at such
institution.
(e) Junior or community college
For the purpose of this part, the term ''junior or community
college'' means an institution of higher education --
(1) that admits as regular students persons who are beyond the age of
compulsory school attendance in the State in which the institution is
located and who have the ability to benefit from the training offered by
the institution;
(2) that does not provide an educational program for which it awards
a bachelor's degree (or an equivalent degree); and
(3) that --
(A) provides an educational program of not less than 2 years that is
acceptable for full credit toward such a degree, or
(B) offers a 2-year program in engineering, mathematics, or the
physical or biological sciences, designed to prepare a student to work
as a technician or at the semiprofessional level in engineering,
scientific, or other technological fields requiring the understanding
and application of basic engineering, scientific, or mathematical
principles of knowledge.
(f) Historically black college or university
For the purposes of this section, no historically black college or
university which is eligible for and receives funds under part B of this
subchapter is eligible for or may receive funds under this part.
(Pub. L. 89-329, title III, 312, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1292; amended Pub. L. 100-50,
2(a)(2)-(6), June 3, 1987, 101 Stat. 335; Pub. L. 100-369, 10(a), July
18, 1988, 102 Stat. 837; Pub. L. 102-325, title III, 302(a), (b), July
23, 1992, 106 Stat. 472.)
A prior section 1058, Pub. L. 89-329, title III, 312, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1391, defined
terms used in this subchapter, prior to the general revision of this
subchapter by Pub. L. 99-498.
1992 -- Subsec. (b)(1), (2). Pub. L. 102-325, 302(a)(1), (2),
inserted ''and'' at end of subpar. (D), struck out subpar. (E),
redesignated subpar. (F) as (E) and inserted ''and'' at end, and
substituted period for semicolon at end of par. (2). Prior to
amendment, subpar. (E) of par. (1) read as follows: ''except as
provided in section 1067(b) of this title which has, during the 5
academic years preceding the academic year for which it seeks assistance
under this part --
''(i) met the requirement of either subparagraph (C)(i) or (C)(ii),
or of both such subparagraphs (simultaneously or consecutively); and
''(ii) met the requirement of subparagraph (D); and''.
Subsec. (b)(3) to (5). Pub. L. 102-325, 302(a)(3), struck out pars.
(3) to (5) which read as follows:
''(3) any institution of higher education which has an enrollment of
which at least 20 percent are Mexican American, Puerto Rican, Cuban, or
other Hispanic students, or combination thereof, and which also
satisfies the requirements of subparagraphs (A), (B), (C), and (D) of
paragraph (1);
''(4) any institution of higher education which has an enrollment of
at least 60 percent American Indian, or in the case of Alaska natives,
an enrollment of at least 5 percent, and which also satisfies the
requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1);
and
''(5) any institution of higher education which has an enrollment of
which at least 5 percent are Native Hawaiian, Asian American, American
Samoan, Micronesian, Guamian (Chamorro), and Northern Marianian, or any
combination thereof, and which also satisfies the requirements of
subparagraphs (A), (B), (C), and (D) of paragraph (1).''
Subsec. (c)(2). Pub. L. 102-325, 302(b), substituted ''second fiscal
year preceding the fiscal year for which the determination is made,
unless the requirement'' for ''second preceding fiscal year, unless the
requirement''.
1988 -- Subsec. (f). Pub. L. 100-369 added subsec. (f).
1987 -- Subsec. (b)(1)(C), (D). Pub. L. 100-50, 2(a)(2)(A),
inserted ''which'' before ''is'' wherever appearing.
Subsec. (b)(1)(E). Pub. L. 100-50, 2(a)(2)(B), inserted ''which''
before ''has''.
Subsec. (b)(1)(F). Pub. L. 100-50, 2(a)(2)(C), inserted ''which''
before ''meets''.
Subsec. (b)(3), (5). Pub. L. 100-50, 2(a)(3), (4), substituted
''subparagraphs (A), (B), (C), and (D)'' for ''subparagraphs (A) and
(B)''.
Subsec. (c)(1). Pub. L. 100-50, 2(a)(5), inserted ''in the second
fiscal year preceding the fiscal year for which the determination is
being made'' after ''chapter 34 of title 42''.
Subsec. (c)(2). Pub. L. 100-50, 2(a)(6), substituted ''fiscal year
preceding the fiscal year for which determination is being made'' for
''preceding fiscal year'' and ''second preceding fiscal year'' for
''such fiscal year''.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
section 2194; title 25 sections 1616h, 1809.
/1/ So in original. Probably should be ''in the''.
20 USC 1059. Duration of grant
TITLE 20 -- EDUCATION
(a) Award period
The Secretary may award a grant to an eligible institution under this
part for 5 years.
(b) Limitations
In awarding grants under this part the Secretary shall give priority
to applicants who are not already receiving a grant under this part.
(c) Planning grants
Notwithstanding subsection (a) of this section, the Secretary may
award a grant to an eligible institution under this part for a period of
one year for the purpose of preparation of plans and applications for a
grant under this part.
(Pub. L. 89-329, title III, 313, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1294; amended Pub. L. 102-325, title
III, 302(c), July 23, 1992, 106 Stat. 472.)
A prior section 1059, Pub. L. 89-329, title III, 313, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1392, provided for
duration of grants under this part, prior to the general revision of
this subchapter by Pub. L. 99-498.
1992 -- Subsecs. (a), (b). Pub. L. 102-325 amended subsecs. (a)
and (b) generally, substituting present provisions for provisions which
related: in subsec. (a), to the awarding of grants for not to exceed
3, 4, or 5 years; and in subsec. (b), to waiting periods for awarding
of subsequent grants.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC 1059a. Application review process
TITLE 20 -- EDUCATION
(a) Review panel
(1) All applications submitted under part A of this subchapter by
institutions of higher education shall be read by a panel of readers
composed of individuals selected by the Secretary which shall include
outside readers who are not employees of the Federal Government. The
Secretary shall ensure that no individual assigned under this section to
review any application has any conflict of interest with regard to that
application which might impair the impartiality with which that
individual conducts the review under this section.
(2) The Secretary shall take care to include as readers
representatives of historically and predominantly Black colleges,
Hispanic institutions, Native American colleges and universities, and
institutions with substantial numbers of students who are Hispanic,
Native American, Asian American, and Native American Pacific Islander
(including Native Hawaiians).
(3) All readers selected by the Secretary shall receive thorough
instruction from the Secretary regarding the evaluation process for
applications submitted under part A of this subchapter, including --
(A) explanations and examples of the types of activities referred to
in section 1057(b) of this title that must receive special consideration
for grants awarded under part A of this subchapter;
(B) an enumeration of the factors to be used to determine the quality
of applications submitted under part A of this subchapter; and
(C) an enumeration of the factors to be used to determine whether a
grant should be awarded for a project under part A of this subchapter,
the amount of any such grant, and the duration of any such grant.
(b) Recommendations of panel
In awarding grants under part A of this subchapter, the Secretary
shall take into consideration the recommendations of the panel
established under subsection (a) of this section.
(c) Notification
Not later than June 30 of each year, the Secretary shall notify each
institution of higher education making an application under part A of
this subchapter of --
(1) the scores given the applicant by the panel pursuant to this
section;
(2) the recommendations of the panel with respect to such
application; and
(3) the reasons for the decision of the Secretary in awarding or
refusing to award a grant under part A of this subchapter and any
modifications, if any, in the recommendations of the panel made by the
Secretary.
(Pub. L. 89-329, title III, 314, as added Pub. L. 100-50, 2(b),
June 3, 1987, 101 Stat. 336.)
Section effective as if enacted as part of the Higher Education
Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50,
set out as an Effective Date of 1987 Amendment note under section 1001
of this title.
20 USC 1059b. Goals for financial management and academic program
TITLE 20 -- EDUCATION
(a) Goals
Any application for a grant under this part shall describe measurable
goals for the institution's financial management and academic programs,
and include a plan of how the applicant intends to achieve those goals.
(b) Continuation requirements
Any continuation application shall demonstrate the progress made
toward achievement of the goals described pursuant to subsection (a) of
this section.
(Pub. L. 89-329, title III, 315, as added Pub. L. 102-325, title
III, 302(d)(1), July 23, 1992, 106 Stat. 472.)
Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section 1001
of this title.
20 USC 1059c. Hispanic-serving institutions
TITLE 20 -- EDUCATION
(a) Program authorized
The Secretary shall provide grants and related assistance to
Hispanic-serving institutions to enable such institutions to improve and
expand their capacity to serve Hispanic and other low-income students.
(b) Definitions
For the purpose of this section --
(1) the term ''Hispanic-serving institution'' means an institution of
higher education which --
(A) is an eligible institution under section 1058(b) of this title;
(B) at the time of application, has an enrollment of undergraduate
full-time equivalent students that is at least 25 percent Hispanic
students;
(C) provides assurances that --
(i) not less than 50 percent of its Hispanic students are low-income
individuals who are first generation college students; and
(ii) another 25 percent of its Hispanic students are either
low-income individuals or first generation college students;
(2) the term ''first generation college student'' means --
(A) an individual both of whose parents did not complete a
baccalaureate degree; or
(B) in the case of any individual who regularly resided with and
received support from only one parent, an individual whose only such
parent did not complete a baccalaureate degree; and
(3) the term ''low-income individual'' means an individual from a
family whose taxable income for the preceding year did not exceed 150
percent of an amount equal to the poverty level determined by using
criteria of poverty established by the Bureau of the Census.
(c) Authorized activities
(1) /1/ Types of activities authorized
Grants awarded under this section shall be used by Hispanic-serving
institutions of higher education to assist such institutions to plan,
develop, undertake, and carry out programs. Such programs may include
--
(A) purchase, rental, or lease of scientific or laboratory equipment
for educational purposes, including instructional and research purposes;
(B) renovation and improvement in classroom, library, laboratory, and
other instructional facilities;
(C) support of faculty exchanges, and faculty development and faculty
fellowships to assist in attaining advanced degrees in their field of
instruction;
(D) curriculum development and academic instruction;
(E) purchase of library books, periodicals, microfilm, and other
educational materials;
(F) funds and administrative management, and acquisition of equipment
for use in strengthening funds management;
(G) joint use of facilities such as laboratories and libraries; and
(H) academic tutoring and counseling programs and student support
services.
(d) Application process
(1) Institutional eligibility
Each Hispanic-serving institution desiring to receive assistance
under this chapter shall submit to the Secretary such enrollment data as
may be necessary to demonstrate that it is a Hispanic-serving
institution as defined in paragraph (1) of subsection (b) of this
section, along with such other information and data as the Secretary may
by regulation require.
(2) Applications
Any institution which is determined by the Secretary to be a
Hispanic-serving institution (on the basis of the information and data
submitted under paragraph (1)) may submit an application for assistance
under this section to the Secretary. Such application shall include --
(A) a 5-year plan for improving the assistance provided by the
Hispanic-serving institution to Hispanic and other low-income students;
and
(B) such other information and assurance as the Secretary may
require.
(3) Priority
The Secretary shall give priority to applications that contain
satisfactory evidence that such institution has entered into or will
enter into a collaborative arrangement with at least one local
educational agency to provide such agency with assistance (from funds
other than funds provided under this part) in reducing Hispanic dropout
rates, improving Hispanic rates of academic achievement, and increasing
the rates at which Hispanic high school graduates enroll in higher
education.
(e) Special rule
For the purposes of this section, no Hispanic-serving college or
university which is eligible for and receives funds under this section
may concurrently receive other funds under this part or part B of this
subchapter.
(Pub. L. 89-329, title III, 316, as added Pub. L. 102-325, title
III, 302(d)(1), July 23, 1992, 106 Stat. 473.)
This chapter, referred to in subsec. (d)(1), was in the original
''this Act'', meaning Pub. L. 89-329, as amended, known as the Higher
Education Act of 1965. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of this title and
Tables.
Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section 1001
of this title.
/1/ So in original. No par. (2) was enacted.
20 USC Part B -- Strengthening Historically Black Colleges and
Universities
TITLE 20 -- EDUCATION
20 USC 1060. Findings and purposes
TITLE 20 -- EDUCATION
The Congress finds that --
(1) the historically Black colleges and universities have contributed
significantly to the effort to attain equal opportunity through
postsecondary education for Black, low-income, and educationally
disadvantaged Americans;
(2) States and the Federal Government have discriminated in the
allocation of land and financial resources to support Black public
institutions under the Morrill Act of 1862 (7 U.S.C. 301 et seq.) and
its progeny, and against public and private Black colleges and
universities in the award of Federal grants and contracts, and the
distribution of Federal resources under this chapter and other Federal
programs which benefit institutions of higher education;
(3) the current state of Black colleges and universities is partly
attributable to the discriminatory action of the States and the Federal
Government and this discriminatory action requires the remedy of
enhancement of Black postsecondary institutions to ensure their
continuation and participation in fulfilling the Federal mission of
equality of educational opportunity; and
(4) financial assistance to establish or strengthen the physical
plants, financial management, academic resources, and endowments of the
historically Black colleges and universities are appropriate methods to
enhance these institutions and facilitate a decrease in reliance on
governmental financial support and to encourage reliance on endowments
and private sources.
(Pub. L. 89-329, title III, 321, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1294.)
The Morrill Act of 1862, referred to in par. (2), is act July 2,
1862, ch. 130, 12 Stat. 503, as amended, also known as the First
Morrill Act, which is classified generally to subchapter I ( 301 et
seq.) of chapter 13 of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set out
under section 301 of Title 7 and Tables.
This chapter, referred to in par. (2), was in the original ''this
Act'', meaning Pub. L. 89-329, as amended, known as the Higher
Education Act of 1965. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of this title and
Tables.
A prior section 1060, Pub. L. 89-329, title III, 321, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1393, set out
purpose and grant authority for program of aiding institutions with
special needs, prior to the general revision of this subchapter by Pub.
L. 99-498.
Another prior section 1060, Pub. L. 90-575, title V, 504, Oct. 16,
1968, 82 Stat. 1062, which related to eligibility for student
assistance because of conviction of crimes involving force, disruption,
or seizure of property of educational institution; refusal to obey
regulations or orders and disruption of administration of institution;
other misconduct, disciplinary proceedings, and freedom of expression;
and description of programs covered by such disqualification, was
repealed by Pub. L. 92-318, title I, 139B(b), June 23, 1972, 86 Stat.
282.
Ex. Ord. No. 12320, Sept. 15, 1981, 46 F.R. 46107, which provided
for the development of a Federal program to achieve a significant
increase in the participation by historically Black colleges and
universities in Federally sponsored programs, was revoked by Ex. Ord.
No. 12677, Apr. 28, 1989, 54 F.R. 18869, set out as a note below.
Ex. Ord. No. 12677, Apr. 28, 1989, 54 F.R. 18869, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, in order to advance the
development of human potential, to strengthen the capacity of
historically Black colleges and universities to provide quality
education, and to increase opportunities to participate in and benefit
from Federal programs, it is hereby ordered as follows:
Section 1. There shall be established in the Department of
Education, an Advisory Commission, the President's Board of Advisors on
Historically Black Colleges and Universities. The members of the Board
shall be appointed by the President. The Secretary of Education, with
the advice of the Board of Advisors, shall supervise the annual
development of a Federal program designed to achieve an increase in the
participation by historically Black colleges and universities in
federally sponsored programs. The Board of Advisors will also provide
advice on how to increase the private sector role in strengthening
historically Black colleges and universities. Particular emphasis shall
be given to facilitating technical, planning, and development advice to
historically Black colleges and universities, with the goal of ensuring
the long-term viability of these institutions.
Sec. 2. The Board of Advisors shall include appropriate
representatives of historically Black colleges and universities, of
other institutions of higher education, of business and finance, of
private foundations, and of secondary education.
Sec. 3. The White House Initiative on Historically Black Colleges and
Universities, housed in the Department of Education, shall provide the
staff, resources, and assistance for the Board of Advisors on
Historically Black Colleges and Universities; shall assist the
Secretary of Education in the role of liaison between the Executive
branch and historically Black colleges and universities; and shall
serve the Secretary of Education in carrying out his responsibilities
under this order.
Sec. 4. Each Executive department and those Executive agencies
designated by the Secretary of Education shall establish an annual plan
to increase the ability of historically Black colleges and universities
to participate in federally sponsored programs. These plans shall
describe measurable objectives for proposed agency actions to fulfill
this order and shall be submitted at such time and in such form as the
Secretary of Education shall designate. In consultation with
participating Executive agencies, the Secretary of Education shall
review these plans and develop an integrated Annual Federal Plan for
Assistance to Historically Black Colleges and Universities for
consideration by the President.
Sec. 5. The Secretary of Education shall ensure that each president
of a historically Black college or university is given the opportunity
to comment on the proposed Annual Federal Plan prior to its
consideration by the President.
Sec. 6. Each participating agency shall submit to the Secretary of
Education a midyear progress report and at the end of the year an Annual
Performance Report that shall specify agency performance against its
measurable objectives.
Sec. 7. Every third year, the Secretary of Education shall oversee a
special review by every designated Executive department and agency of
its programs to determine the extent to which historically Black
colleges and universities are given an equal opportunity to participate
in federally sponsored programs. This review will examine unintended
regulatory barriers, determine the adequacy of announcements of program
opportunities of interest to these institutions, and identify ways of
eliminating inequalities and disadvantages.
Sec. 8. The Board of Advisors, working through the White House
Initiative, shall provide advice on how historically Black colleges and
universities can achieve greater financial security through the use of
improved business, accounting, management, and development techniques.
To the maximum extent possible, the Board of Advisors shall enlist the
resources and experience of the private sector in providing the
assistance. To this end, historically Black colleges and universities
shall be given high priority within the White House Office of National
Service.
Sec. 9. The White House Office of National Service, along with other
Federal offices, shall work to encourage the private sector to assist
historically Black colleges and universities through increased use of
such devices and activities as: (1) private sector matching funds to
support increased endowments, (2) private sector task forces for
institutions in need of assistance, and (3) private sector expertise to
facilitate the development of more effective ways to manage finances,
improve information management, strengthen faculties, and improve course
offerings. These steps will be taken with the goals of enhancing the
career prospects of their graduates and increasing the number of those
with careers in science and technology.
Sec. 10. In all its endeavors the Board of Advisors shall emphasize
ways to support the long-term development plans of each historically
Black college and university. The Secretary of Education, with the
advice of the Board of Advisors, shall develop alternative sources of
faculty talent, particularly in the fields of science and technology,
including faculty exchanges and referrals from other institutions of
higher education, private sector retirees, Federal employees and
retirees, and emeritus faculty members at other institutions of higher
education.
Sec. 11. The Director of the Office of Personnel Management, in
consultation with the Secretary of Education and the Secretary of Labor,
shall develop a program to improve recruitment and participation of
graduates and undergraduate students of historically Black colleges and
universities in part-time and summer positions in the Federal
Government.
Sec. 12. Each year the Board of Advisors shall report to the
President on the progress achieved in enhancing the role and
capabilities of historically Black colleges and universities, including
an Annual Performance Report on Executive Agency Actions to Assist
Historically Black Colleges and Universities that appraises agency
actions during the preceding year. The Secretary of Education shall
disseminate the annual report to appropriate members of the Executive
branch and make every effort to ensure that findings of the Board of
Advisors are taken into account in the policies and actions of every
Executive agency, including any appropriate recommendations for
improving the Federal response directed by this order.
Sec. 13. Participating Executive agencies shall submit their annual
plans to the Secretary of Education not later than January 15 of each
year. The Annual Federal Plans for Assistance to Historically Black
Colleges and Universities developed by the Secretary of Education shall
be ready for consideration by the President not later than April 30 of
each year.
Sec. 14. The Secretary of Education is directed to establish an
Advisory Commission entitled the President's Board of Advisors on
Historically Black Colleges and Universities. Notwithstanding the
provisions of any other Executive order, the responsibilities of the
President under the Federal Advisory Committee Act, as amended (5 U.S.C.
App.), which are applicable to the Advisory Commission to be established
by this order, shall be performed by the Secretary of Education, in
accordance with the guidelines and procedures established by the
Administrator of General Services.
Sec. 15. Executive Order No. 12320 of September 15, 1981, is
revoked.
George Bush.
Memorandum of the President of the United States, Aug. 17, 1990, 55
F.R. 46491, provided:
Memorandum for the Secretary of Education
By virtue of the authority vested in me as President by the
Constitution and the laws of the United States of America, including
section 208 of title 18 of the United States Code and section 301 of
title 3 of the United States Code, I hereby delegate to the Secretary of
Education my authority to make determinations under subsection (b) of
section 208 of title 18, United States Code, for the members of the
President's Board of Advisors on Historically Black Colleges and
Universities, established pursuant to Executive Order 12677 of April 28,
1989 (set out above).
This memorandum shall be published in the Federal Register.
George Bush.
20 USC 1061. Definitions
TITLE 20 -- EDUCATION
For the purpose of this part:
(1) The term ''graduate'' means an individual who has attended an
institution for at least three semesters and fulfilled academic
requirements for undergraduate studies in not more than 5 consecutive
school years.
(2) The term ''part B institution'' means any historically Black
college or university that was established prior to 1964, whose
principal mission was, and is, the education of Black Americans, and
that is accredited by a nationally recognized accrediting agency or
association determined by the Secretary to be a reliable authority as to
the quality of training offered or is, according to such an agency or
association, making reasonable progress toward accreditation,, /1/
except that any branch campus of a southern institution of higher
education that prior to September 30, 1986, received a grant as an
institution with special needs under section 1060 of this title and was
formally recognized by the National Center for Education Statistics as a
Historically Black College or University but was determined not to be a
part B institution on or after October 17, 1986, shall, from July 18,
1988, be considered a part B institution.
(3) The term ''Pell Grant recipient'' means a recipient of financial
aid under subpart 1 of part A of subchapter IV of this chapter.
(4) The term ''professional and academic areas in which Blacks are
underrepresented'' shall be determined by the Secretary and the
Commissioner of the Bureau of Labor Statistics, on the basis of the most
recent available satisfactory data, as professional and academic areas
in which the percentage of Black Americans who have been educated,
trained, and employed is less than the percentage of Blacks in the
general population.
(5) The term ''school year'' means the period of 12 months beginning
July 1 of any calendar year and ending June 30 of the following calendar
year.
(Pub. L. 89-329, title III, 322, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1294; amended Pub. L. 100-369,
10(c), July 18, 1988, 102 Stat. 838.)
A prior section 1061, Pub. L. 89-329, title III, 322, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1393, defined
terms used in this part, prior to the general revision of this
subchapter by Pub. L. 99-498.
Another prior section 1061, Pub. L. 89-329, title IV, 401, Nov. 8,
1965, 79 Stat. 1232; Pub. L. 90-575, title I, 101(a), (b)(1), Oct.
16, 1968, 82 Stat. 1017; Pub. L. 91-95, 4, Oct. 22, 1969, 83 Stat.
143; Pub. L. 92-318, title I, 131(a)(1)(A), June 23, 1972, 86 Stat.
247, related to statement of purpose and authorization of appropriations
for educational opportunity grants, prior to the general revision of
part A of subchapter IV of this chapter by Pub. L. 92-318, title I,
131(b)(1), June 23, 1972, 86 Stat. 247.
1988 -- Par. (2). Pub. L. 100-369 inserted '',, except that any
branch campus of a southern institution of higher education that prior
to September 30, 1986, received a grant as an institution with special
needs under section 1060 of this title and was formally recognized by
the National Center for Education Statistics as a Historically Black
College or University but was determined not to be a part B institution
on or after October 17, 1986, shall, from July 18, 1988, be considered a
part B institution'' after ''accreditation''.
1809; title 42 section 1862d.
/1/ So in original.
20 USC 1062. Grants to institutions
TITLE 20 -- EDUCATION
(a) General authorization; uses of funds
From amounts available under section 1069f(a)(2) of this title in any
fiscal year the Secretary shall make grants (under section 1063 of this
title) to institutions which have applications approved by the Secretary
(under section 1063a of this title) for any of the following uses:
(1) Purchase, rental, or lease of scientific or laboratory equipment
for educational purposes, including instructional and research purposes.
(2) Construction, maintenance, renovation, and improvement in
classroom, library, laboratory, and other instructional facilities,
including purchase or rental of telecommunications technology equipment
or services.
(3) Support of faculty exchanges, and faculty development and faculty
fellowships to assist in attaining advanced degrees in their field of
instruction.
(4) Academic instruction in disciplines in which Black Americans are
underrepresented.
(5) Purchase of library books, periodicals, microfilm, and other
educational materials, including telecommunications program materials.
(6) Tutoring, counseling, and student service programs designed to
improve academic success.
(7) Funds and administrative management, and acquisition of equipment
for use in strengthening funds management.
(8) Joint use of facilities, such as laboratories and libraries.
(9) Establishing or improving a development office to strengthen or
improve contributions from alumni and the private sector.
(10) Establishing or enhancing a program of teacher education
designed to qualify students to teach in a public elementary or
secondary school in the State that shall include, as part of such
program, preparation for teacher certification.
(11) Establishing community outreach programs which will encourage
elementary and secondary students to develop the academic skills and the
interest to pursue postsecondary education.
(12) Other activities proposed in the application submitted pursuant
to section 1063a of this title that --
(A) contribute to carrying out the purposes of this part; and
(B) are approved by the Secretary as part of the review and
acceptance of such application.
(b) Limitations
(1) No grant may be made under this chapter for any educational
program, activity, or service related to sectarian instruction or
religious worship, or provided by a school or department of divinity.
For the purpose of this subsection, the term ''school or department of
divinity'' means 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.
(2) Not more than 50 percent of the allotment of any institution may
be available for the purpose of constructing or maintaining a classroom,
library, laboratory, or other instructional facility.
(3) The Secretary shall not award a grant under this part for
telecommunications technology equipment, facilities or services, if such
equipment, facilities or services are available pursuant to section
396(k) of title 47.
(Pub. L. 89-329, title III, 323, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1295; amended Pub. L. 100-50,
2(a)(7), June 3, 1987, 101 Stat. 335; Pub. L. 100-369, 10(b), July 18,
1988, 102 Stat. 838; Pub. L. 102-325, title III, 303(a), (b), July 23,
1992, 106 Stat. 474, 475.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'', meaning Pub. L. 89-329, as amended, known as the Higher
Education Act of 1965. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of this title and
Tables.
A prior section 1062, Pub. L. 89-329, title III, 323, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1395, provided for
duration of grants to institutions with special needs, prior to the
general revision of this subchapter by Pub. L. 99-498.
Another prior section 1062, Pub. L. 89-329, title IV, 402, Nov. 8,
1965, 79 Stat. 1232; Pub. L. 90-575, title I, 102, Oct. 16, 1968, 82
Stat. 1017, related to determination of amount of grant and
establishment of basic criteria or schedules, prior to the general
revision of part A of subchapter IV of this chapter by Pub. L. 92-318,
title I, 131(b)(1), June 23, 1972, 86 Stat. 247.
1992 -- Subsec. (a)(2). Pub. L. 102-325, 303(a)(1), inserted '',
including purchase or rental of telecommunications technology equipment
or services'' after ''facilities''.
Subsec. (a)(5). Pub. L. 102-325, 303(a)(2), inserted '', including
telecommunications program materials'' after ''materials''.
Subsec. (a)(9) to (12). Pub. L. 102-325, 303(a)(3), added pars.
(9) to (12).
Subsec. (b)(3). Pub. L. 102-325, 303(b), added par. (3).
1988 -- Subsec. (a)(3). Pub. L. 100-369, 10(b)(1), inserted '', and
faculty development'' after ''exchanges''.
Subsec. (a)(7), (8). Pub. L. 100-369, 10(b)(2), added pars. (7)
and (8).
1987 -- Subsec. (a). Pub. L. 100-50 substituted ''section
1069f(a)(2) of this title'' for ''section 1069d(a)(2) of this title''.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
20 USC 1063. Allotments to institutions
TITLE 20 -- EDUCATION
(a) Allotment; Pell Grant basis
From the amounts appropriated to carry out this part for any fiscal
year, the Secretary shall allot to each part B institution a sum which
bears the same ratio to one-half that amount as the number of Pell Grant
recipients in attendance at such institution at the end of the school
year preceding the beginning of that fiscal year bears to the total
number of Pell Grant recipients at all part B institutions.
(b) Allotment; graduates basis
From the amounts appropriated to carry out this part for any fiscal
year, the Secretary shall allot to each part B institution a sum which
bears the same ratio to one-fourth that amount as the number of
graduates for such school year at such institution bears to the total
number of graduates for such school year at all part B institutions.
(c) Allotment; graduate and professional student basis
From the amounts appropriated to carry out this part for any fiscal
year, the Secretary shall allot to each part B institution a sum which
bears the same ratio to one-fourth of that amount as the percentage of
graduates per institution, who are admitted to and in attendance at,
within 5 years of graduation with a baccalaureate degree, a graduate or
professional school in a degree program in disciplines in which Blacks
are underrepresented, bears to the percentage of such graduates per
institution for all part B institutions.
(d) Minimum allotment
(1) Notwithstanding subsections (a), (b), and (c) of this section,
the amount allotted to each part B institution under this section shall
not be less than $500,000.
(2) If the amount appropriated pursuant to section 1069f(a)(2)(A) of
this title for any fiscal year is not sufficient to pay the minimum
allotment required by paragraph (1) of this subsection to all part B
institutions, the amount of such minimum allotments shall be ratably
reduced. If additional sums become available for such fiscal year, such
reduced allocation shall be increased on the same basis as they were
reduced (until the amount allotted equals the minimum allotment required
by paragraph (1)).
(e) Reallotment
The amount of any part B institution's allotment under subsection
(a), (b), (c), or (d) of this section for any fiscal year which the
Secretary determines will not be required for such institution for the
period such allotment is available shall be available for reallotment
from time to time on such date during such period as the Secretary may
determine to other part B institutions in proportion to the original
allotment to such other institutions under this section for such fiscal
year.
(f) Special merger rule
(1) The Secretary shall permit any eligible institution for a grant
under part B in any fiscal year prior to the fiscal year 1986 to apply
for a grant under this part if the eligible institution has merged with
another institution of higher education which is not so eligible or has
merged with an eligible institution.
(2) The Secretary may establish such regulations as may be necessary
to carry out the requirement of paragraph (1) of this subsection.
(g) Special rule for certain District of Columbia eligible
institutions
In any fiscal year that the Secretary determines that Howard
University or the University of the District of Columbia will receive an
allotment under subsections (b) and (c) of this section which is not in
excess of amounts received by Howard University under section 123 of
this title, relating to annual authorization of appropriations for
Howard University, or by the University of the District of Columbia
under the District of Columbia Self-Government and Governmental
Reorganization Act (87 Stat. 774) for such fiscal year, then Howard
University and the University of the District of Columbia, as the case
may be, shall be ineligible to receive an allotment under this section.
(Pub. L. 89-329, title III, 324, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub. L. 99-509, title
VII, 7007, Oct. 21, 1986, 100 Stat. 1950; Pub. L. 102-325, title III,
303(c), (d), July 23, 1992, 106 Stat. 475.)
The District of Columbia Self-Government and Governmental
Reorganization Act, referred to in subsec. (g), is Pub. L. 93-198,
Dec. 24, 1973, 87 Stat. 774, which is classified principally to the
District of Columbia Code. See chapter 2 ( 1-201 et seq.) of Title 1,
Administration, of the District of Columbia Code. For classification of
this Act to the U.S. Code, see Tables.
A prior section 1063, Pub. L. 89-329, title III, 324, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1395, related to
Federal share of grants to institutions with special needs, prior to the
general revision of this subchapter by Pub. L. 99-498.
Another prior section 1063, Pub. L. 89-329, title IV, 403, Nov. 8,
1965, 79 Stat. 1233, related to duration of grant and eligibility for
payments, prior to the general revision of part A of subchapter IV of
this chapter by Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86
Stat. 247.
1992 -- Subsec. (c). Pub. L. 102-325, 303(c), inserted '', within 5
years of graduation with a baccalaureate degree,'' after ''in attendance
at''.
Subsec. (d)(1). Pub. L. 102-325, 303(d), substituted ''$500,000''
for ''$350,000''.
1986 -- Subsec. (c). Pub. L. 99-509, 7007(4), amended subsec.
generally, substituting ''percentage of graduates per institution'' for
''number of graduates'' and ''percentage of such graduates per
institution'' for ''number of such graduates''.
Subsec. (d). Pub. L. 99-509, 7007(1), (2), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 99-509, 7007(1), (3), redesignated former
subsec. (d) as (e), and substituted ''subsection (a), (b), (c), or (d)
of this section'' for ''subsection (a), (b), or (c) of this section''.
Former subsec. (e) redesignated (f).
Subsecs. (f), (g). Pub. L. 99-509, 7007(1), redesignated subsecs.
(e) and (f) as (f) and (g), respectively.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC 1063a. Applications
TITLE 20 -- EDUCATION
(a) Contents
No part B institution shall be entitled to its allotment of Federal
funds for any grant under section 1063 of this title for any period
unless that institution meets the requirements of subparagraphs (C),
(D), and (E) /1/ of section 1058(b)(1) of this title and submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information, as the Secretary may
reasonably require. Each such application shall --
(1) provide that the payments under this chapter will be used for the
purposes set forth in section 1062 of this title; and
(2) provide for making an annual report to the Secretary and provide
for --
(A) conducting, except as provided in subparagraph (B), a financial
and compliance audit of an eligible institution, with regard to any
funds obtained by it under this subchapter at least once every 2 years
and covering the period since the most recent audit, conducted by a
qualified, independent organization or person in accordance with
standards established by the Comptroller General for the audit of
governmental organizations, programs, and functions, and as prescribed
in regulations of the Secretary, the results of which shall be submitted
to the Secretary; or
(B) with regard to an eligible institution which is audited under
chapter 75 of title 31 deeming such audit to satisfy the requirements of
subparagraph (A) for the period covered by such audit.
(b) Approval
The Secretary shall approve any application which meets the
requirements of subsection (a) of this section and shall not disapprove
any application submitted under this part, or any modification thereof,
without first affording such institution reasonable notice and
opportunity for a hearing.
(c) Goals for financial management and academic programs
Any application for a grant under this part shall describe measurable
goals for the institution's financial management and academic programs
and include a plan of how the applicant intends to achieve those goals.
(Pub. L. 89-329, title III, 325, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub. L. 100-50,
2(a)(8), June 3, 1987, 101 Stat. 335; Pub. L. 102-325, title III,
303(e), July 23, 1992, 106 Stat. 475.)
Section 1058(b)(1)(E) of this title, referred to in subsec. (a), was
repealed and section 1058(b)(1)(F) was redesignated section
1058(b)(1)(E) by Pub. L. 102-325, title III, 302(a)(1)(B), (C), July
23, 1992, 106 Stat. 472.
This chapter, referred to in subsec. (a)(1), was in the original
''this Act'', meaning Pub. L. 89-329, as amended, known as the Higher
Education Act of 1965. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of this title and
Tables.
1992 -- Subsec. (c). Pub. L. 102-325 added subsec. (c).
1987 -- Subsec. (a)(1). Pub. L. 100-50 substituted ''section 1062 of
this title'' for ''section 1061 of this title''.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
/1/ See References in Text note below.
20 USC 1063b. Professional or graduate institutions
TITLE 20 -- EDUCATION
(a) General authorization
(1) Subject to the availability of funds appropriated to carry out
this section, the Secretary shall award program grants to each of the
postgraduate institutions listed in subsection (e) of this section that
is determined by the Secretary to be making a substantial contribution
to the legal, medical, dental, veterinary, or other graduate education
opportunities for Black Americans.
(2) No grant in excess of $500,000 may be made under this section
unless the postgraduate institution provides assurances that 50 percent
of the cost of the purposes for which the grant is made will be paid
from non-Federal sources except that the Morehouse School of Medicine
shall receive at least $3,000,000.
(b) Duration
Grants shall be made for a period not to exceed 5 years. No more
than two 5-year grants (for a period of not more than 10 years) may be
made to any one undergraduate or postgraduate institution.
(c) Uses of funds
A grant under this section may be used for --
(1) any of the purposes enumerated under section 1062 of this title;
(2) to establish or improve a development office to strengthen and
increase contributions from alumni and the private sector; and
(3) to assist in the establishment or maintenance of an institutional
endowment to facilitate financial independence pursuant to section 1065
of this title.
(d) Application
Any institution eligible for a grant under this section shall submit
an application which --
(1) demonstrates how the grant funds will be used to improve graduate
educational opportunities for Black and low-income students, and lead to
greater financial independence; and
(2) provides, in the case of applications for grants in excess of
$500,000, the assurances required by subsection (a)(2) of this section
and specifies the manner in which the eligible institution is going to
pay the non-Federal share of the cost of the application.
(e) Eligibility
(1) In general
Independent professional or graduate institutions and programs
eligible for grants under subsection (a) of this section include --
(A) Morehouse School of Medicine;
(B) Meharry Medical School;
(C) Charles R. Drew Postgraduate Medical School;
(D) Clark-Atlanta University;
(E) Tuskegee University School of Veterinary Medicine;
(F) Xavier University School of Pharmacy;
(G) Southern University School of Law;
(H) Texas Southern University School of Law and School of Pharmacy;
(I) Florida A&M University School of Pharmaceutical Sciences;
(J) North Carolina Central University School of Law;
(K) Morgan State University qualified graduate program;
(L) Hampton University qualified graduate program;
(M) Alabama A&M qualified graduate program;
(N) North Carolina A&T State University qualified graduate program;
(O) University of Maryland Eastern Shore qualified graduate program;
and
(P) Jackson State qualified graduate program.
(2) Qualified graduate program
For the purposes of this section, the term ''qualified graduate
program'' means a graduate or professional program that --
(A) provides a program of instruction in the physical or natural
sciences, engineering, mathematics, or other scientific discipline in
which African Americans are underrepresented;
(B) has been accredited by a nationally recognized accrediting agency
or association or has been approved by a nationally recognized approving
agency; and
(C) has students enrolled in such program at the time of application
for a grant under this section.
(3) Special rule
Graduate institutions that were awarded grants under this section
prior to October 1, 1992 shall continue to receive such grant payments,
regardless of the eligibility of the graduate institutions described in
subparagraphs (F) through (P), until such grant period has expired or
September 30, 1993, whichever is later.
(4) One grant per institution
The Secretary shall not award more than 1 grant under this section in
any fiscal year to any institution of higher education or university
system.
(f) Funding rule
Of the amount appropriated to carry out this section for any fiscal
year --
(1) the first $12,000,000 (or any lesser amount appropriated) shall
be available only for the purposes of making grants to institutions or
programs described in subparagraphs (A) through (E) of subsection (e)(1)
of this section;
(2) any amount appropriated in excess of $12,000,000 shall be
available --
(A) for the purposes of making grants, in equal amounts not to exceed
$500,000, to institutions or programs described in subparagraphs (F)
through (P) of subsection (e)(1) of this section; and
(B) secondly for the purposes of making grants to institutions or
programs described in subparagraphs (A) through (P) of subsection (e)(1)
of this section.
(Pub. L. 89-329, title III, 326, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1297; amended Pub. L. 100-50,
2(a)(9), (10), June 3, 1987, 101 Stat. 335; Pub. L. 102-325, title III,
303(f)(1), (g), July 23, 1992, 106 Stat. 475, 476.)
1992 -- Subsec. (e). Pub. L. 102-325, 303(f)(1), substituted
''Eligibility'' for ''Eligible professional or graduate institutions''
in heading and amended text generally. Prior to amendment, text read as
follows: ''Independent professional or graduate institutions eligible
for grants under subsection (a) of this section include --
''(1) Morehouse School of Medicine;
''(2) Meharry Medical School;
''(3) Charles R. Drew Postgraduate Medical School;
''(4) Atlanta University; and
''(5) Tuskegee Institute School of Veterinary Medicine.''
Subsec. (f). Pub. L. 102-325, 303(g), added subsec. (f).
1987 -- Subsec. (a)(2). Pub. L. 100-50, 2(a)(9), inserted ''except
that the Morehouse School of Medicine shall receive at least
$3,000,000''.
Subsec. (c)(3). Pub. L. 100-50, 2(a)(10), made technical amendment
to reference to section 1065 of this title to correct reference to
corresponding section of original act.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
20 USC 1063c. Reporting and audit requirements
TITLE 20 -- EDUCATION
(a) Recordkeeping
Each recipient of a grant under this part shall keep such records as
the Secretary shall prescribe, including records which fully disclose --
(1) the amount and disposition by such recipient of the proceeds of
such assistance;
(2) the cost of the project or undertaking in connection with which
such assistance is given or used;
(3) the amount of that portion of the cost of the project or
undertaking supplied by other sources; and
(4) such other records as will facilitate an effective audit.
(b) Repayment of unexpended funds
Any funds paid to an institution and not expended or used for the
purposes for which the funds were paid within 10 years following the
date of the initial grant awarded to an institution under part B of this
subchapter shall be repaid to the Treasury of the United States.
(Pub. L. 89-329, title III, 327, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1298; amended Pub. L. 100-50,
2(a)(11), June 3, 1987, 101 Stat. 335.)
1987 -- Subsec. (a). Pub. L. 100-50 substituted ''part'' for
''chapter'' in introductory text.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
20 USC Part C -- Endowment Challenge Grants for Institutions Eligible
for Assistance Under Part A or Part B
TITLE 20 -- EDUCATION
20 USC 1064. Repealed. Pub. L. 102-325, title III, 304(a)(2), July
23, 1992, 106 Stat. 476
TITLE 20 -- EDUCATION
Section, Pub. L. 89-329, title III, 331, as added Pub. L. 99-498,
title III, 301(a), Oct. 17, 1986, 100 Stat. 1298, related to
establishment of challenge grant program.
A prior section 1064, Pub. L. 89-329, title III, 331, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1395; amended
Pub. L. 97-35, title V, 516(c)(2), Aug. 13, 1981, 95 Stat. 447,
established a challenge grant program, prior to the general revision of
this subchapter by Pub. L. 99-498.
Another prior section 1064, Pub. L. 89-329, title IV, 404, Nov. 8,
1965, 79 Stat. 1233, related to time and manner of making application
for grant, selection of recipients and conditions precedent to award,
prior to the general revision of part A of subchapter IV of this chapter
by Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 247.
Repeal effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section 1001
of this title.
20 USC 1065. Endowment challenge grants
TITLE 20 -- EDUCATION
(a) Purpose; definitions
(1) The purpose of this section is to establish a program to provide
matching grants to eligible institutions in order to establish or
increase endowment funds at such institutions, to provide additional
incentives to promote fund raising activities by such institutions, and
to foster increased independence and self-sufficiency at such
institutions.
(2) For the purpose of this section:
(A) The term ''endowment fund'' means a fund established by State
law, by an institution of higher education, or by a foundation which is
exempt from taxation and is maintained for the purpose of generating
income for the support of the institution, but which shall not include
real estate.
(B) The term ''endowment fund corpus'' means an amount equal to the
grant or grants awarded under this section plus an amount equal to such
grant or grants provided by the institution.
(C) The term ''endowment fund income'' means an amount equal to the
total value of the endowment fund established under this section minus
the endowment fund corpus.
(D)(i) The term ''eligible institution'' means an institution that is
an --
(I) eligible institution under part A of this subchapter or would be
considered to be such an institution if section 1058(b)(1)(C) of this
title referred to a postgraduate degree rather than a bachelor's degree;
(II) institution eligible for assistance under part B of this
subchapter or would be considered to be such an institution if section
1063 of this title referred to a postgraduate degree rather than a
baccalaureate degree; or
(III) institution of higher education that makes a substantial
contribution to postgraduate medical educational opportunities for
minorities and the economically disadvantaged.
(ii) The Secretary may waive the requirements of subclauses (I) and
(II) of clause (i) with respect to a postgraduate degree in the case of
any institution otherwise eligible under clause (i) for an endowment
challenge grant upon determining that the institution makes a
substantial contribution to medical education opportunities for
minorities and the economically disadvantaged.
(b) Grants authorized
(1) From sums available for this section under section 1069f of this
title, the Secretary is authorized to award endowment challenge grants
to eligible institutions to establish or increase an endowment fund at
such institution. Such grants shall be made only to eligible
institutions described in paragraph (4) whose applications have been
approved pursuant to subsection (g) of this section.
(2)(A) Except as provided in subparagraph (B), no institution shall
receive a grant under this section, unless such institution has
deposited in its endowment fund established under this section an amount
equal to the amount of such grant. The source of funds for this
institutional match shall not include Federal funds or funds from an
existing endowment fund.
(B) The Secretary may make a grant under this part to an eligible
institution under the following circumstances:
(i) In any fiscal year in which the amount appropriated to carry out
this part is less than $15,000,000, the institution --
(I) may apply for a grant in an amount not exceeding $500,000; and
(II) shall have deposited in its endowment fund established under
this section an amount which is equal to one-half of the amount of such
grant.
(ii) In any fiscal year in which the amount appropriated to carry out
this part is equal to or greater than $15,000,000 but less than
$25,000,000, the institution --
(I) may apply for a grant in an amount not exceeding $1,000,000; and
(II) shall have deposited in its endowment fund established under
this section an amount which is equal to one-half of the amount of such
grant.
(iii) In any fiscal year in which the amount appropriated to carry
out this part is equal to or greater than $25,000,000, the institution
may apply for a grant in an amount not to exceed $1,500,000 if such
institution has deposited in its endowment fund established under this
section an amount which is equal to one-half of the amount of such
grant.
(C)(i) Except as provided in clause (ii), if the appropriation for
this part in a fiscal year is $20,000,000 or less, an eligible
institution of higher education that is awarded a grant under subsection
(b)(2)(B) of this section shall not be eligible to reapply for a grant
under subsection (b)(2)(B) of this section during the 10 years
immediately following the period that such institution received such a
grant.
(ii) If the appropriation for this part in any fiscal year is greater
than $20,000,000, an eligible institution of higher education that is
awarded a grant under subsection (b)(2)(B) of this section shall not be
eligible to reapply for a grant under subsection (b)(2)(B) of this
section during the 5 years immediately following the period that such
institution received such a grant. This provision shall apply for the
fiscal year in which the appropriation is greater than $20,000,000 and
subsequent fiscal years, regardless of the appropriation in those fiscal
years.
(3) The period of a grant under this section shall be not more than
20 years. During the grant period, an institution may not withdraw or
expend any of the endowment fund corpus. After the termination of the
grant period, an institution may use the endowment fund corpus plus any
endowment fund income for any educational purpose.
(4)(A) An institution of higher education is eligible to receive a
grant under this section if it is an eligible institution as described
in subsection (a)(2)(D) of this section.
(B) No institution shall be ineligible for an endowment challenge
grant under this section for a fiscal year by reason of the previous
receipt of such a grant but no institution shall be eligible to receive
such a grant for more than 2 fiscal years out of any period of 5
consecutive fiscal years.
(5) an /1/ endowment challenge grant awarded under this section to an
eligible institution shall be in an amount which is not less than
$50,000 in any fiscal year.
(6)(A) An eligible institution may designate a foundation, which was
established for the purpose of raising money for the institution, as the
recipient of the grant awarded under this section.
(B) The Secretary shall not award a grant to a foundation on behalf
of an institution unless --
(i) the institution assures the Secretary that the foundation is
legally authorized to receive the endowment fund corpus and is legally
authorized to administer the fund in accordance with this section and
any implementing regulation;
(ii) the foundation agrees to administer the fund in accordance with
the requirements of this section and any implementing regulation; and
(iii) the institution agrees to be liable for any violation by the
foundation of the provisions of this section and any implementing
regulation, including any monetary liability that may arise as a result
of such violation.
(c) Grant agreement; endowment fund provisions
(1) An institution awarded a grant under this section shall enter
into an agreement with the Secretary containing satisfactory assurances
that it will (A) immediately comply with the matching requirements of
subsection (b)(2) of this section, (B) establish an endowment fund
independent of any other such fund of the institution, (C) invest the
endowment fund corpus, and (D) meet the other requirements of this
section.
(2)(A) An institution shall invest the endowment fund corpus and
endowment fund income in low-risk securities in which a regulated
insurance company may invest under the law of the State in which the
institution is located such as a federally insured bank savings account
or comparable interest-bearing account, certificate of deposit, money
market fund, mutual fund, or obligations of the United States.
(B) The institution, in investing the endowment fund established
under this section, shall exercise the judgment and care, under the
circumstances then prevailing, which a person of prudence, discretion,
and intelligence would exercise in the management of such person's own
affairs.
(3)(A) An institution may withdraw and expend the endowment fund
income to defray any expenses necessary to the operation of such
college, including expenses of operations and maintenance,
administration, academic and support personnel, construction and
renovation, community and student services programs, and technical
assistance.
(B)(i) Except as provided in clause (ii), an institution may not
spend more than 50 percent of the total aggregate endowment fund income
earned prior to the time of expenditure.
(ii) The Secretary may permit an institution to spend more than 50
percent of the endowment fund income notwithstanding clause (i) if the
institution demonstrates such an expenditure is necessary because of (I)
a financial emergency, such as a pending insolvency or temporary
liquidity problem; (II) a life-threatening situation occasioned by a
natural disaster or arson; or (III) any other unusual occurrence or
exigent circumstance.
(d) Repayment provisions
(1) If at any time an institution withdraws part of the endowment
fund corpus, the institution shall repay to the Secretary an amount
equal to 50 percent of the withdrawn amount, which represents the
Federal share, plus income earned thereon. The Secretary may use such
repaid funds to make additional challenge grants, or to increase
existing endowment grants, to other eligible institutions.
(2) If an institution expends more of the endowment fund income than
is permitted under subsection (c) of this section, the institution shall
repay the Secretary an amount equal to 50 percent of the amount
improperly expended (representing the Federal share thereof). The
Secretary may use such repaid fund to make additional challenge grants,
or to increase existing challenge grants, to other eligible
institutions.
(e) Audit information
An institution receiving a grant under this section shall provide to
the Secretary (or a designee thereof) such information (or access
thereto) as may be necessary to audit or examine expenditures made from
the endowment fund corpus or income in order to determine compliance
with this section.
(f) Selection criteria
In selecting eligible institutions for grants under this section for
any fiscal year, the Secretary shall --
(1) give priority to an applicant that is receiving assistance under
part A of this subchapter or part B of this subchapter or has received a
grant under part A of this subchapter or part B of this subchapter
within the 5 fiscal years preceding the fiscal year in which the
applicant is applying for a grant under this section;
(2) give priority to an applicant with a greater need for such a
grant, based on the current market value of the applicant's existing
endowment in relation to the number of full-time equivalent students
enrolled at such institution; and
(3) consider --
(A) the effort made by the applicant to build or maintain its
existing endowment fund; and
(B) the degree to which an applicant proposes to match the grant with
nongovernmental funds.
(g) Application
Any institution which is eligible for assistance under this section
may submit to the Secretary a grant application at such time, in such
form, and containing such information as the Secretary may prescribe,
including a description of the long- and short-term plans for raising
and using the funds under this part. Subject to the availability of
appropriations to carry out this section and consistent with the
requirement of subsection (f) of this section, the Secretary may approve
an application for a grant if an institution, in its application,
provides adequate assurances that it will comply with the requirements
of this section.
(h) Termination and recovery provisions
(1) After notice and an opportunity for a hearing, the Secretary may
terminate and recover a grant awarded under this section if the grantee
institution --
(A) expends portions of the endowment fund corpus or expends more
than the permissible amount of the endowment funds income as prescribed
in subsection (c)(3) of this section;
(B) fails to invest the endowment fund in accordance with the
investment standards set forth in subsection (c)(2) of this section; or
(C) fails to properly account to the Secretary concerning the
investment and expenditures of the endowment funds.
(2) If the Secretary terminates a grant under paragraph (1), the
grantee shall return to the Secretary an amount equal to the sum of each
original grant under this section plus income earned thereon. The
Secretary may use such repaid funds to make additional endowment grants,
or to increase existing challenge grants, to other eligible institutions
under this part.
(Pub. L. 89-329, title III, 331, formerly 332, as added Pub. L.
99-498, title III, 301(a), Oct. 17, 1986, 100 Stat. 1299; amended Pub.
L. 100-50, 2(a)(12), June 3, 1987, 101 Stat. 336; renumbered 331 and
amended Pub. L. 102-325, title III, 304(a)(3), (b), July 23, 1992, 106
Stat. 476.)
A prior section 331 of Pub. L. 89-329, title III, as added Pub. L.
99-498, title III, 301(a), Oct. 17, 1986, 100 Stat. 1298, which
related to establishment of challenge grant program, was classified to
section 1064 of this title and was repealed by Pub. L. 102-325, title
III, 304(a)(2), July 23, 1992, 106 Stat. 476.
A prior section 1065, Pub. L. 89-329, title III, 332, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1396, related to
applications for challenge grants, prior to the general revision of this
subchapter by Pub. L. 99-498.
Another prior section 1065, Pub. L. 89-329, title IV, 405, Nov. 8,
1965, 79 Stat. 1234; Pub. L. 90-575, title I, 101(b)(2), Oct. 16,
1968, 82 Stat. 1017, related to allotment and reallotment of funds
among the States, prior to the general revision of part A of subchapter
IV of this chapter by Pub. L. 92-318, title I, 131(b)(1), June 23,
1972, 86 Stat. 247.
A prior section 1065a, Pub. L. 89-329, title III, 333, as added
Pub. L. 98-95, 2, Sept. 26, 1983, 97 Stat. 708, established program
of matching grants to increase endowments at eligible institutions of
higher education, prior to the general revision of this subchapter by
Pub. L. 99-498.
1992 -- Subsec. (a)(1). Pub. L. 102-325, 304(b)(1)(A), struck out
''of higher education'' after ''eligible institutions''.
Subsec. (a)(2)(D). Pub. L. 102-325, 304(b)(1)(B), added subpar.
(D).
Subsec. (b)(1). Pub. L. 102-325, 304(b)(2), inserted ''endowment''
before ''challenge grants'' and struck out ''of higher education'' after
''eligible institutions''.
Subsec. (b)(2)(B), (C). Pub. L. 102-325, 304(b)(3), amended
subpars. (B) and (C) generally. Prior to amendment, subpars. (B) and
(C) read as follows:
''(B) In any fiscal year in which the appropriations for this part
exceeds $10,000,000, the Secretary may make a grant under this part to
an eligible institution of higher education if such institution --
''(i) has deposited in its endowment fund established under this
section an amount which is equal to one-half of the amount of such
grant; and
''(ii) applies for a grant in an amount exceeding $1,000,000.
''(C) An eligible institution of higher education that is awarded a
grant under this section shall not be eligible to reapply for a grant
under this section during the 10 years immediately following the period
that it received such grant.''
Subsec. (b)(4)(A). Pub. L. 102-325, 304(b)(4), substituted
''subsection (a)(2)(D) of this section'' for ''section 1064(a)(1) of
this title''.
Subsec. (b)(4)(B). Pub. L. 102-325, 304(b)(5), substituted ''an
endowment challenge grant'' for ''a challenge grant''.
Subsec. (b)(5). Pub. L. 102-325, 304(b)(6), amended par. (5)
generally. Prior to amendment, par. (5) read as follows: ''Except as
provided in paragraph (2)(B), a challenge grant under this section to an
eligible institution year shall --
''(A) not be less than $50,000 for any fiscal year; and
''(B) not be more than (i) $250,000 for fiscal year 1987; or (ii)
$500,000 for fiscal year 1988 or any succeeding fiscal year.''
Subsec. (f)(1). Pub. L. 102-325, 304(b)(7), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''give
priority to an applicant which is a recipient of a grant made under part
A or B of this subchapter (or section 1069a of this title) during the
academic year in which the applicant is applying for a grant under this
section;''.
Subsec. (g). Pub. L. 102-325, 304(b)(8), inserted '', including a
description of the long- and short-term plans for raising and using the
funds under this part'' before period at end of first sentence.
1987 -- Subsec. (f)(1). Pub. L. 100-50 inserted ''(or section 1069a
of this title)''.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
/1/ So in original. Probably should be capitalized.
20 USC Part D -- General Provisions
TITLE 20 -- EDUCATION
20 USC 1066. Applications for assistance
TITLE 20 -- EDUCATION
(a) Application required; approval
Any institution which is eligible for assistance under this
subchapter shall submit to the Secretary an application for assistance
at such time, in such form, and containing such information, as may be
necessary to enable the Secretary to evaluate its need for assistance.
Subject to the availability of appropriations to carry out this
subchapter, the Secretary may approve an application for a grant under
this subchapter if the application meets the requirements of subsection
(b) of this section and shows that the applicant is eligible for
assistance in accordance with the part of this subchapter under which
the assistance is sought.
(b) Contents
An institution, in its application for a grant, shall --
(1) set forth, or describe how the institution (other than an
institution applying under part C of this subchapter) will develop, a
comprehensive development plan to strengthen the institution's academic
quality and institutional management, and otherwise provide for
institutional self-sufficiency and growth (including measurable
objectives for the institution and the Secretary to use in monitoring
the effectiveness of activities under this subchapter);
(2) set forth policies and procedures to ensure that Federal funds
made available under this subchapter for any fiscal year will be used to
supplement and, to the extent practical, increase the funds that would
otherwise be made available for the purposes of section 1057(b) or 1062
of this title, and in no case supplant those funds;
(3) set forth policies and procedures for evaluating the
effectiveness in accomplishing the purpose of the activities for which a
grant is sought under this subchapter;
(4) provide for such fiscal control and fund accounting procedures as
may be necessary to ensure proper disbursement of and accounting for
funds made available to the applicant under this subchapter;
(5) provide (A) for making such reports, in such form and containing
such information, as the Secretary may require to carry out the
functions under this subchapter, including not less than one report
annually setting forth the institution's progress toward achieving the
objectives for which the funds were awarded, and (B) for keeping such
records and affording such access thereto, as the Secretary may find
necessary to assure the correctness and verification of such reports;
(6) provide that the institution will comply with the limitations set
forth in section 1069c of this title;
(7) describe in a comprehensive manner any proposed project for which
funds are sought under the application and include --
(A) a description of the various components of the proposed project,
including the estimated time required to complete each such component;
(B) in the case of any development project which consists of several
components (as described by the applicant pursuant to subparagraph (A)),
a statement identifying those components which, if separately funded,
would be sound investments of Federal funds and those components which
would be sound investments of Federal funds only if funded under this
subchapter in conjunction with other parts of the development project
(as specified by the applicant);
(C) an evaluation by the applicant of the priority given any proposed
project for which funds are sought in relation to any other projects for
which funds are sought by the applicant under this subchapter, and a
similar evaluation regarding priorities among the components of any
single proposed project (as described by the applicant pursuant to
subparagraph (A));
(D) a detailed budget showing the manner in which funds for any
proposed project would be spent by the applicant; and
(E) a detailed description of any activity which involves the
expenditure of more than $25,000, as identified in the budget referred
to in subparagraph (E); and
(8) include such other information as the Secretary may prescribe.
(c) Priority criteria publication required
The Secretary shall publish in the Federal Register, pursuant to
chapter 5 of title 5, all policies and procedures required to exercise
the authority set forth in subsection (a) of this section. No other
criteria, policies, or procedures shall apply.
(d) Eligibility data
The Secretary shall use the most recent and relevant data concerning
the number and percentage of students receiving need-based assistance
under subchapter IV of this chapter and part C of subchapter I of
chapter 34 of title 42 in making eligibility determinations under
section 1058 of this title and shall advance the base-year forward
following each annual grant cycle.
(Pub. L. 89-329, title III, 351, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1302; amended Pub. L. 100-50,
2(a)(13), June 3, 1987, 101 Stat. 336; Pub. L. 102-325, title III,
305(a), July 23, 1992, 106 Stat. 478.)
A prior section 1066, Pub. L. 89-329, title III, 341, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1396, related to
applications for assistance, prior to the general revision of this
subchapter by Pub. L. 99-498.
Another prior section 1066, Pub. L. 89-329, title IV, 406, Nov. 8,
1965, 79 Stat. 1234; Pub. L. 90-575, title I, 101(b)(2), Oct. 16,
1968, 82 Stat. 1017, related to allocation of allotted funds to
institutions, filing dates for application, criteria for making
allocations, additional allocations and payments, prior to the general
revision of part A of subchapter IV of this chapter by Pub. L. 92-318,
title I, 131(b)(1), June 23, 1972, 86 Stat. 247.
1992 -- Subsec. (b)(7)(D) to (F). Pub. L. 102-325 redesignated
subpars. (E) and (F) as (D) and (E), respectively, and struck out
former subpar. (D) which read as follows: ''information explaining the
manner in which the proposed project will assist the applicant to
prepare for the critical financial problems that all institutions of
higher education will face during the subsequent decade as a result of
declining enrollment, and other problems;''.
1987 -- Subsec. (b)(6). Pub. L. 100-50 substituted ''section 1069c
of this title'' for ''section 1069b of this title''.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
20 USC 1067. Waiver authority and reporting requirement
TITLE 20 -- EDUCATION
(a) Waiver requirements; need-based assistance students
The Secretary may waive the requirements set forth in section
1058(b)(1)(A) of this title in the case of an institution --
(1) which is extensively subsidized by the State in which it is
located and charges low or no tuition;
(2) which serves a substantial number of low-income students as a
percentage of its total student population;
(3) which is contributing substantially to increasing higher
education opportunities for educationally disadvantaged,
underrepresented, or minority students, who are low-income individuals;
(4) which is substantially increasing higher educational
opportunities for individuals in rural or other isolated areas which are
unserved by postsecondary institutions;
(5) located on or near an Indian reservation or a substantial
population of Indians, if the Secretary determines that the waiver will
substantially increase higher education opportunities appropriate to the
needs of American Indians; or
(6) wherever located, if the Secretary determines that the waiver
will substantially increase higher education opportunities appropriate
to the needs of Black Americans, Hispanic Americans, Native Americans,
Asian Americans, or Pacific Islanders, including Native Hawaiians.
(b) Waiver determinations; expenditures
(1) The Secretary may waive the requirements set forth in section
1058(b)(1)(B) of this title if the Secretary determines, based on
persuasive evidence submitted by the institution, that the institution's
failure to meet that criterion is due to factors which, when used in the
determination of compliance with such criterion, distort such
determination, and that the institution's designation as an eligible
institution under part A of this subchapter is otherwise consistent with
the purposes of such parts. /1/
(2) The Secretary shall submit to the Congress every other year a
report concerning the institutions which, although not satisfying the
criterion contained in section 1058(b)(1)(B) of this title, have been
determined to be eligible institutions under part A institutions which
enroll significant numbers of Black American, Hispanic, Native American,
Asian American, or Native Hawaiian students under part A of this
subchapter, as the case may be. Such report shall --
(A) identify the factors referred to in paragraph (1) which were
considered by the Secretary as factors that distorted the determination
of compliance with subparagraphs (A) and (B) of section 1058(b)(1) of
this title; and
(B) contain a list of each institution determined to be an eligible
institution under part A of this subchapter including a statement of the
reasons for each such determination.
(3) The Secretary may waive the requirement set forth in section
1058(b)(1)(E) /2/ of this title in the case of an institution located on
or near an Indian reservation or a substantial population of Indians, if
the Secretary determines that the waiver will substantially increase
higher education opportunities appropriate to the needs of American
Indians.
(Pub. L. 89-329, title III, 352, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1304; amended Pub. L. 100-50,
2(a)(14), (15), June 3, 1987, 101 Stat. 336; Pub. L. 102-325, title
III, 305(b), July 23, 1992, 106 Stat. 478.)
Section 1058(b)(1)(E) of this title, referred to in subsec. (b)(3),
was repealed and section 1058(b)(1)(F) was redesignated section
1058(b)(1)(E) by Pub. L. 102-325, title III, 302(a)(1)(B), (C), July
23, 1992, 106 Stat. 472.
A prior section 1067, Pub. L. 89-329, title III, 342, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1398, set waiver
authority and reporting requirements for this part, prior to the general
revision of this subchapter by Pub. L. 99-498.
Another prior section 1067, Pub. L. 89-329, title IV, 407, Nov. 8,
1965, 79 Stat. 1234; Pub. L. 90-575, title I, 101(b)(2), 103, 104,
Oct. 16, 1968, 82 Stat. 1017, 1018, related to agreements with
institutions, required provisions and use of funds as additional Federal
capital contribution for student loan fund, prior to the general
revision of part A of subchapter IV of this chapter by Pub. L. 92-318,
title I, 131(b)(1), June 23, 1972, 86 Stat. 247.
1992 -- Subsec. (a). Pub. L. 102-325 substituted ''Secretary may
waive'' for ''Secretary shall waive''.
1987 -- Subsec. (a)(2). Pub. L. 100-50, 2(a)(14), substituted
''low-income'' for ''low- and middle-income''.
Subsec. (b)(3). Pub. L. 100-50, 2(a)(15), added par. (3).
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
/1/ So in original. Probably should be ''part.''
/2/ See References in Text note below.
20 USC 1068. Application review process
TITLE 20 -- EDUCATION
(a) Review panel
(1) All applications submitted under this subchapter by institutions
of higher education shall be read by a panel of readers composed of
individuals selected by the Secretary. The Secretary shall assure that
no individual assigned under this section to review any application has
any conflict of interest with regard to the application which might
impair the impartiality with which the individual conducts the review
under this section.
(2) The Secretary shall take care to assure that representatives of
historically and predominantly Black colleges, Hispanic institutions,
Native American colleges and universities, and institutions with
substantial numbers of Hispanics, Native Americans, Asian Americans, and
Native American Pacific Islanders (including Native Hawaiians) are
included as readers.
(3) All readers selected by the Secretary shall receive thorough
instruction from the Secretary regarding the evaluation process for
applications submitted under this subchapter and consistent with the
provisions of this subchapter, including --
(A) explanations and examples of the types of activities referred to
in section 1057(b) of this title that should receive special
consideration for grants awarded under part A of this subchapter and of
the types of activities referred to in section 1062 of this title that
should receive special consideration for grants awarded under part B of
this subchapter;
(B) an enumeration of the factors to be used to determine the quality
of applications submitted under this subchapter; and
(C) an enumeration of the factors to be used to determine whether a
grant should be awarded for a project under this subchapter, the amount
of any such grant, and the duration of any such grant.
(b) Recommendations of panel
In awarding grants under this subchapter, the Secretary shall take
into consideration the recommendations of the panel made under
subsection (a) of this section.
(c) Notification
Not later than June 30 of each year, the Secretary shall notify each
institution of higher education making an application under this
subchapter of --
(1) the scores given the applicant by the panel pursuant to this
section;
(2) the recommendations of the panel with respect to such
application; and
(3) the reasons for the decision of the Secretary in awarding or
refusing to award a grant under this subchapter, and any modifications,
if any, in the recommendations of the panel made by the Secretary.
(Pub. L. 89-329, title III, 353, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1305.)
A prior section 1068, Pub. L. 89-329, title III, 343, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1398, related to
application review process and provided for reader panels,
recommendation of such panels, and notification to institutions, prior
to the general revision of this subchapter by Pub. L. 99-498.
Another prior section 1068, Pub. L. 89-329, title IV, 408, Nov. 8,
1965, 79 Stat. 1235; Pub. L. 90-575, title I, 105(a), Oct. 16, 1968,
82 Stat. 1018; Pub. L. 91-230, title VIII, 801, Apr. 13, 1970, 84
Stat. 190; Pub. L. 92-318, title I, 131(a)(1)(B), June 23, 1972, 86
Stat. 247, related to programs for identifying qualified low-income
students and preparing them for post secondary education, grants or
contracts for planning, developing or carrying out programs, ''Talent
Search'' program, ''Upward Bound'' program, ''Special Services for
Disadvantaged Students'' program, nature of programs, waiver of matching
requirement in the ''Upward Bound'' program and authorization of
appropriations, prior to the general revision of part A of subchapter IV
of this chapter by Pub. L. 92-318, title I, 131(b)(1), June 23, 1972,
86 Stat. 247.
20 USC 1069. Cooperative arrangements
TITLE 20 -- EDUCATION
(a) General authority
The Secretary may make grants to encourage cooperative arrangements
--
(1) with funds available to carry out part A of this subchapter,
between institutions eligible for assistance under part A of this
subchapter and between such institutions and institutions not receiving
assistance under this subchapter; or
(2) with funds available to carry out part B of this subchapter,
between institutions eligible for assistance under part B of this
subchapter and institutions not receiving assistance under this
subchapter;
for the activities described in section 1057(b) of this title or
section 1062 of this title, as the case may be, so that the resources of
the cooperating institutions might be combined and shared to achieve the
purposes of such parts and avoid costly duplicative efforts and to
enhance the development of part A and part B eligible institutions.
(b) Priority
The Secretary shall give priority to grants for the purposes
described under subsection (a) of this section whenever the Secretary
determines that the cooperative arrangement is geographically and
economically sound or will benefit the applicant institution.
(c) Duration
Grants to institutions having a cooperative arrangement may be made
under this section for a period as determined under section 1059 of this
title or section 1062 of this title.
(Pub. L. 89-329, title III, 354, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1305.)
A prior section 1069, Pub. L. 89-329, title III, 344, as added Pub.
L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1399, provided for
a program of grants to encourage cooperative arrangements between
institutions, prior to the general revision of this subchapter by Pub.
L. 99-498.
Another prior section 1069, Pub. L. 89-329, title IV, 409, Nov. 8,
1965, 79 Stat. 1236, related to definition of academic year, prior to
the general revision of part A of subchapter IV of this chapter by Pub.
L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 247.
20 USC 1069a. Repealed. Pub. L. 102-325, title III, 305(c), July 23,
1992, 106 Stat. 478
TITLE 20 -- EDUCATION
Section, Pub. L. 89-329, title III, 355, as added Pub. L. 99-498,
title III, 301(a), Oct. 17, 1986, 100 Stat. 1306; amended Pub. L.
100-50, 2(a)(16), (17), June 3, 1987, 101 Stat. 336, related to
special payments rules.
A prior section 1069a, Pub. L. 89-329, title III, 345, as added
Pub. L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1399, related
to assistance to institutions under other programs, prior to the general
revision of this subchapter by Pub. L. 99-498. See section 1069b of
this title.
Repeal effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section 1001
of this title.
20 USC 1069b. Assistance to institutions under other programs
TITLE 20 -- EDUCATION
(a) Assistance eligibility
Each institution which the Secretary determines to be an institution
eligible under part A of this subchapter or an institution eligible
under part B of this subchapter may be eligible for waivers in
accordance with subsection (b) of this section.
(b) Waiver applicability
(1) Subject to, and in accordance with, regulations promulgated for
the purpose of this section, in the case of any application by an
institution referred to in subsection (a) of this section for assistance
under any programs specified in paragraph (2), the Secretary is
authorized, if such application is otherwise approvable, to waive any
requirement for a non-Federal share of the cost of the program or
project, or, to the extent not inconsistent with other law, to give, or
require to be given, priority consideration of the application in
relation to applications from other institutions.
(2) The provisions of this section shall apply to any program
authorized by subchapter II, IV, VII, or VIII of this chapter or part C
of subchapter I of chapter 34 of title 42.
(c) Limitation
The Secretary shall not waive, under subsection (b) of this section,
the non-Federal share requirement for any program for applications
which, if approved, would require the expenditure of more than 10
percent of the appropriations for the program for any fiscal year.
(Pub. L. 89-329, title III, 356, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1306; amended Pub. L. 102-325, title
III, 305(d), July 23, 1992, 106 Stat. 478.)
A prior section 1069b, Pub. L. 89-329, title III, 346, as added
Pub. L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1400, limited
activities for which funds appropriated to carry out this subchapter
could be expended, prior to the general revision of this subchapter by
Pub. L. 99-498. See section 1069c of this title.
1992 -- Subsec. (a). Pub. L. 102-325 substituted ''may be eligible''
for ''shall be eligible''.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC 1069c. Limitations
TITLE 20 -- EDUCATION
The funds appropriated under section 1069f of this title may not be
used --
(1) for a school or department of divinity or any religious worship
or sectarian activity;
(2) for an activity that is inconsistent with a State plan for
desegregation of higher education applicable to such institution;
(3) for an activity that is inconsistent with a State plan of higher
education applicable to such institution; or
(4) for purposes other than the purposes set forth in the approved
application under which the funds were made available to the
institution.
(Pub. L. 89-329, title III, 357, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1307.)
A prior section 1069c, Pub. L. 89-329, title III, 347, as added
Pub. L. 96-374, title III, 301, Oct. 3, 1980, 94 Stat. 1400, and
Pub. L. 98-95, 3, Sept. 26, 1983, 97 Stat. 711; Pub. L. 98-312, 1,
June 12, 1984, 98 Stat. 233, authorized appropriations to carry out
parts A to C of this subchapter, prior to the general revision of this
subchapter by Pub. L. 99-498. See section 1069f of this title.
20 USC 1069d. Penalties
TITLE 20 -- EDUCATION
Whoever, being an officer, director, agent, or employee of, or
connected in any capacity with, any recipient of Federal financial
assistance or grant pursuant to this subchapter embezzles, willfully
misapplies, steals, or obtains by fraud any of the funds which are the
subject of such grant or assistance, shall be fined not more than
$10,000 or imprisoned for not more than 2 years, or both.
(Pub. L. 89-329, title III, 358, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1307.)
20 USC 1069e. Repealed. Pub. L. 102-325, title III, 305(c), July 23,
1992, 106 Stat. 478
TITLE 20 -- EDUCATION
Section, Pub. L. 89-329, title III, 359, as added Pub. L. 99-498,
title III, 301(a), Oct. 17, 1986, 100 Stat. 1307, required
application for challenge grant.
Repeal effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section 1001
of this title.
20 USC 1069f. Authorization of appropriations
TITLE 20 -- EDUCATION
(a) Authorizations
(1) Part A
(A) There are authorized to be appropriated to carry out part A of
this subchapter, $135,000,000 (other than section 1059c of this title)
for fiscal year 1993, and such sums as may be necessary for each of the
4 succeeding fiscal years.
(B)(i) There are authorized to be appropriated to carry out section
1059c of this title, $45,000,000 for fiscal year 1993 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
(ii) No funds are authorized to be appropriated pursuant to clause
(i) for any fiscal year unless the amount appropriated pursuant to
paragraph (1)(A) for such fiscal year equals or exceeds $80,000,000.
(2) Part B
(A) There are authorized to be appropriated to carry out part B of
this subchapter (other than section 1063b of this title), $135,000,000
for fiscal year 1993, and such sums as may be necessary for each of the
4 succeeding fiscal years.
(B) There are authorized to be appropriated to carry out section
1063b of this title, $20,000,000 for fiscal year 1993, and such sums as
may be necessary for each of the 4 succeeding fiscal years.
(3) Part C
There are authorized to be appropriated to carry out part C of this
subchapter, $50,000,000 for fiscal year 1993, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
(b) Use of multiple year awards
In the event of a multiple year award to any institution under this
subchapter, the Secretary shall make funds available for such award from
funds appropriated for this subchapter for the fiscal year in which such
funds are to be used by the recipient.
(c) Reservations
If the amount appropriated under subsection (a)(1) of this section
for part A of this subchapter for any fiscal year beginning after
September 30, 1986, equals or exceeds the amount appropriated for such
part for fiscal year 1986, the Secretary shall, for such fiscal year --
(1) allocate 25 percent of the excess (above the amount appropriated
for part A of this subchapter for fiscal year 1986) among eligible
institutions at which at least 60 percent of the students are African
Americans, Hispanic Americans, Native Americans, Asian Americans, Native
Hawaiians, or Pacific Islanders, or any combination thereof; and
(2) allocate 75 percent of such excess among other eligible
institutions.
(d) Ratable reduction in fiscal years in which amounts appropriated
are insufficient
In any fiscal year in which the sums appropriated for part A of this
subchapter are insufficient to make the reservations required by
subsection (c) of this section, the Secretary shall ratably reduce the
amount of the reservation.
(e) Additional reservation
In any fiscal year beginning after September 30, 1992, the Secretary
shall award at least 25 percent of the amount appropriated pursuant to
the authority of paragraph (3) of subsection (a) of this section in each
fiscal year to historically black colleges and universities that meet
the requirements of part C of this subchapter, unless there are an
insufficient number of quality applications or an insufficient number of
applications due to the provisions in subsection (b)(2)(C) or subsection
(b)(4)(B) of section 1065 of this title.
(Pub. L. 89-329, title III, 360, as added Pub. L. 99-498, title III,
301(a), Oct. 17, 1986, 100 Stat. 1307; amended Pub. L. 102-325, title
III, 305(e)-(g), July 23, 1992, 106 Stat. 479.)
1992 -- Subsec. (a). Pub. L. 102-325, 305(e), amended subsec. (a)
generally, substituting present provisions for provisions authorizing
appropriations for fiscal year 1987 and the four succeeding fiscal
years.
Subsec. (c). Pub. L. 102-325, 305(f), substituted ''1986, the
Secretary shall, for such fiscal year -- '' for ''1986 -- '' in
introductory provisions, added pars. (1) and (2), and struck out former
pars. (1) and (2) which read as follows:
''(1) the Secretary shall, for such fiscal year, make available for
use for the purposes of part A of this subchapter to institutions that
are junior or community colleges not less than $51,400,000; and
''(2) the Secretary shall, for such fiscal year --
''(A) allocate 25 percent of the excess (above the amount
appropriated for part A of this subchapter for fiscal year 1986) among
eligible institutions with the highest percentages of students who are
Black Americans, Hispanic Americans, Native Americans, Asian Americans,
Native Hawaiians, or Pacific Islanders, or any combination thereof; and
''(B) allocate 75 percent of such excess among other eligible
institutions.''
Subsec. (e). Pub. L. 102-325, 305(g), added subsec. (e).
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
20 USC SUBCHAPTER IV -- STUDENT ASSISTANCE
TITLE 20 -- EDUCATION
sections 1151, 1598, 2410c; title 15 section 1603;
title 25 section 3353; title 38 section 3698; title
42 sections 7274e, 12641; title 50 App. section 462.
20 USC Part A -- Grants to Students in Attendance at Institutions of
Higher Education
TITLE 20 -- EDUCATION
Part A of title IV of the Higher Education Act of 1965, comprising
this part, was originally enacted by Pub. L. 89-329, title IV, Nov. 8,
1965, 79 Stat. 1232, and amended by Pub. L. 92-318, June 23, 1972, 86
Stat. 235; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L.
94-328, June 30, 1976, 90 Stat. 727; Pub. L. 94-482, Oct. 12, 1976,
90 Stat. 2081; Pub. L. 95-43, June 15, 1977, 91 Stat. 213; Pub. L.
95-336, Aug. 4, 1978, 92 Stat. 451; Pub. L. 95-566, Nov. 1, 1978, 92
Stat. 2402; Pub. L. 96-49, Aug. 13, 1979, 93 Stat. 351; Pub. L.
96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97-300, Oct. 13, 1982,
96 Stat. 1322; Pub. L. 97-301, Oct. 13, 1982, 96 Stat. 1400; Pub.
L. 98-558, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99-145, Nov. 8,
1985, 99 Stat. 583. Such part is shown herein, however, as having been
added by Pub. L. 99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat.
1308, without reference to such intervening amendments because of the
extensive revision of part A by Pub. L. 99-498.
20 USC 1070. Statement of purpose; program authorization
TITLE 20 -- EDUCATION
(a) Purpose
It is the purpose of this part, to assist in making available the
benefits of postsecondary education to eligible students (defined in
accordance with section 1091 of this title) in institutions of higher
education by --
(1) providing basic educational opportunity grants to all eligible
students;
(2) providing supplemental educational opportunity grants to those
students who demonstrate financial need;
(3) providing for payments to the States to assist them in making
financial aid available to such students;
(4) providing for special programs and projects designed (A) to
identify and encourage qualified youths with financial or cultural need
with a potential for postsecondary education, (B) to prepare students
from low-income families for postsecondary education, and (C) to provide
remedial (including remedial language study) and other services to
students; and
(5) providing assistance to institutions of higher education.
(b) Secretary required to carry out purposes
The Secretary shall, in accordance with subparts 1 through 8 of this
part, carry out programs to achieve the purposes of this part.
(Pub. L. 89-329, title IV, 400, formerly 401, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1308; renumbered
400, Pub. L. 102-325, title IV, 402(a)(3), July 23, 1992, 106 Stat.
482.)
A prior section 1070, Pub. L. 89-329, title IV, 401, as added and
amended Pub. L. 92-318, title I, 131(b)(1), title X, 1001(c)(1), (2),
June 23, 1972, 86 Stat. 247, 381; Pub. L. 94-482, title I, 125, Oct.
12, 1976, 90 Stat. 2096; Pub. L. 96-374, title IV, 401, title XIII,
1391(a)(1), Oct. 3, 1980, 94 Stat. 1401, 1503, stated purpose of
program of grants to students in attendance at institutions of higher
education, prior to the general revision of this part by Pub. L.
99-498.
Section 1405 of Pub. L. 102-325 provided that:
''(a) In General. -- The Secretary of Education shall conduct a study
to evaluate the coordination of Federal student financial assistance
programs under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.; 42 U.S.C. 2751 et seq.) with other programs funded in
whole or in part with Federal funds, giving particular attention to --
''(1) the effect of receipt of program assistance under title IV of
the Higher Education Act of 1965 on students eligible for other programs
funded in whole or in part with Federal funds, including reduction or
denial of such other program funds; and
''(2) the attendance cost elements funded in whole or in part by
programs under title IV of the Higher Education Act of 1965 for students
eligible for other Federal programs and the inclusion of room or board
costs in such attendance costs.
''(b) Report. -- The Secretary of Education shall prepare and submit
to the appropriate committees of the Congress a report on the study
conducted pursuant to subsection (a) not later than 3 years after the
date of enactment of this Act (July 23, 1992), together with such
recommendations as the Secretary of Education deems appropriate.''
Section 1543 of Pub. L. 102-325 provided that:
''(a) Scholarships Authorized. --
''(1) In general. -- The Secretary of Education is authorized to
provide financial assistance to the United States Olympic Education
Center or the United States Olympic Training Center to enable such
centers to provide financial assistance to athletes who are training at
such centers and are pursuing postsecondary education at institutions of
higher education (as such term is defined in section 481(a) of the
Higher Education Act of 1965 (20 U.S.C. 1088(a))).
''(2) Award determination. -- The amount of financial assistance
provided to athletes described in paragraph (1) shall be determined in
accordance with such athlete's financial need as determined in
accordance with part F of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087kk et seq.).
''(b) Eligibility. -- The Secretary of Education shall ensure that
financial assistance provided under this part (part E ( 1543) of Pub.
L. 102-325) is available to both full-time and part-time students who
are athletes at centers described in subsection (a).
''(c) Application. -- Each center desiring financial assistance under
this section shall submit an application to the Secretary of Education
at such time, in such manner and accompanied by such information as the
Secretary may reasonably require.
''(d) Authorization of Appropriations. -- There are authorized to be
appropriated $5,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the 4 succeeding fiscal years to carry out this
section.''
Pub. L. 102-26, 4-6, Apr. 9, 1991, 105 Stat. 125-127, provided
that:
''SEC. 4. OPERATION DESERT SHIELD/DESERT STORM WAIVER AUTHORITY.
''(a) Purpose. -- It is the purpose of this section to ensure that --
''(1) the men and women serving on active duty in connection with
Operation Desert Shield or Operation Desert Storm who are borrowers of
Stafford Loans or Perkins Loans are not placed in a worse position
financially in relation to those loans because of such service;
''(2) the administrative requirements placed on all borrowers of
student loans made in accordance with title IV of the Act (20 U.S.C.
1070 et seq.; 42 U.S.C. 2751 et seq.) who are engaged in such military
service are minimized to the extent possible without impairing the
integrity of the student loan programs, in order to ease the burden on
such borrowers, and to avoid inadvertent, technical defaults; and
''(3) the future eligibility of such an individual for Pell Grants is
not reduced by the amount of such assistance awarded for a period of
instruction that such individual was unable to complete, or for which
the individual did not receive academic credit, because he or she was
called up for such service.
''(b) Waiver Requirement. -- Notwithstanding any other provision of
law, unless enacted with specific reference to this section, the
Secretary of Education shall waive or modify any statutory or regulatory
provision applicable to the student financial aid programs under title
IV of the Act that the Secretary deems necessary to achieve the purposes
stated in subsection (a), including --
''(1) the length of, and eligibility requirements for, the military
deferments authorized under sections 427(a)(2)(C)(ii), 428(b)(1)(M)(ii),
and 464(c)(2)(A)(ii) of the Act (20 U.S.C. 1077(a)(2)(C)(ii),
1078(b)(1)(M)(ii), 1087dd(c)(2)(A)(ii)), in order to enable the borrower
of a Stafford Loan or a Perkins Loan who is or was serving on active
duty in connection with Operation Desert Shield or Operation Desert
Storm to obtain a military deferment, under which interest shall accrue
and shall, if otherwise payable by the Secretary, be paid by the
Secretary of Education, for the duration of such service;
''(2) administrative requirements placed on all borrowers of student
loans made in accordance with title IV of the Act who are or were
engaged in such military service;
''(3) the number of years for which individuals who are engaged in
such military service may be eligible for Pell Grants under subpart 1 of
part A of title IV of the Act (20 U.S.C. 1070a et seq.);
''(4) the point at which the borrower of a Stafford Loan who is or
was engaged in such military service is required to resume repayment of
principal and interest on such loan after the borrower completes a
period of deferment under section 427(a)(2)(C)(ii) or 428(b)(1)(M)(ii)
of the Act;
''(5) the point at which the borrower of a Stafford Loan who is or
was engaged in such military service is required to resume repayment of
principal and interest on such loan after the borrower completes a
single period of deferment under section 427(a)(2)(C)(i) or
428(b)(1)(M)(i) of the Act subsequent to such service; and
''(6) the modification of the terms 'annual adjusted family income'
and 'available income,' as used in the determination of need for student
financial assistance under title IV of the Act for such individual (and
the determination of such need for his or her spouse and dependents, if
applicable), to mean the sums received in the first calendar year of the
award year for which such determination is made, in order to reflect
more accurately the financial condition of such individual and his or
her family.
''(c) Notice of Waiver. -- Notwithstanding section 431 of the General
Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5,
United States Code, the Secretary shall, by notice in the Federal
Register, publish the waivers or modifications of statutory and
regulatory provisions the Secretary deems necessary to achieve the
purposes of this section. Such notice shall include the terms and
conditions to be applied in lieu of such statutory and regulatory
provisions. The Secretary is not required to exercise the waiver or
modification authority under this section on a case-by-case basis.
''(d) Definitions. -- For purposes of this Act (probably should be
''section'') --
''(1) Individuals 'serving on active duty in connection with
Operation Desert Shield or Operation Desert Storm' shall include --
''(A) any Reserve of an Armed Force called to active duty under
section 672(a), 672(g), 673, 673b, 674, or 688 of title 10, United
States Code, for service in connection with Operation Desert Shield or
Operation Desert Storm, regardless of the location at which such active
duty service is performed; and
''(B) for purposes of waivers of administrative requirements under
subsection (b)(2) only, any other member of an Armed Force on active
duty in connection with Operation Desert Shield or Operation Desert
Storm, who has been assigned to a duty station at a location other than
the location at which such member is normally assigned.
''(2) The term 'active duty' has the meaning given such term in
section 101(22) of title 10, United States Code, except that such term
does not include active duty for training or attendance at a service
school.
''SEC. 5. TUITION REFUNDS OR CREDITS.
''(a) Sense of Congress. -- It is the sense of the Congress that all
institutions offering postsecondary education should provide a full
refund to any member or Reserve of an Armed Force on active duty service
in connection with Operation Desert Shield or Operation Desert Storm for
that portion of a period of instruction such individual was unable to
complete, or for which such individual did not receive academic credit,
because he or she was called up for such service. For purposes of this
section, a full refund includes a refund of required tuition and fees,
or a credit in a comparable amount against future tuition and fees.
''(b) Encouragement and Report. -- The Secretary of Education shall
encourage institutions to provide such refunds or credits, and shall
report to the appropriate committees of Congress on the actions taken in
accordance with this subsection as well as information he receives
regarding any institutions that are not providing such refunds or
credits.
''SEC. 6. TERMINATION OF AUTHORITY.
''The provisions of sections 4 and 5 shall cease to be effective on
September 30, 1997.''
Pub. L. 102-25, title III, part E ( 371-376), Apr. 6, 1991, 105
Stat. 93, provided that:
''SEC. 371. SHORT TITLE
''This part may be cited as the 'Persian Gulf Conflict Higher
Education Assistance Act'.
''SEC. 372. (Superseded by section 4 of Pub. L. 102-26, set out
above.)
''SEC. 373. (Superseded by section 5 of Pub. L. 102-26, set out
above.)
''SEC. 374. (Amended section 294d of Title 42, The Public Health and
Welfare.)
''SEC. 375. (Superseded by section 6 of Pub. L. 102-26, set out
above.)
''SEC. 376. COORDINATION WITH OTHER LAW
''If the Higher Education Technical Amendments of 1991 (Pub. L.
102-26, see Short Title of 1991 Amendment note set out under section
1001 of this title) is enacted, the provisions of sections 4, 5, and 6
of that Act shall supersede sections 372, 373, and 375.''
20 USC subpart 1 -- basic educational opportunity grants
TITLE 20 -- EDUCATION
1809; title 42 sections 12641, 12653g.
20 USC 1070a. Basic educational opportunity grants: amount and
determinations; applications
TITLE 20 -- EDUCATION
(a) Program authority and method of distribution
(1) The Secretary shall, during the period beginning July 1, 1972,
and ending September 30, 1998, pay to each eligible institution such
sums as may be necessary to pay to each eligible student (defined in
accordance with section 1091 of this title) for each academic year
during which that student is in attendance at an institution of higher
education, as an undergraduate, a basic grant in the amount for which
that student is eligible, as determined pursuant to subsection (b) of
this section. Not less than 85 percent of such sums shall be advanced
to eligible institutions prior to the start of each payment period and
shall be based upon an amount requested by the institution as needed to
pay eligible students.
(2) Nothing in this section shall be interpreted to prohibit the
Secretary from paying directly to students, in advance of the beginning
of the academic term, an amount for which they are eligible, in cases
where the eligible institution elects not to participate in the
disbursement system required by paragraph (1).
(3) Basic grants made under this subpart shall be known as ''Federal
Pell Grants''.
(b) Purpose and amount of grants
(1) The purpose of this subpart is to provide a basic grant that in
combination with reasonable family and student contribution and
supplemented by the programs authorized under subparts 3 and 4 of this
part, will meet at least 75 percent of a student's cost of attendance
(as defined in section 1087ll of this title), unless the institution
determines that a greater amount of assistance would better serve the
purposes of section 1070 /1/ of this title.
(2)(A) The amount of the basic grant for a student eligible under
this part shall be --
(i) $3,700 for academic year 1993-1994,
(ii) $3,900 for academic year 1994-1995,
(iii) $4,100 for academic year 1995-1996,
(iv) $4,300 for academic year 1996-1997, and
(v) $4,500 for academic year 1997-1998,
less an amount equal to the amount determined to be the expected
family contribution with respect to that student for that year.
(B) In any case where a student attends an institution of higher
education on less than a full-time basis (including a student who
attends an institution of higher education on less than a half-time
basis) during any academic year, the amount of the basic grant to which
that student is entitled shall be reduced in proportion to the degree to
which that student is not so attending on a full-time basis, in
accordance with a schedule of reductions established by the Secretary
for the purposes of this division, computed in accordance with this
subpart. Such schedule of reductions shall be established by regulation
and published in the Federal Register in accordance with section 1089 of
this title.
(3)(A) For any academic year for which an appropriation Act provides
a maximum basic grant in an amount in excess of $2,400, the amount of a
student's basic grant shall equal $2,400 plus --
(i) one-half of the amount by which such maximum basic grant exceeds
$2,400; plus
(ii) the lesser of --
(I) the remaining one-half of such excess; or
(II) the sum of the student's tuition and the student's allowance
determined under subparagraph (B), if applicable.
(B) For purposes of subparagraph (A)(ii)(II), a student's allowance
is $750 if the student has dependent care expenses (as defined in
section 1087ll(8) of this title) or disability related expenses (as
defined in section 1087ll(9) of this title).
(4) No basic grant under this subpart shall exceed the difference
between the expected family contribution for a student and the cost of
attendance (as defined in section 1087ll of this title) at the
institution at which that student is in attendance. If, with respect to
any student, it is determined that the amount of a basic grant plus the
amount of the expected family contribution for that student exceeds the
cost of attendance for that year, the amount of the basic grant shall be
reduced until the combination of expected family contribution and the
amount of the basic grant does not exceed the cost of attendance at such
institution.
(5) No basic grant shall be awarded to a student under this subpart
if the amount of that grant for that student as determined under this
subsection for any academic year is less than $400, except that a
student who is eligible for a basic grant that is equal to or greater
than $200 but less than $400 shall be awarded a basic grant of $400.
(6) The Secretary may allow, on a case-by-case basis, a student to
receive 2 Pell grants during a single 12-month period, if --
(A) the student is enrolled full-time in a baccalaureate degree
program of study that is 2 years or longer at an eligible institution
that is computed in credit hours; and
(B) the student completes course work toward completion of a
bachelor's degree that exceeds the requirements for a full academic year
as defined by the institution.
(7) Notwithstanding any other provision of this subpart, the
Secretary shall allow the amount of the basic grant to be exceeded for
students participating in a program of study abroad approved for credit
by the institution at which the student is enrolled when the reasonable
costs of such program are greater than the cost of attendance at the
student's home institution, except that the amount of such basic grant
in any fiscal year shall not exceed the grant level specified in the
appropriate Appropriation Act for this subpart for such year. If the
preceding sentence applies, the financial aid administrator at the home
institution may use the cost of the study abroad program, rather than
the home institution's cost, to determine the cost of attendance of the
student.
(8)(A) No basic grant shall be awarded to an incarcerated student
under this subpart that exceeds the sum of the amount of tuition and
fees normally assessed by the institution of higher education for the
course of study such student is pursuing plus an allowance (determined
in accordance with regulations issued by the Secretary) for books and
supplies associated with such course of study, except that no basic
grant shall be awarded to any incarcerated student serving under
sentence of death or any life sentence without eligibility for parole or
release.
(B) Basic grants under this subpart shall only be awarded to
incarcerated individuals in a State if such grants are used to
supplement and not supplant the level of postsecondary education
assistance provided by such State to incarcerated individuals in fiscal
year 1988.
(c) Period of eligibility for grants
(1) The period during which a student may receive basic grants shall
be the period required for the completion of the first undergraduate
baccalaureate course of study being pursued by that student at the
institution at which the student is in attendance except that any period
during which the student is enrolled in a noncredit or remedial course
of study as defined in paragraph (2) shall not be counted for the
purpose of this paragraph.
(2) Nothing in this section shall exclude from eligibility courses of
study which are noncredit or remedial in nature (including courses in
English language instruction) which are determined by the institution to
be necessary to help the student be prepared for the pursuit of a first
undergraduate baccalaureate degree or certificate or, in the case of
courses in English language instruction, to be necessary to enable the
student to utilize already existing knowledge, training, or skills.
Nothing in this section shall exclude from eligibility programs of study
abroad that are approved for credit by the home institution at which the
student is enrolled.
(3) No student is entitled to receive Pell Grant payments
concurrently from more than one institution or from the Secretary and an
institution.
(d) Applications for grants
(1) The Secretary shall from time to time set dates by which students
shall file applications for basic grants under this subpart.
(2) Each student desiring a basic grant for any year shall file an
application therefor containing such information and assurances as the
Secretary may deem necessary to enable the Secretary to carry out the
functions and responsibilities of this subpart.
(e) Distribution of grants to students
Payments under this section shall be made in accordance with
regulations promulgated by the Secretary for such purpose, in such
manner as will best accomplish the purpose of this section. Any
disbursement allowed to be made by crediting the student's account shall
be limited to tuition and fees and, in the case of institutionally owned
housing, room and board. The student may elect to have the institution
provide other such goods and services by crediting the student's
account.
(f) Calculation of eligibility
(1) Each contractor processing applications for awards under this
subpart (including a central processor, if any, designated by the
Secretary) shall, in a timely manner, furnish to the student financial
aid administrator (at each institution of higher education which a
student awarded a basic grant under this subpart is attending), as a
part of its regular output document, the expected family contribution
for each such student. Each such student financial aid administrator
shall --
(A) examine and assess the data used to calculate the expected family
contribution of the student furnished pursuant to this subsection;
(B) recalculate the expected family contribution of the student if
there has been a change in circumstances of the student or in the data
submitted;
(C) make the award to the student in the correct amount; and
(D) after making such award report the corrected data to such
contractor and to a central processor (if any) designated by the
Secretary for a confirmation of the correct computation of amount of the
expected family contribution for each such student.
(2) Whenever a student receives an award under this subpart that, due
to recalculation errors by the institution of higher education, is in
excess of the amount which the student is entitled to receive under this
subpart, such institution of higher education shall pay to the Secretary
the amount of such excess unless such excess can be resolved in a
subsequent disbursement to the institution.
(3) Each contractor processing applications for awards under this
subpart shall for each academic year after academic year 1986-1987
prepare and submit a report to the Secretary on the correctness of the
computations of amount of the expected family contribution, and on the
accuracy of the questions on the application form under this subpart for
the previous academic year for which the contractor is responsible. The
Secretary shall transmit the report, together with the comments and
recommendations of the Secretary, to the Committee on Appropriations and
the Committee on Labor and Human Resources of the Senate and the
Committee on Appropriations and the Committee on Education and Labor of
the House of Representatives.
(g) Insufficient appropriations
If, for any fiscal year, the funds appropriated for payments under
this subpart are insufficient to satisfy fully all entitlements, as
calculated under subsection (b) of this section (but at the maximum
grant level specified in such appropriation), the Secretary shall
promptly transmit a notice of such insufficiency to each House of the
Congress, and identify in such notice the additional amount that would
be required to be appropriated to satisfy fully all entitlements (as so
calculated at such maximum grant level).
(h) Use of excess funds
(1) If, at the end of a fiscal year, the funds available for making
payments under this subpart exceed the amount necessary to make the
payments required under this subpart to eligible students by 15 percent
or less, then all of the excess funds shall remain available for making
payments under this subpart during the next succeeding fiscal year.
(2) If, at the end of a fiscal year, the funds available for making
payments under this subpart exceed the amount necessary to make the
payments required under this subpart to eligible students by more than
15 percent, then all of such funds shall remain available for making
such payments but payments may be made under this paragraph only with
respect to entitlements for that fiscal year.
(i) Treatment of institutions and students under other laws
Any institution of higher education which enters into an agreement
with the Secretary to disburse to students attending that institution
the amounts those students are eligible to receive under this subpart
shall not be deemed, by virtue of such agreement, a contractor
maintaining a system of records to accomplish a function of the
Secretary. Recipients of Pell Grants shall not be considered to be
individual grantees for purposes of part D of title V of Public Law
100-690 (41 U.S.C. 701 et seq.).
(Pub. L. 89-329, title IV, 401, formerly 411, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1309; amended Pub.
L. 100-50, 3(a), June 3, 1987, 101 Stat. 337; renumbered 401 and
amended Pub. L. 102-325, title IV, 401(a)-(h), 402(a)(3), July 23,
1992, 106 Stat. 479-482.)
Section 1070 of this title, referred to in subsec. (b)(1), was in
the original a reference to section 401, meaning section 401 of the
Higher Education Act of 1965, Pub. L. 89-329. Sections 401 and 411 of
that Act were renumbered as sections 400 and 401, respectively, by Pub.
L. 102-325, title IV, 402(a)(3), July 23, 1992, 106 Stat. 482, and are
classified to sections 1070 and 1070a of this title, respectively.
Part D of title V of Public Law 100-690, referred to in subsec. (i),
probably means subtitle D ( 5151-5160) of title V of Pub. L. 100-690,
Nov. 18, 1988, 102 Stat. 4304, commonly known as the Drug-Free
Workplace Act of 1988, which is classified generally to chapter 10 ( 701
et seq.) of Title 41, Public Contracts. For complete classification of
this Act to the Code, see Short Title note set out under section 701 of
Title 41 and Tables.
A prior section 1070a, Pub. L. 89-329, title IV, 411, as added Pub.
L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 248; amended
Pub. L. 94-328, 2(f), June 30, 1976, 90 Stat. 727; Pub. L. 94-482,
title I, 121(a), (b)(1), (c)-(i), Oct. 12, 1976, 90 Stat. 2091-2093;
Pub. L. 95-43, 1(a)(5), June 15, 1977, 91 Stat. 213; Pub. L. 95-566,
2, Nov. 1, 1978, 92 Stat. 2402; Pub. L. 96-49, 5(a)(1), (2)(A), Aug.
13, 1979, 93 Stat. 351; Pub. L. 96-374, title IV, 402, title XIII,
1391(a)(1), Oct. 3, 1980, 94 Stat. 1401, 1503; Pub. L. 97-301, 8(a),
Oct. 13, 1982, 96 Stat. 1402, related to basic educational opportunity
grants, amount and determinations, and applications, prior to the
general revision of this part by Pub. L. 99-498.
A prior section 401 of Pub. L. 89-329 was renumbered section 400 by
section 402(a)(3) of Pub. L. 102-325 and is classified to section 1070
of this title.
Another prior section 401 of Pub. L. 89-329, title IV, as added and
amended Pub. L. 92-318, title I, 131(b)(1), title X, 1001(c)(1), (2),
June 23, 1972, 86 Stat. 247, 381; Pub. L. 94-482, title I, 125, Oct.
12, 1976, 90 Stat. 2096; Pub. L. 96-374, title IV, 401, title XIII,
1391(a)(1), Oct. 3, 1980, 94 Stat. 1401, 1503, which stated purpose of
program of grants to students in attendance at institutions of higher
education, was classified to section 1070 of this title, prior to the
general revision of this part by Pub. L. 99-498.
1992 -- Subsec. (a)(1). Pub. L. 102-325, 401(a), substituted
''September 30, 1998'' for ''September 30, 1992'' and ''subsection (b)
of this section'' for ''paragraph (2)''.
Subsec. (a)(3). Pub. L. 102-325, 401(b), substituted ''Federal Pell
Grants'' for ''Pell Grants''.
Subsec. (b)(1). Pub. L. 102-325, 401(c), struck out ''(A) as
determined under paragraph (2), will meet 60 percent of a student's cost
of attendance (as defined in section 1070a-6 of this title); and (B)''
after ''basic grant that'' and substituted ''family and student'' for
''parental or independent student'', ''subparts 3 and 4'' for ''subparts
2 and 3'', and ''will meet at least 75 percent'' for ''will meet 75
percent''.
Subsec. (b)(2)(A)(i) to (v). Pub. L. 102-325, 401(d)(1), added cls.
(i) to (v) and struck out former cls. (i) to (v) which read as
follows:
''(i) $2,300 for academic year 1987-1988,
''(ii) $2,500 for academic year 1988-1989,
''(iii) $2,700 for academic year 1989-1990,
''(iv) $2,900 for academic year 1990-1991, and
''(v) $3,100 for academic year 1991-1992,''.
Subsec. (b)(2)(B). Pub. L. 102-325, 401(d)(2)(A), which directed the
insertion of ''(including a student who attends an institution of higher
education on less than a half-time basis)'' in first sentence after
''full-time basis'', was executed by making the insertion after
''full-time basis'' the first time appearing to reflect the probable
intent of Congress.
Pub. L. 102-325, 401(d)(2)(B), inserted '', computed in accordance
with this subpart'' before period at end of first sentence.
Subsec. (b)(3). Pub. L. 102-325, 401(d)(3), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''The amount
of a basic grant to which a student is entitled under this subpart for
any academic year shall not exceed 60 percent of the cost of attendance
(as defined in section 1070a-6 of this title) at the institution at
which the student is in attendance for that year.''
Subsec. (b)(4). Pub. L. 102-325, 401(d)(4), substituted ''section
1087ll'' for ''section 1070a-6''.
Subsec. (b)(5). Pub. L. 102-325, 401(d)(5), substituted ''$400,
except that a student who is eligible for a basic grant that is equal to
or greater than $200 but less than $400 shall be awarded a basic grant
of $400'' for ''$200''.
Subsec. (b)(6) to (8). Pub. L. 102-325, 401(d)(6), added pars. (6)
to (8) and struck out former pars. (6) and (7) which limited or
prohibited basic grants from funds appropriated for fiscal years prior
to 1992 to students attending on a less than half-time basis.
Subsec. (c)(1). Pub. L. 102-325, 401(e)(1), substituted ''any period
during which the student is enrolled in a noncredit or remedial course
of study as defined in paragraph (2) shall not be counted for the
purpose of this paragraph.'' for '' --
''(A) such period may not exceed the full-time equivalent of --
''(i) 5 academic years in the case of an undergraduate degree or
certificate program normally requiring 4 years or less;
''(ii) 6 academic years in the case of an undergraduate degree or
certificate program normally requiring more than 4 years;
''(B) any period during which the student is enrolled in a noncredit
or remedial course of study as defined in paragraph (2) shall not be
counted for the purpose of subparagraph (A); and
''(C) an institution of higher education at which the student is in
attendance may waive subparagraph (A) for undue hardship based on --
''(i) the death of a relative of the student;
''(ii) the personal injury or illness of the student; or
''(iii) special circumstances as determined by the institution.''
Subsec. (c)(2). Pub. L. 102-325, 401(e)(2), inserted at end
''Nothing in this section shall exclude from eligibility programs of
study abroad that are approved for credit by the home institution at
which the student is enrolled.''
Subsec. (f)(1). Pub. L. 102-325, 401(f)(1), substituted '', as a
part of its regular output document, the expected family contribution''
for ''an estimate of the eligibility index'' in introductory provisions
and ''expected family contribution'' for ''eligibility index'' in
subpars. (A), (B), and (D).
Subsec. (f)(3). Pub. L. 102-325, 401(f)(2), substituted ''expected
family contribution'' for ''eligibility index''.
Subsec. (g). Pub. L. 102-325, 401(g), struck out ''Adjustments for''
before ''insufficient appropriations'' in heading and amended text
generally. Prior to amendment, text read as follows:
''(1) If, for any fiscal year, the funds appropriated for payments
under this subpart are insufficient to satisfy fully all entitlements,
as calculated under subsection (b) of this section, the amount paid with
respect to each entitlement shall be --
''(A) the full amount for any student whose expected family
contribution is $200 or less, or
''(B) a percentage of that entitlement, as determined in accordance
with a schedule of reductions established by the Secretary for this
purpose, for any student whose expected family contribution is more than
$200.
''(2) Any schedule established by the Secretary for the purpose of
paragraph (1)(B) of this subsection shall contain a single linear
reduction formula in which the percentage reduction increases uniformly
as the entitlement decreases, and shall provide that if an entitlement
is reduced to less than $100, no payment shall be made.''
Subsec. (i). Pub. L. 102-325, 401(h), substituted ''Treatment of
institutions and students under other laws'' for ''Noncontractor status
of institutions'' in heading and inserted at end of text ''Recipients of
Pell Grants shall not be considered to be individual grantees for
purposes of part D of title V of Public Law 100-690.''
1987 -- Subsec. (g)(2). Pub. L. 100-50 substituted ''paragraph
(1)(B)'' for ''paragraph (1)''.
Section 410 of Pub. L. 102-325 provided that: ''The changes made in
part A of title IV of the Act (20 U.S.C. 1070 et seq.) by the amendments
made by this part (part A ( 401-410) of title IV of Pub. L. 102-325,
see Tables for classification) shall take effect on the date of
enactment of this Act (July 23, 1992), except --
''(1) as otherwise provided in such part A;
''(2) that the changes made in section 411 (this section), relating
to Pell Grants, shall apply to the awarding of Pell Grants for periods
of enrollment beginning on or after July 1, 1993; and
''(3) that the changes in section 413C(a)(2) (20 U.S.C.
1070b-2(a)(2)), relating to the Federal share for the supplemental
educational opportunity grant program, shall apply to funds provided for
such program for the award years beginning on or after July 1, 1993.''
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
Section effective Oct. 17, 1986, except as otherwise provided, see
section 2 of Pub. L. 99-498, set out as a note under section 1001 of
this title.
Section 401(b)(3), (4) of Pub. L. 99-498 provided that:
''(3) Section 411(c) of the Act (20 U.S.C. 1070a(c)) as amended by
this section shall apply only to individuals who receive a Pell Grant
for the first time for a period of enrollment beginning on or after July
1, 1987.
''(4) Section 411(f) of the Act (20 U.S.C. 1070a(f)) as amended by
this section shall apply to the awarding of Pell Grants for periods of
enrollment beginning on or after July 1, 1987.''
Section 1306 of Pub. L. 99-498 required Secretary to conduct a study
and report to Congress not later than Sept. 30, 1988, on the number of
less than half-time students who would be eligible for Pell grants by
reason of having an expected family contribution of $0 and of $0-$200
for the appropriate academic years.
Provisions limiting the maximum Pell grant that a student may receive
were contained in the following appropriation acts:
Pub. L. 102-394, title III, Oct. 6, 1992, 106 Stat. 1816.
Pub. L. 102-170, title III, Nov. 26, 1991, 105 Stat. 1131.
Pub. L. 101-517, title III, Nov. 5, 1990, 104 Stat. 2212.
Pub. L. 101-166, title III, Nov. 21, 1989, 103 Stat. 1182.
Pub. L. 100-436, title III, Sept. 20, 1988, 102 Stat. 1704.
Pub. L. 100-202, 101(h) (title III), Dec. 22, 1987, 101 Stat.
1329-256, 1329-279.
/1/ See References in Text note below.
20 USC 1070a-1 to 1070a-6. Repealed. Pub. L. 102-325, title IV,
401(i), July 23, 1992, 106 Stat. 482
TITLE 20 -- EDUCATION
Section 1070a-1, Pub. L. 89-329, title IV, 411A, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1312; amended
Pub. L. 100-50, 3(b)(1), June 3, 1987, 101 Stat. 337; Pub. L.
100-369, 7(c), July 18, 1988, 102 Stat. 837, related to family
contribution schedule for Pell Grants and data elements.
Section 1070a-2, Pub. L. 89-329, title IV, 411B, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1313; amended
Pub. L. 100-50, 3(b)(2), (c)-(f)(1), (4), (5), (g), June 3, 1987, 101
Stat. 337, 338; Pub. L. 102-54, 13(g)(1)(B), June 13, 1991, 105 Stat.
275, related to eligibility determination for dependent students.
Section 1070a-3, Pub. L. 89-329, title IV, 411C, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1316; amended
Pub. L. 100-50, 3(b)(3), (c)(1), (f)(2), (4), (5), (g), (h)(2), June
3, 1987, 101 Stat. 337, 338; Pub. L. 100-369, 7(c), July 18, 1988,
102 Stat. 837; Pub. L. 102-54, 13(g)(1)(C), June 13, 1991, 105 Stat.
275, related to eligibility determination for independent students with
dependents other than a spouse.
Section 1070a-4, Pub. L. 89-329, title IV, 411D, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1319; amended
Pub. L. 100-50, 3(b)(4), (c)(1), (f)(3), (4), (g), June 3, 1987, 101
Stat. 337, 338; Pub. L. 100-369, 7(c), July 18, 1988, 102 Stat. 837;
Pub. L. 102-54, 13(g)(1)(D), June 13, 1991, 105 Stat. 275, related to
eligibility determination for single independent students or for married
independent students without other dependents.
Section 1070a-5, Pub. L. 89-329, title IV, 411E, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1322, related to
regulations and updated tables.
Section 1070a-6, Pub. L. 89-329, title IV, 411F, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1323; amended
Pub. L. 100-50, 3(h)(1), (i)-(m), June 3, 1987, 101 Stat. 338, 339;
Pub. L. 100-369, 7(a), (c), July 18, 1988, 102 Stat. 836, 837; Pub.
L. 101-610, title I, 185(1), (2), Nov. 16, 1990, 104 Stat. 3167,
related to definitions and determinations.
20 USC subpart 2 -- federal early outreach and student services programs
TITLE 20 -- EDUCATION
Pub. L. 102-325, title IV, 402(a)(2), (4), July 23, 1992, 106 Stat.
482, added subpart 2 and redesignated former subpart 2 comprising
sections 1070b to 1070b-3 of this title as subpart 3.
20 USC Division 1 -- Federal Trio Programs
TITLE 20 -- EDUCATION
20 USC 1070a-11. Program authority; authorization of appropriations
TITLE 20 -- EDUCATION
(a) Grants and contracts authorized
The Secretary shall, in accordance with the provisions of this
division, carry out a program of making grants and contracts designed to
identify qualified individuals from disadvantaged backgrounds, to
prepare them for a program of postsecondary education, to provide
support services for such students who are pursuing programs of
postsecondary education, to motivate and prepare students for doctoral
programs, and to train individuals serving or preparing for service in
programs and projects so designed.
(b) Recipients, duration, and size
(1) Recipients
For the purposes described in subsection (a) of this section, the
Secretary is authorized, without regard to section 5 of title 41, to
make grants to, and contracts with, institutions of higher education,
public and private agencies and organizations, combinations of such
institutions, agencies and organizations, and in exceptional
circumstances, secondary schools, for planning, developing, or carrying
out one or more of the services assisted under this division.
(2) Duration
Grants or contracts made under this division shall be awarded for a
period of 4 years, except that the Secretary shall award such grants or
contracts for 5 years to applicants whose peer review scores were in the
highest 10 percent of scores of all applicants receiving grants or
contracts in each program competition for the same award year.
(3) Minimum grant level
In any year in which the appropriations authorized under this
division exceed the prior year appropriation as adjusted for inflation,
the Secretary shall use 80 percent of the amount appropriated above the
current services level to bring each award up to the minimum grant level
or the amount requested by the institution or agency, whichever is less.
The minimum grant level (A) for programs authorized under section
1070a-14 or 1070a-17 of this title, shall not be less than $170,000 for
fiscal year 1993; (B) for programs authorized under section 1070a-12 or
1070a-16 of this title shall not be less than $180,000 for fiscal year
1994; and (C) for programs authorized under section 1070a-13 or
1070a-15 of this title shall not be less than $190,000 for fiscal year
1995.
(c) Procedures for awarding grants and contracts
(1) Prior experience
In making grants and contracts under this division, the Secretary
shall consider the prior experience of service delivery under the
particular program for which funds are sought by each applicant. For
fiscal years after 1985, the level of consideration given to prior
experience shall not vary from the level of consideration given this
factor for fiscal year 1985.
(2) Order of awards; program fraud
(A) Except as provided in subparagraph (B), the Secretary shall award
grants and contracts under this division in the order of the scores
received by the application for such grant or contract in the peer
review process required under section 1145d-1 of this title and adjusted
for prior experience in accordance with paragraph (1).
(B) The Secretary is not required to provide assistance to a program
otherwise eligible for assistance under this division, if the Secretary
has determined that such program has involved the fraudulent use of
funds under this division.
(3) Peer review process
(A) The Secretary shall assure that, to the extent practicable,
members of groups underrepresented in higher education, including
African Americans, Hispanics, Native Americans, Alaska Natives, Asian
Americans, Native American Pacific Islanders (including Native
Hawaiians), are represented as readers of applications submitted under
this division. The Secretary shall also assure that persons from urban
and rural backgrounds are represented as readers.
(B) The Secretary shall ensure that each application submitted under
this division is read by at least 3 readers who are not employees of the
Federal Government (other than as readers of applications).
(4) Application status
The Secretary shall inform each entity operating programs under this
division regarding the status of their application for continued funding
at least 8 months prior to the expiration of the grant or contract. The
Secretary, in the case of an entity that is continuing to operate a
successful program under this division, shall ensure that the start-up
date for a new grant or contract for such program immediately follows
the termination of preceding grant or contract so that no interruption
of funding occurs for such successful reapplicants. The Secretary shall
inform each entity requesting assistance under this subpart for a new
program regarding the status of their application at least 8 months
prior to the proposed startup date of such program.
(5) Number of applications for grants and contracts
The Secretary shall not limit the number of applications submitted by
an entity under any program authorized under this division if the
additional applications describe programs serving different populations
or campuses.
(6) Coordination with other programs for disadvantaged students
The Secretary shall encourage coordination of programs assisted under
this division with other programs for disadvantaged students operated by
the sponsoring institution or agency, regardless of the funding source
of such programs. The Secretary shall not limit an entity's eligibility
to receive funds under this division because such entity sponsors a
program similar to the program to be assisted under this division,
regardless of the funding source of such program. The Secretary shall
not require a separate Director to administer a program funded under
this division if the imposition of such requirement will hinder
coordination among programs funded under this division or between
programs funded under this subpart and similar programs funded through
other sources.
(d) Outreach
(1) In general
The Secretary shall conduct outreach activities to ensure that
entities eligible for assistance under this division submit applications
proposing programs that serve geographic areas and eligible populations
which have been underserved by the programs assisted under this
division.
(2) Notice
In carrying out the provisions of paragraph (1), the Secretary shall
notify the entities described in subsection (b) of this section of the
availability of assistance under this subsection not less than 120 days
prior to the deadline for submission of applications under this division
and shall consult national, State, and regional organizations about
candidates for notification.
(3) Technical assistance
The Secretary shall provide technical training to applicants for
projects and programs authorized under this division. The Secretary
shall give priority to serving programs and projects that serve
geographic areas and eligible populations which have been underserved by
the programs assisted under this division. Technical training
activities shall include the provision of information on authorizing
legislation, goals and objectives of the program, required activities,
eligibility requirements, the application process and application
deadlines, and assistance in the development of program proposals and
the completion of program applications. Such training shall be
furnished at conferences, seminars, and workshops to be conducted at not
less than 10 sites throughout the United States to ensure that all areas
of the United States with large concentrations of eligible participants
are served.
(4) Special rule
The Secretary may contract with eligible entities to conduct the
outreach activities described in this subsection.
(e) Documentation of status as a low-income individual
Documentation of an individual's status pursuant to subsection (g)(2)
of this section shall be made --
(1) in the case of an individual who is eighteen years of age or
younger or a dependent student by providing the Secretary with a signed
statement from the parent or legal guardian, verification from another
governmental source, a signed financial aid application, or a signed
United States or Puerto Rican income tax return; and
(2) in the case of an individual who is age 18 or older or who is an
independent student, by providing the Secretary with a signed statement
from the individual, verification from another governmental source, a
signed financial aid form, or a signed United States or Puerto Rican
income tax return.
(f) Authorization of appropriations
For the purpose of making grants and contracts under this division,
there are authorized to be appropriated $650,000,000 for fiscal year
1993, and such sums as may be necessary for each of the 4 succeeding
fiscal years. Of the amount appropriated under this division, the
Secretary may use no more than 1/2 of 1 percent of such amount to obtain
additional qualified readers and additional staff to review
applications, to increase the level of oversight monitoring, to support
impact studies, program assessments and reviews, and to provide
technical assistance to potential applicants and current grantees. In
expending these funds, the Secretary shall give priority to the
additional administrative requirements provided in the Higher Education
Amendments of 1992, to outreach activities, and to obtaining additional
readers. The Secretary shall report to Congress by October 1, 1994, on
the use of these funds.
(g) Definitions
For the purpose of this division:
(1) First generation college student
The term ''first generation college student'' means --
(A) an individual both of whose parents did not complete a
baccalaureate degree; or
(B) in the case of any individual who regularly resided with and
received support from only one parent, an individual whose only such
parent did not complete a baccalaureate degree.
(2) Low-income individual
The term ''low-income individual'' means an individual from a family
whose taxable income for the preceding year did not exceed 150 percent
of an amount equal to the poverty level determined by using criteria of
poverty established by the Bureau of the Census.
(3) Veteran eligibility
No veteran shall be deemed ineligible to participate in any program
under this division by reason of such individual's age who --
(A) served on active duty for a period of more than 180 days, any
part of which occurred after January 31, 1955, and was discharged or
released therefrom under conditions other than dishonorable; or
(B) served on active duty after January 31, 1955, and was discharged
or released therefrom because of a service connected disability.
(Pub. L. 89-329, title IV, 402A, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 482.)
The Higher Education Amendments of 1992, referred to in subsec. (f),
is Pub. L. 102-325, July 23, 1992, 106 Stat. 448. For complete
classification of this Act to the Code, see Short Title of 1992
Amendment note set out under section 1001 of this title and Tables.
Section 402(b) of Pub. L. 102-325 provided that: ''Reference in any
provision of law (other than the Act (20 U.S.C. 1001 et seq.)) to
subpart 2, 3, or 4 of part A of title IV of the Act shall, after the
date of enactment of this Act (July 23, 1992), be deemed to refer to
subpart 3 (20 U.S.C. 1070b et seq.), 4 (20 U.S.C. 1070c et seq.), or 2
(20 U.S.C. 1070a-11 et seq.) of such part, respectively.''
Section 1545 of Pub. L. 102-325 provided that:
''(a) Program Established. -- The Secretary of Education is
authorized to make grants to States to enable the States to reimburse
individuals to cover part or all of the cost of advance placement test
fees, to low-income individuals who --
''(1) are enrolled in an advanced placement class; and
''(2) plan to take an advanced placement test.
''(b) Information Dissemination. -- The State educational agency
shall disseminate information on the availability of test fee payments
under this section to eligible individuals through secondary school
teachers and guidance counselors.
''(c) Requirements for Approval of Applications. -- In approving
applications for grants the Secretary of Education shall --
''(1) require that each such application contain a description of the
advance placement test fees the State will pay on behalf of individual
students;
''(2) require an assurance that any funds received under this section
shall only be used to pay advanced placement test fees; and
''(3) contain such information as the Secretary may require to
demonstrate that the State will ensure that the student is eligible for
payments under this section, including the documentation required by
chapter 1 of subpart 2 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070a-11 et seq.).
''(d) Supplementation of Funding. -- Funds provided under this
section shall be used to supplement and not supplant other Federal,
State, and local or private funds available to assist low-income
individuals in paying for advanced placement testing.
''(e) Regulations. -- The Secretary of Education shall prescribe such
regulations as are necessary to carry out this section.
''(f) Authorization of Appropriations. -- There are authorized to be
appropriated $3,600,000 for fiscal year 1993 and such sums as may be
necessary for each of the 4 succeeding fiscal years to carry out the
provisions of this section.
''(g) Definition. -- As used in this section:
''(1) Advanced placement test. -- The term 'advanced placement test'
includes only an advanced placement test approved by the Secretary of
Education for the purposes of this section.
''(2) Low-income individual. -- The term 'low-income individual' has
the meaning given the term in section 402A(g)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1070a-11(g)(2)).''
20 USC 1070a-12. Talent search
TITLE 20 -- EDUCATION
(a) Program authority
The Secretary shall carry out a program to be known as talent search
which shall be designed --
(1) to identify qualified youths with potential for education at the
postsecondary level and to encourage such youths to complete secondary
school and to undertake a program of postsecondary education;
(2) to publicize the availability of student financial assistance
available to persons who pursue a program of postsecondary education;
and
(3) to encourage persons who have not completed programs of education
at the secondary or postsecondary level, but who have the ability to
complete such programs, to reenter such programs.
(b) Permissible services
Any talent search project assisted under this division may provide
services such as --
(1) academic advice and assistance in secondary school and college
course selection;
(2) assistance in completing college admission and financial aid
applications;
(3) assistance in preparing for college entrance examinations;
(4) guidance on secondary school reentry or entry to general
educational development (GED) programs or other alternative education
programs for secondary school dropouts;
(5) personal and career counseling;
(6) tutorial services;
(7) exposure to college campuses as well as cultural events, academic
programs and other sites or activities not usually available to
disadvantaged youth;
(8) workshops and counseling for parents of students served;
(9) mentoring programs involving elementary or secondary school
teachers, faculty members at institutions of higher education, students,
or any combination of such persons; and
(10) programs and activities as described in paragraphs (1) through
(9) which are specially designed for students of limited English
proficiency.
(c) Requirements for approval of applications
In approving applications for talent search projects under this
division for any fiscal year the Secretary shall --
(1) require an assurance that not less than two-thirds of the
individuals participating in the project proposed to be carried out
under any application be low-income individuals who are first generation
college students;
(2) require that such participants be persons who either have
completed 5 years of elementary education or are at least 11 years of
age but not more than 27 years of age, unless the imposition of any such
limitation with respect to any person would defeat the purposes of this
section or the purposes of section 1070a-16 of this title;
(3) require an assurance that individuals participating in the
project proposed in the application do not have access to services from
another project funded under this section or under section 1070a-16 of
this title; and
(4) require an assurance that the project will be located in a
setting accessible to the persons proposed to be served by the project.
(Pub. L. 89-329, title IV, 402B, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 486.)
20 USC 1070a-13. Upward bound
TITLE 20 -- EDUCATION
(a) Program authority
The Secretary shall carry out a program to be known as upward bound
which shall be designed to generate skills and motivation necessary for
success in education beyond secondary school.
(b) Permissible services
Any upward bound project assisted under this division may provide
services such as --
(1) instruction in reading, writing, study skills, mathematics, and
other subjects necessary for success beyond secondary school;
(2) personal counseling;
(3) academic advice and assistance in secondary school course
selection;
(4) tutorial services;
(5) exposure to cultural events, academic programs, and other
activities not usually available to disadvantaged youth;
(6) activities designed to acquaint youths participating in the
project with the range of career options available to them;
(7) instruction designed to prepare youths participating in the
project for careers in which persons from disadvantaged backgrounds are
particularly underrepresented;
(8) on-campus residential programs;
(9) mentoring programs involving elementary or secondary school
teachers, faculty members at institutions of higher education, students,
or any combination of such persons; and
(10) programs and activities as described in paragraphs (1) through
(9) which are specially designed for students of limited English
proficiency.
(c) Required services
Any upward bound project assisted under this division which has
received funding for two or more years shall include, as part of the
core curriculum in the next and succeeding years, instruction in
mathematics through precalculus, laboratory science, and /1/ foreign
language, composition, and literature.
(d) Requirements for approval of applications
In approving applications for upward bound projects under this
division for any fiscal year, the Secretary shall --
(1) require an assurance that not less than two-thirds of the youths
participating in the project proposed to be carried out under any
application be low-income individuals who are first generation college
students;
(2) require an assurance that the remaining youths participating in
the project proposed to be carried out under any application be either
low-income individuals or first generation college students;
(3) require that there be a determination by the institution, with
respect to each participant in such project that the participant has a
need for academic support in order to pursue successfully a program of
education beyond secondary school; and
(4) require that such participants be persons who have completed 8
years of elementary education and are at least 13 years of age but not
more than 19 years of age, unless the imposition of any such limitation
would defeat the purposes of this section.
(e) Maximum stipends
Youths participating in a project proposed to be carried out under
any application may be paid stipends not in excess of $60 per month
during June, July, and August, and not in excess of $40 per month during
the remaining period of the year.
(Pub. L. 89-329, title IV, 402C, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 487.)
/1/ So in original. The word ''and'' probably should not appear.
20 USC 1070a-14. Student support services
TITLE 20 -- EDUCATION
(a) Program authority
The Secretary shall carry out a program to be known as student
support services which shall be designed --
(1) to increase college retention and graduation rates for eligible
students;
(2) to increase the transfer rates of eligible students from 2-year
to 4-year institutions; and
(3) to foster an institutional climate supportive of the success of
low-income and first generation college students and individuals with
disabilities.
(b) Permissible services
A student support services project assisted under this division may
provide services such as --
(1) instruction in reading, writing, study skills, mathematics, and
other subjects necessary for success beyond secondary school;
(2) personal counseling;
(3) academic advice and assistance in course selection;
(4) tutorial services and counseling and peer counseling;
(5) exposure to cultural events and academic programs not usually
available to disadvantaged students;
(6) activities designed to acquaint students participating in the
project with the range of career options available to them;
(7) activities designed to assist students participating in the
project in securing admission and financial assistance for enrollment in
graduate and professional programs;
(8) activities designed to assist students currently enrolled in
2-year institutions in securing admission and financial assistance for
enrollment in a four-year program of postsecondary education;
(9) mentoring programs involving faculty or upper class students, or
a combination thereof; and
(10) programs and activities as described in paragraphs (1) through
(9) which are specially designed for students of limited English
proficiency.
(c) Requirements for approval of applications
In approving applications for student support services projects under
this division for any fiscal year, the Secretary shall --
(1) require an assurance that not less than two-thirds of the persons
participating in the project proposed to be carried out under any
application --
(A) be individuals with disabilities; or
(B) be low-income individuals who are first generation college
students;
(2) require an assurance that the remaining students participating in
the project proposed to be carried out under any application either /1/
be low-income individuals, first generation college students, or
individuals with disabilities;
(3) require an assurance that not less than one-third of the
individuals with disabilities participating in the project be low-income
individuals;
(4) require that there be a determination by the institution, with
respect to each participant in such project, that the participant has a
need for academic support in order to pursue successfully a program of
education beyond secondary school;
(5) require that such participants be enrolled or accepted for
enrollment at the institution which is the recipient of the grant or
contract; and
(6) require an assurance from the institution which is the recipient
of the grant or contract that each student enrolled in the project will
be offered sufficient financial assistance to meet that student's full
financial need.
(Pub. L. 89-329, title IV, 402D, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 488.)
/1/ So in original. The word ''either'' probably should not appear.
20 USC 1070a-15. Postbaccalaureate achievement program authority
TITLE 20 -- EDUCATION
(a) Program authority
The Secretary shall carry out a program to be known as the ''Ronald
E. McNair Postbaccalaureate Achievement Program'' that shall be
designed to provide disadvantaged college students with effective
preparation for doctoral study.
(b) Services
A postbaccalaureate achievement project assisted under this section
may provide services such as --
(1) opportunities for research or other scholarly activities at the
institution or at graduate centers designed to provide students with
effective preparation for doctoral study;
(2) summer internships;
(3) seminars and other educational activities designed to prepare
students for doctoral study;
(4) tutoring;
(5) academic counseling;
(6) activities designed to assist students participating in the
project in securing admission to and financial assistance for enrollment
in graduate programs;
(7) mentoring programs involving faculty members at institutions of
higher education, students, or any combination of such persons; and
(8) exposure to cultural events and academic programs not usually
available to disadvantaged students.
(c) Requirements
In approving applications for postbaccalaureate achievement projects
assisted under this section for any fiscal year, the Secretary shall
require --
(1) an assurance that not less than two-thirds of the individuals
participating in the project proposed to be carried out under any
application be low-income individuals who are first generation college
students;
(2) an assurance that the remaining persons participating in the
project proposed to be carried out be from a group that is
underrepresented in graduate education;
(3) an assurance that participants be enrolled in a degree program at
an eligible institution having an agreement with the Secretary in
accordance with the provisions of section 1094 of this title; and
(4) an assurance that participants in summer research internships
have completed their sophomore year in postsecondary education.
(d) Award considerations
In addition to such other selection criteria as may be prescribed by
regulations, the Secretary shall consider in making awards to
institutions under this section --
(1) the quality of research and other scholarly activities in which
students will be involved;
(2) the level of faculty involvement in the project and the
description of the research in which students will be involved; and
(3) the institution's plan for identifying and recruiting
participants including students enrolled in projects authorized under
this section.
(e) Maximum stipends
Students participating in research under a postbaccalaureate
achievement project may receive an award that --
(1) shall include a stipend not to exceed $2,400 per annum; and
(2) may include, in addition, the costs of summer tuition, summer
room and board, and transportation to summer programs.
(f) Funding
From amounts appropriated pursuant to the authority of section
1070a-11(f) of this title, the Secretary shall, to the extent
practicable, allocate funds for projects authorized by this section in
an amount which is not less than $11,000,000 for each of the fiscal
years 1993 through 1997.
(Pub. L. 89-329, title IV, 402E, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 489.)
20 USC 1070a-16. Educational opportunity centers
TITLE 20 -- EDUCATION
(a) Program authority; services provided
The Secretary shall carry out a program to be known as educational
opportunity centers which shall be designed --
(1) to provide information with respect to financial and academic
assistance available for individuals desiring to pursue a program of
postsecondary education; and
(2) to provide assistance to such persons in applying for admission
to institutions at which a program of postsecondary education is
offered, including preparing necessary applications for use by
admissions and financial aid officers.
(b) Permissible services
An educational opportunity center assisted under this section may
provide services such as --
(1) public information campaigns designed to inform the community
regarding opportunities for postsecondary education and training;
(2) academic advice and assistance in course selection;
(3) assistance in completing college admission and financial aid
applications;
(4) assistance in preparing for college entrance examinations;
(5) guidance on secondary school reentry or entry to a general
educational development (GED) program or other alternative education
programs for secondary school dropouts;
(6) personal counseling;
(7) tutorial services;
(8) career workshops and counseling;
(9) mentoring programs involving elementary or secondary school
teachers, faculty members at institutions of higher education, students,
or any combination of such persons; and
(10) programs and activities as described in paragraphs (1) through
(9) which are specially designed for students of limited English
proficiency.
(c) Requirements for approval of applications
In approving applications for educational opportunity centers under
this section for any fiscal year the Secretary shall --
(1) require an assurance that not less than two-thirds of the persons
participating in the project proposed to be carried out under any
application be low-income individuals who are first generation college
students;
(2) require that such participants be persons who are at least
nineteen years of age, unless the imposition of such limitation with
respect to any person would defeat the purposes of this section or the
purposes of section 1070a-12 of this title; and
(3) require an assurance that individuals participating in the
project proposed in the application do not have access to services from
another project funded under this section or under section 1070a-12 of
this title.
(Pub. L. 89-329, title IV, 402F, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 490.)
20 USC 1070a-17. Staff development activities
TITLE 20 -- EDUCATION
(a) Secretary's authority
For the purpose of improving the operation of the programs and
projects authorized by this division, the Secretary is authorized to
make grants to institutions of higher education and other public and
private nonprofit institutions and organizations to provide training for
staff and leadership personnel employed in, or preparing for employment
in, such programs and projects.
(b) Contents of training programs
Such training shall include conferences, internships, seminars,
workshops, and the publication of manuals designed to improve the
operation of such programs and projects and shall be carried out in the
various regions of the Nation in order to ensure that the training
opportunities are appropriate to meet the needs in the local areas being
served by such programs and projects. Such training shall be offered
annually for new directors of projects funded under this division as
well as annually on the following topics and other topics chosen by the
Secretary:
(1) Legislative and regulatory requirements for the operation of
programs funded under this division.
(2) Assisting students in receiving adequate financial aid from
programs assisted under this subchapter and part C of subchapter I of
chapter 34 of title 42 and other programs.
(3) The design and operation of model programs for projects funded
under this division.
(c) Consultation
Grants for the purposes of this section shall be made only after
consultation with regional and State professional associations of
persons having special knowledge with respect to the needs and problems
of such programs and projects.
(Pub. L. 89-329, title IV, 402G, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 491.)
20 USC 1070a-18. Evaluation for project improvement
TITLE 20 -- EDUCATION
(a) In general
For the purpose of improving the operation of the programs and
projects assisted under this division, the Secretary is authorized to
make grants to and enter into contracts with institutions of higher
education and other public and private institutions and organizations to
evaluate the effectiveness of the various programs assisted under this
subpart in meeting the purposes described in this division.
(b) Content
The evaluations described in subsection (a) of this section shall
identify institutional, community and program practices particularly
effective in increasing the access of low-income individuals and
first-generation college students to postsecondary education, the
preparation of such individuals and students for postsecondary
education, and such individuals' and students' success in postsecondary
education.
(c) Results
In order to improve program effectiveness, the results of the ongoing
evaluations described in subsection (a) of this section shall be
disseminated by the Secretary to similar programs assisted under this
division as well as other individuals concerned with the postsecondary
access and retention of low-income individuals and first-generation
college students.
(Pub. L. 89-329, title IV, 402H, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 491.)
20 USC Division 2 -- National Early Intervention Scholarship and
Partnership Program
TITLE 20 -- EDUCATION
20 USC 1070a-21. Early intervention program authorized
TITLE 20 -- EDUCATION
The Secretary is authorized, in accordance with the requirements of
this division, to establish a program that --
(1) encourages States to provide or maintain a guarantee to eligible
low-income students who obtain a high-school diploma (or its
equivalent), of the financial assistance necessary to permit them to
attend an institution of higher education; and
(2) provides incentives to States, in cooperation with local
educational agencies, institutions of higher education, community
organizations and business, to provide --
(A) additional counseling, mentoring, academic support, outreach, and
supportive services to elementary, middle, and secondary school students
who are at risk of dropping out of school; and
(B) information to students and their parents about the advantages of
obtaining a postsecondary education and their college financing options.
(Pub. L. 89-329, title IV, 404A, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 492.)
Section 1407 of Pub. L. 102-325 provided that:
''(a) Purpose. -- The purposes of this section are --
''(1) to require the Secretary of Education to determine the
effectiveness of programs for disadvantaged elementary and secondary
school students that offer guarantees for postsecondary education; and
''(2) to identify ways to encourage the business community to
participate in such programs.
''(b) Conduct of Study. --
''(1) In general. -- The Secretary of Education shall evaluate the
effectiveness of programs for disadvantaged children that, in exchange
for the child's commitment to achieving a satisfactory elementary and
secondary education, promise the child the financial resources needed to
pursue a postsecondary education.
''(2) Content. -- The Secretary of Education shall study a sample of
the types of programs available, and (A) determine the success or
failure of such programs in increasing the access and entry of
disadvantaged students into postsecondary education, (B) identify the
most successful programs and the causes for success, and (C) determine
the responsibilities of sponsors of the programs.
''(3) Programs studied. -- The programs studied shall include a
guarantee of postsecondary education for students currently in
elementary or secondary grade levels. The programs may include
supportive services, mentoring, study skills, and counseling to students
participating in the program.
''(c) Dissemination. -- The Secretary of Education shall disseminate
the findings through appropriate agencies and organizations including
associations of businesses.
''(d) Submission of Report. -- The Secretary of Education shall
submit an interim report regarding the study by June 30, 1996, and a
final report regarding the study by January 1, 1997, to the Committee on
Education and Labor of the House of Representatives and the Committee on
Labor and Human Resources of the Senate.''
20 USC 1070a-22. State eligibility and State plan
TITLE 20 -- EDUCATION
(a) Plan required for eligibility
(1) In order for a State to qualify for a grant under this division,
the State shall submit to the Secretary a plan for carrying out the
program under this division. Such plan shall provide for the conduct,
under the State program, of both a scholarship component in accordance
with section 1070a-24 /1/ of this title and an early intervention
component in accordance with section 1070a-23 /1/ of this title.
(2) Each State plan submitted pursuant to paragraph (1) be /2/ in
such form, contain or be accompanied by such information or assurances,
and be submitted at such time as the Secretary may require by regulation
and shall --
(A) describe the activities for which assistance under this section
is sought; and
(B) provide such additional assurances as the Secretary determines
necessary to ensure compliance with the requirements of this section.
(b) Matching requirement
The Secretary shall not approve a plan submitted under subsection (a)
of this section unless such plan --
(1) provides that the State will provide, from State, local, or
private funds, not less than one-half the cost of the program;
(2) specifies the methods by which such share of the costs will be
paid; and
(3) includes provisions designed to assure that funds provided under
this division shall supplement and not supplant funds expended for
existing State and local programs.
(c) Methods for complying with matching requirement
A State may count toward the contribution required by subsection
(b)(1) of this section --
(1) the amount of the grants paid to students from State, local, or
private funds under this division;
(2) the amount of tuition, fees, room or board waived or reduced for
recipients of grants under this division; and
(3) the amount expended on documented, targeted, long-term mentoring
and counseling provided by volunteers or paid staff of nonschool
organizations, including businesses, religious organizations, community
groups, postsecondary educational institutions, nonprofit and
philanthropic organizations, and other organizations.
(d) Payment requirements
Upon submission by a State of such documents as the Secretary may, by
regulation, require for demonstrating the total amount expended by the
State in accordance with this division for a fiscal year, the Secretary
shall, from such State's allotment under section 1070a-25 of this title
for such fiscal year, pay to such State an amount equal to not more than
one-half of the total amount so expended.
(Pub. L. 89-329, title IV, 404B, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 492.)
Section 1070a-24 of this title, referred to in subsec. (a), was in
the original ''section 403C'', meaning section 403C of Pub. L. 89-329,
which has been translated as reading section 404D of Pub. L. 89-329 to
reflect the probable intent of Congress because Pub. L. 89-329 does
not contain a section 403C and section 404D relates to scholarship
components.
Section 1070a-23 of this title, referred to in subsec. (a), was in
the original ''section 403D'', meaning section 403D of Pub. L. 89-329,
which has been translated as reading section 404C of Pub. L. 89-329 to
reflect the probable intent of Congress because Pub. L. 89-329 does
not contain a section 403D and section 404C relates to early
intervention components.
/1/ See References in Text note below.
/2/ So in original. Probably should be ''shall be''.
20 USC 1070a-23. Early intervention
TITLE 20 -- EDUCATION
(a) In general
In order to receive payments under section 1070a-22(d) of this title,
a State shall demonstrate to the satisfaction of the Secretary that the
State will provide comprehensive mentoring, counseling, outreach, and
supportive services to students participating in programs under this
division who are enrolled in preschool through grade 12. Such
counseling shall include financial aid counseling that provides
information on the opportunities for financial assistance under this
subchapter and part C of subchapter I of chapter 34 of title 42. The
State shall demonstrate, pursuant to regulations of the Secretary, the
methods by which the State will target services on priority students.
(b) Uses of funds
(1) In general
The Secretary shall, by regulation, establish criteria for
determining whether comprehensive mentoring, counseling, outreach, and
supportive services programs may be used to meet the requirements of
subsection (a) of this section.
(2) Allowable providers
The activities required by subsection (a) of this section may be
provided by service providers such as community-based organizations,
schools, institutions of higher education, public and private agencies,
nonprofit and philanthropic organizations, businesses, institutions and
agencies sponsoring programs authorized under subpart 4 of this part,
and other organizations the Secretary deems appropriate.
(3) Permissible activities
Examples of acceptable activities to meet the requirements of
subsection (a) of this section include the following:
(A) Providing eligible students in preschool through grades /1/ 12
with a continuing system of mentoring and advising that --
(i) is coordinated with the Federal and State community service
initiatives; and
(ii) may include such support services as after school and summer
tutoring, assistance in obtaining summer jobs, career mentoring and
academic counseling.
(B) Requiring each student to enter into an agreement under which the
student agrees to achieve certain academic milestones, such as
completing a prescribed set of courses and maintaining satisfactory
academic progress as described in section 1091(c) of this title, in
exchange for receiving tuition assistance for a period of time to be
established by each State.
(C) Activities designed to ensure high school completion and college
enrollment of at-risk children, including identification of at-risk
children, after school and summer tutoring, assistance in obtaining
summer jobs, academic counseling, volunteer and parent involvement and
former or current scholarship recipients as mentor or peer counselors,
skills assessment, personal counseling, family counseling and home
visits, and staff development, and programs and activities as described
in this subparagraph which are specially designed for students of
limited English proficiency.
(D) Prefreshman summer programs that --
(i) are at institutions of higher education that also have programs
of academic year supportive services for disadvantaged students through
projects authorized under section 1070a-14 /2/ of this title or through
comparable projects funded by the State or other sources;
(ii) assure the participation of students who qualify as
disadvantaged under the provisions of section 1070a-14 /2/ of this title
or who are eligible for comparable programs funded by the State;
(iii)(I) provide summer instruction in remedial, developmental or
supportive courses; (II) provide such summer services as counseling,
tutoring, or orientation; and (III) provide grant aid to students to
cover prefreshman summer costs for books, supplies, living costs and
personal expenses; and
(iv) assure that participating students will receive financial aid
during each academic year they are enrolled at the participating
institution after the prefreshman summer.
(E) Requiring eligible students to meet other standards or
requirements as the State determines necessary to meet the purposes of
this section.
(c) Priority students
In administering the early intervention component, the State shall
treat as priority students any student in preschool through grade 12 who
is eligible --
(1) to be counted under section 2711(c) of this title;
(2) for free or reduced price meals pursuant to the National School
Lunch Act (42 U.S.C. 1751 et seq.); or
(3) for assistance pursuant to part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) (Aid to Families with Dependent
Children).
(Pub. L. 89-329, title IV, 404C, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 493.)
Section 1070a-14 of this title, referred to in subsec. (b)(3)(D),
was in the original ''section 401D of this subpart'' in cl. (i) and
''section 401D of this part'' in cl. (ii), meaning section 401D of Pub.
L. 89-329, which has been translated as reading section 402D of Pub.
L. 89-329 to reflect the probable intent of Congress because Pub. L.
89-329 does not contain a section 401D and section 402D relates to
student support services.
The National School Lunch Act, referred to in subsec. (c)(2), is act
June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is classified
generally to chapter 13 ( 1751 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 1751 of Title 42 and Tables.
The Social Security Act, referred to in subsec. (c)(3), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of
the Act is classified generally to part A ( 601 et seq.) of subchapter
IV of chapter 7 of Title 42. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.
/1/ So in original. Probably should be ''grade''.
/2/ See References in Text note below.
20 USC 1070a-24. Scholarship component
TITLE 20 -- EDUCATION
(a) In general
In order to receive payments under section 1070a-22(d) of this title,
a State shall establish or maintain a financial assistance program that
awards grants to students in accordance with the requirements of this
section. The Secretary shall encourage the State to ensure that the
tuition assistance provided pursuant to this section is available to an
eligible student for use at any eligible institution.
(b) Grant amounts
The maximum amount of the grant that an eligible student in any
participating State shall be eligible to receive under this section
shall be established by the State. The minimum amount of the grant for
each fiscal year shall not be less than the lesser of --
(1) 75 percent of the average cost of attendance for an in-State
student, in a 4-year program of instruction, at public institutions of
higher education in such State, as determined in accordance with
regulations prescribed by the Secretary; or
(2) the maximum grant funded under section 1070a of this title for
such fiscal year.
(c) Relation to other assistance
Tuition assistance provided under this division shall not be
considered for the purpose of awarding Federal grant assistance under
this subchapter and part C of subchapter I of chapter 34 of title 42,
except that in no case shall the total amount of student financial
assistance awarded to a student under this subchapter and part C of
subchapter I of chapter 34 of title 42 exceed such student's total cost
of attendance.
(d) Eligible students
A student eligible for assistance under this division is a student
who --
(1) is less than 22 years old at time of first grant award;
(2) receives a high school diploma or a certificate of high school
equivalence on or after January 1, 1993;
(3) is enrolled or accepted for enrollment in a program of
instruction at an institution of higher education that is located within
the State's boundaries; except that, as a State option, a State may
offer grant program portability for recipients who attend institutions
of higher education outside such State; and
(4) who the /1/ participated in the State early intervention
component required under section 1070a-23 of this title.
(e) Priority; waiver
(1) The Secretary shall ensure that each State place a priority on
awarding scholarships to students who will receive a Pell Grant for the
academic year for which the award is being made under this division.
(2) A State may consider students who have successfully participated
in programs funded under division 1 of this subpart to have met the
requirements of subsection (d)(4) of this section.
(Pub. L. 89-329, title IV, 404D, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 495.)
/1/ So in original.
20 USC 1070a-25. Distribution of funds
TITLE 20 -- EDUCATION
(a) Competitive awards
If the amount appropriated to carry out this division for a fiscal
year is less than $50,000,000, then the Secretary shall award grants
under this division on a competitive basis to States to carry out a
program described in section 1070a-21 of this title.
(b) Allotment based on allocations under section 2711
If the amount appropriated to carry out this division for a fiscal
year is $50,000,000 or more, then the Secretary shall allot to each
State an amount which bears the same ratio to such sums as --
(1) the amount allocated under section 2711 of this title to the
local education agencies in the State,
bears to --
(2) the total amount allocated under such section to all such
agencies in all States.
(c) Limit on use
No State may use less than 25 percent or more than 50 percent of its
allotment for the early intervention component of the State program,
except that the Secretary may waive the 50 percent limitation if the
State demonstrates that the State has another means of providing the
student's tuition assistance that is described in the State plan.
(d) Reallotment
The amount of any State's allotment under subsection (b) of this
section for any fiscal year which the Secretary determines will not be
required for such fiscal year for the program of that State shall be
available for reallotment from time to time, on such dates during such
year as the Secretary may fix, to other States in proportion to the
original allotments to such States for such year, but with such
proportionate amount for any of such States being reduced to the extent
it exceeds the sum the Secretary estimates such State needs and will be
able to use for such year for carrying out such programs. The total of
such reductions shall be similarly reallotted among the States whose
proportionate amounts were not so reduced. A State shall match, in
accordance with section 1070a-22(b) of this title any reallocated funds
it receives under this subsection.
(e) Allotment subject to continuing compliance
The Secretary shall make payments for programs only to States which
continue to meet the requirements of the State plan pursuant to section
1070a-22 of this title.
(Pub. L. 89-329, title IV, 404E, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 495.)
20 USC 1070a-26. Evaluation and report
TITLE 20 -- EDUCATION
(a) Evaluation
Each State receiving an allotment under this section /1/ shall
biannually evaluate the early intervention program assisted under this
division in accordance with the standards described in subsection (b) of
this section and shall submit to the Secretary a copy of such
evaluation. The evaluation component shall permit service providers to
track eligible student progress during the period such students are
participating in the program assisted under this section and must be
consistent with the standards developed by the Secretary pursuant to
subsection (b) of this section.
(b) Evaluation standards
The Secretary shall prescribe standards for the evaluation described
in subsection (a) of this section. Such standards shall --
(1) provide for input from States and service providers; and
(2) ensure that data protocols and procedures are consistent and
uniform.
(c) Report
The Secretary shall biannually report to the Congress on the
activities assisted under this division and the evaluations conducted
pursuant to subsection (a) of this section.
(Pub. L. 89-329, title IV, 404F, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 496.)
/1/ So in original. Probably should be ''division''.
20 USC 1070a-27. Appropriations
TITLE 20 -- EDUCATION
There is authorized an appropriation to make grants under this
division $200,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the four succeeding fiscal years. No amount may
be expended to carry out the provisions of this division unless the
amount appropriated for such fiscal year to carry out subpart 4 of part
A of this subchapter exceeds $60,000,000.
(Pub. L. 89-329, title IV, 404G, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 496.)
20 USC Division 3 -- Presidential Access Scholarships
TITLE 20 -- EDUCATION
20 USC 1070a-31. Scholarships authorized
TITLE 20 -- EDUCATION
The Secretary is authorized in accordance with this division to award
Presidential Access Scholarships to students who --
(1) are eligible to receive a Pell Grant for the year in which the
scholarship is awarded;
(2) have participated in a preparatory program for postsecondary
education; and
(3) demonstrate academic achievement.
(Pub. L. 89-329, title IV, 406A, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 497.)
20 USC 1070a-32. Scholarship program requirements
TITLE 20 -- EDUCATION
(a) Amount of award
(1) In general
Except as provided in paragraph (2), the amount of a scholarship
awarded under this division for any academic year shall be equal to 25
percent of the Pell Grant that the recipient is awarded for that year or
$400, whichever is greater.
(2) Adjustment for insufficient appropriations
If, after the Secretary determines the total number of eligible
applicants for an academic year in accordance with section 1070a-33 of
this title, funds available in a fiscal year are insufficient to fully
fund all awards for that academic year under this division, the amount
paid to each student shall be reduced proportionately.
(b) Period of award
Scholarships under this division shall be awarded for a period of not
more than four academic years, or in the case of a student who is
enrolled in an undergraduate course of study that requires attendance
for the full-time equivalent of five academic years, five academic
years.
(c) Use at any institution permitted
An eligible student awarded a scholarship under this division may use
such scholarship stipend to attend any institution of higher education.
(d) Assistance not to exceed cost of attendance
A scholarship awarded under this division to any student, in
combination with the Pell Grant and other student financial assistance
available to such student, may not exceed the student's cost of
attendance (as defined in section 1087ll of this title).
(e) Presidential Access Scholars
Students awarded scholarships under this division shall be known as
''Presidential Access Scholars''.
(Pub. L. 89-329, title IV, 406B, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 497.)
20 USC 1070a-33. Eligibility of scholars
TITLE 20 -- EDUCATION
(a) Requirements for students in first year of postsecondary
education
In order for a student who will be attending the student's first year
of postsecondary education to be eligible to receive a scholarship under
this division for that academic year, the student shall --
(1) be enrolled or accepted for enrollment in a degree or certificate
program of at least 2 years in length;
(2) have demonstrated academic achievement and preparation for
postsecondary education by taking college preparatory level coursework
in the following areas while in secondary school or the equivalent:
(A) 4 years of English;
(B) 3 years of science;
(C) 3 years of mathematics;
(D) either --
(i) 3 years of history; or
(ii) 2 years of history and 1 year of social studies; and
(E) either --
(i) 2 years of a foreign language; or
(ii) 1 year of computer science and 1 year of a foreign language.
(3) earn a grade point average of 2.5 or higher, on a scale of 4.0,
in the final 2 years of high school; and
(4) either --
(A) have participated, for a minimum period of 36 months, in an early
intervention program that meets the requirements of section 1070a-34 of
this title; or
(B) rank, or have ranked, in the top 10 percent, by grade point
average, of the student's secondary school graduating class.
(b) Requirements for all students
(1) Each eligible student desiring a scholarship under this division
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may reasonably
require.
(2) In order for a student who will be attending a year of
postsecondary education, other than the student's first year, to
continue to be eligible to receive a scholarship under this division for
that academic year the eligible student shall maintain eligibility to
receive a Pell Grant, including fulfilling the requirements for
satisfactory academic progress as described in section 1091(c) of this
title.
(Pub. L. 89-329, title IV, 406C, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 497.)
20 USC 1070a-34. Eligible early intervention programs
TITLE 20 -- EDUCATION
(a) Participation in trio programs and national early intervention
scholarship and partnership programs
Participation in a program authorized under section 1070a-12,
1070a-13, or 1070a-16 of this title, or division 2 of subpart 2 of this
part for a 36-month period shall meet the requirement of section
1070a-33(a)(4)(A) of this title.
(b) Other eligible early intervention program
Participation in another early intervention program, regardless of
sponsorship, for a 36-month period, shall meet the requirements of
section 1070a-33(a)(4)(A) of this title if the program --
(1) meets the requirements established by the Secretary; and
(2) is certified by the Governor as an honors scholars program.
(Pub. L. 89-329, title IV, 406D, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 498.)
20 USC 1070a-35. Student eligibility
TITLE 20 -- EDUCATION
(a) Student eligibility
For the purpose of this division, the term ''eligible student'' means
an individual who --
(1) is a graduate of a public or private secondary school or has the
equivalent certificate of graduation as recognized by the State in which
the eligible student resides;
(2) not later than 3 years after such individual graduates or obtains
an equivalent certificate, has been admitted for enrollment or is
enrolled at an institution of higher education; and
(3) is eligible to receive a Pell Grant for the year in which the
scholarship is awarded.
(b) Limitation
For the purpose of this division, the term ''eligible student'' does
not include an individual who has been awarded a baccalaureate degree.
(c) Waivers
(1) Early intervention program participation
The Secretary may waive the requirement described in section
1070a-33(a)(4) of this title for any student who was unable to
participate in an early intervention program assisted under this part
because such program was not available in the area in which such student
resides or the student was unable to participate in an early
intervention program where the student resides.
(2) Limited-English proficient students
The Secretary may waive the requirement described in section
1070a-33(a)(2)(E) of this title for any limited-English proficient
student who is fluent in a language other than English and is
participating in a program to teach such student the English language or
for any English speaking student fluent in a second language.
(Pub. L. 89-329, title IV, 406E, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 498.)
20 USC 1070a-36. Early intervention scholarship agreement
TITLE 20 -- EDUCATION
(a) In general
In order for a student to receive a scholarship under this division,
the State educational agency serving the State in which such child
resides shall have entered into an agreement with the Secretary.
(b) Contents
Each agreement described in subsection (a) of this section shall
include provisions designed to ensure that --
(1) all secondary school students in the State have equal and easy
access to the coursework described in section 1070a-33(a)(2) of this
title;
(2) the State educational agency has procedures in place to verify to
the Secretary that students receiving scholarships under this division
have taken such coursework and that such coursework has been of a
college preparatory level, including a requirement that all secondary
schools in the State issue a certificate to each eligible student
certifying that such student has completed the necessary coursework to
qualify for a scholarship under this division;
(3) the State educational agency has procedures in place to notify
institutions of higher education of the availability of scholarships
under this division, so that such institutions may award additional
scholarships in concert with the scholarships received under this
division; and
(4) the State educational agency has procedures in place to inform
junior high school students and their families about the value of
postsecondary education, the availability of student aid to meet college
expenses, and the availability of scholarships under this division for
students who take demanding courses, with particular emphasis on
activities designed to ensure that students from low- and
moderate-income families have access to such information.
(c) Special rule
The Secretary may allow a State to receive assistance under this
division for students whose secondary schools do not offer the necessary
coursework if such students take the required courses at another local
secondary school or community college.
(Pub. L. 89-329, title IV, 406F, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 499.)
20 USC 1070a-37. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated $200,000,000 for fiscal year
1993 and such sums as may be necessary for each of the 4 succeeding
fiscal years to carry out the provisions of this division. No amount
may be expended to carry out the provisions of this division in any
fiscal year unless the amount appropriated for such fiscal year to carry
out subpart 1 of part A of this subchapter exceeds the amount
appropriated to carry out such subpart in the preceding fiscal year.
(Pub. L. 89-329, title IV, 406G, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 499.)
20 USC Division 4 -- Model Program Community Partnership and Counseling
Grants
TITLE 20 -- EDUCATION
20 USC 1070a-41. Model program grants
TITLE 20 -- EDUCATION
(a) Program authority
From the amounts appropriated under section 1070a-43 of this title,
the Secretary shall award grants to develop model programs --
(1) to counsel students, at an early age, about college
opportunities, precollege requirements, the college admissions
procedure, financial aid opportunities, and student support services
that are specially designed or customized for use in specific
geographic, social, and cultural environments; or
(2) which stimulate community partnerships with schools by providing
tutoring, mentoring, work experiences, and other services which support
making postsecondary education a realistic goal for all students.
(b) Priorities in selection
The Secretary shall give priority to those model programs which are
directed at areas which have a high proportion of minority, limited
English proficiency, economically disadvantaged, disabled,
nontraditional, or at-risk students and those model programs which serve
these students from rural or urban environments.
(c) Proposal requirements
(1) Tailoring
To receive a grant under subsection (a)(1) of this section, the
proposal submitted to the Secretary shall demonstrate that the
counseling on college opportunities, precollege requirements, the
college admissions procedure, and financial aid opportunities (including
early intervention counseling), is tailored to a specific geographic,
social or cultural environment.
(2) Community partnerships
To receive a grant under subsection (a)(2) of this section, the
proposal submitted to the Secretary shall demonstrate the active
involvement of a local educational agency and at least one of the
following:
(A) Local businesses.
(B) Labor organizations.
(C) Community groups.
(3) Goals and outcomes
To receive a grant under this section, each proposal shall contain a
statement of specific, measurable goals and methods for obtaining
statistics on the number of participants who continue on to
postsecondary education.
(Pub. L. 89-329, title IV, 408A, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 500.)
20 USC 1070a-42. Diffusion activities
TITLE 20 -- EDUCATION
(a) Collection of information
The Secretary shall collect information concerning --
(1) programs supported under section 1070a-41 of this title and
programs of demonstrated effectiveness which counsel students about
college opportunities, precollege requirements, the college admissions
procedure, and financial aid opportunities;
(2) early intervention programs of demonstrated effectiveness which
set students on the path toward staying in school and pursuing a
postsecondary education;
(3) model programs which counsel students in specific environments,
such as urban, rural, and suburban; and
(4) model programs which develop school/community partnerships to
provide mentoring, tutoring, work experiences and other services which
support making postsecondary education a realistic goal for all
students.
(b) Dissemination
The Secretary shall ensure that the information collected under
subsection (a) of this section is disseminated.
(Pub. L. 89-329, title IV, 408B, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 500.)
20 USC 1070a-43. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated $35,000,000 for fiscal year
1993 and such sums as may be necessary for each of the 4 succeeding
fiscal years to carry out this division.
(Pub. L. 89-329, title IV, 408C, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 501.)
20 USC Division 5 -- Public Information
TITLE 20 -- EDUCATION
20 USC 1070a-51. Database and information line
TITLE 20 -- EDUCATION
From the funds available under section 1070a-53 of this title, the
Secretary shall award a contract to establish and maintain --
(1) a computerized database of all public and private financial
assistance programs, to be accessible to schools and libraries through
either modems or toll-free telephone lines; and
(2) a toll-free information line, including access by
telecommunications devices for the deaf (''TDD's''), to provide
individualized financial assistance information to parents, students,
and other individuals, including individuals with disabilities, and to
refer students with disabilities and their families to the postsecondary
clearinghouse that is authorized under section 1433(c) of this title.
(Pub. L. 89-329, title IV, 409A, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 501.)
20 USC 1070a-52. Early awareness information program
TITLE 20 -- EDUCATION
(a) Program authority
The Secretary is authorized to enter into contracts with appropriate
public agencies, nonprofit private organizations, and institutions of
higher education to conduct an information program designed --
(1) to broaden the early awareness of postsecondary educational
opportunities by secondary school students and their parents; and
(2) to encourage economically disadvantaged, minority, or at-risk
individuals to seek higher education, and to seek higher education and
financial assistance counseling at public schools and libraries.
(b) Contents of messages
Announcements and messages supported under this section --
(1) may be specially designed for students of limited English
proficiency,
(2) shall publicize --
(A) the availability of Federal student assistance under this
chapter;
(B) the importance of postsecondary education in long-term career
planning; and
(C) the need and necessity to complete a secondary education program
successfully in order to meet the requirements for college.
(c) Informing Congress
The Secretary shall keep the appropriate committees of the Congress
informed with respect to the efforts made pursuant to this section and
shall recommend any additional legislative authority that will serve the
purposes of this section.
(Pub. L. 89-329, title IV, 409B, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 501.)
This chapter, referred to in subsec. (b)(2)(A), was in the original
''this Act'', meaning Pub. L. 89-329, as amended, known as the Higher
Education Act of 1965. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of this title and
Tables.
20 USC 1070a-53. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated $20,000,000 for fiscal year
1993 and such sums as may be necessary for each of the 4 succeeding
fiscal years to carry out this division.
(Pub. L. 89-329, title IV, 409C, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 502.)
20 USC Division 6 -- National Student Savings Demonstration Program
TITLE 20 -- EDUCATION
20 USC 1070a-61. National student savings demonstration program
TITLE 20 -- EDUCATION
(a) Statement of purpose
It is the purpose of this section to --
(1) create a demonstration program to test the feasibility of
establishing a national student savings program to encourage families to
save for their children's college education and thereby reduce the loan
indebtedness of college students; and
(2) help determine the most effective means of achieving the
activities described in paragraph (1).
(b) Demonstration program authorized
(1) In general
The Secretary is authorized to award a demonstration grant to not
more than 5 States to enable each such State to conduct a student
savings program in accordance with this section.
(2) Amount of grant
The amount of each grant awarded pursuant to paragraph (1) shall be
computed on the basis of --
(A) a Federal match in an amount equal to the initial State deposit
into each account established pursuant to subsection (c)(2)(B) of this
section, except that such Federal match shall not exceed $50 per child;
multiplied by
(B) the number of children participating in the program assisted
under this part.
(3) Priority
In awarding grants under this section the Secretary shall give
priority to States proposing programs that establish accounts for a
child prior to the age of compulsory school attendance in the State in
which such child resides.
(4) Special consideration
In awarding grants under this section the Secretary shall give
special consideration to States --
(A) that permit employers to use pretax income in making
contributions to a child's account; and
(B) that provide assurances that interest earned in accounts shall be
exempt from State taxes.
(c) Application
(1) In general
Each State desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably require.
(2) Contents
Each application submitted pursuant to paragraph (1) shall --
(A) describe the student savings program to be established and the
number of children to be served;
(B) contain assurances that an account shall be established for each
child participating in the program assisted under this section and set
forth the initial amount to be deposited into each such account by the
State;
(C) contain assurances that deposits into such account shall be
invested in a responsible manner that provides a reasonable rate of
return;
(D) contain assurances that funds in the account shall only be used
to pay the cost of attendance (as such term is defined in section 1087ll
of this title) at any eligible institution (as such term is defined in
section 1088 of this title);
(E) describe the amount of the Federal contribution requested for
starting each child's account, which shall not exceed $50 per child
participating in the program;
(F) describe the age at which children in the State may establish
such accounts;
(G) indicate whether the program will be open to all children,
regardless of family income, or only to disadvantaged children;
(H) describe how additional deposits into each account from the State
or other resources will be earned by a child for performance of
community service, academic performance, or other activities or
achievements;
(I) contain assurances that contributions in an account shall be
refundable to the contributor without interest if the child is unable to
attend college;
(J) contain assurances that the State shall encourage individuals and
organizations to make contributions to a child's account;
(K) contain assurances that the State shall provide incentives to
employers to make contributions to a child's account and participate in
the program assisted under this section; and
(L) contain assurances that if a child leaves the State in which such
child has an account, then such child shall retain the right to make
contributions to the account, except that the State shall not be
required to make any additional deposits other than interest.
(d) Authorization of appropriations
There are authorized to be appropriated $10,000,000 for fiscal year
1993 and such sums as may be necessary for each of the 4 succeeding
fiscal years to carry out this section.
(Pub. L. 89-329, title IV, 410A, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 502.)
20 USC Division 7 -- Preeligibility Form
TITLE 20 -- EDUCATION
20 USC 1070a-71. Information on eligibility for assistance
TITLE 20 -- EDUCATION
To help ensure access to postsecondary education by providing early
notice to students of their potential eligibility for financial aid, the
Secretary, as part of the contracts developed pursuant to section 1090
of this title, may --
(1) develop and process a common preeligibility Federal financial aid
form,
(2) distribute and process such form on a year-round basis free of
charge to students and parents, and
(3) issue, on the basis of information reported by the student on
such form, a preeligibility expected family contribution figure and
estimate of the amount of Federal (and, if feasible, non-Federal) funds
for which the student might qualify in later completing and submitting
the application form called for under section 1090 of this title.
The Secretary shall widely disseminate the preeligibility form
through post offices and other appropriate Federal installations,
schools, institutions of higher education, libraries, and
community-based agencies, including projects assisted under this subpart
and subpart 5 of this part.
(Pub. L. 89-329, title IV, 410B, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 503.)
20 USC Division 8 -- Technical Assistance for Teachers and Counselors
TITLE 20 -- EDUCATION
20 USC 1070a-81. Technical assistance grants
TITLE 20 -- EDUCATION
(a) Program authority
From the amounts appropriated under subsection (f) of this section,
the Secretary shall award grants to local educational agencies to use
for the purpose of obtaining specialized training for guidance
counselors, teachers, and principals to counsel students about college
opportunities, precollege requirements, the college admissions
procedure, and financial aid opportunities.
(b) Selection of grant recipients
(1) Priority
In making grants under this section, the Secretary shall give
priority to those local educational agencies serving school districts
(A) from which the proportion of students who continue on to higher
education is significantly below the national average, and (B) in which
the proportion of students who are educationally disadvantaged is
significantly above the national average.
(2) Selection procedures
The Secretary shall develop a formal procedure for the submission of
proposals and publish in the Federal Register an announcement with
respect to that procedure and the availability of funds.
(c) Local plan
To receive a grant under this section, a local educational agency
shall submit to the Secretary a plan that --
(1) specifies the methods to be used for outreach, implementation,
and follow-up with those students most in need and at-risk for dropping
out or failing to pursue postsecondary education;
(2) demonstrates the methods by which the agency will target funds to
those schools within the district that have the lowest rate of students
who continue on to higher education;
(3) utilizes early intervention programs for counseling minority,
economically disadvantaged, disabled, and at-risk students about
postsecondary education;
(4) includes a strategy for keeping the guidance counselors, teachers
(including elementary, secondary, vocational, and special education
teachers), and principals who have been trained up-to-date on financial
aid information;
(5) contains a statement of specific goals and methods for obtaining
statistics on the number of participants who continue on to
postsecondary education; and
(6) contains a description of the costs of the training and other
activities to be undertaken.
(d) Duration of grants
Grants under this section shall be available for 2 years.
(e) Evaluation
(1) Conduct of evaluations
The Secretary shall reserve not more than 2 percent of any amount
appropriated under subsection (f) of this section for the purpose of
carrying out an independent evaluation of the effectiveness of the
training programs assisted under this section in --
(A) increasing the number of personnel in a school who regularly
counsel students regarding college opportunities, precollege
requirements, the college admission procedure, and financial aid
opportunities; and
(B) increasing the number of students who continue on to
postsecondary education from a school which has had personnel trained
using monies from this section.
(2) Report
The Secretary shall submit to the appropriate committees of the
Congress a report which contains the findings of the evaluation required
by paragraph (1).
(f) Technical assistance grants
There are authorized to be appropriated $40,000,000 for fiscal year
1993 and such sums as may be necessary for each of the 4 succeeding
fiscal years to carry out this section.
(Pub. L. 89-329, title IV, 410C, as added Pub. L. 102-325, title IV,
402(a)(4), July 23, 1992, 106 Stat. 504.)
20 USC subpart 3 -- federal supplemental educational opportunity grants
TITLE 20 -- EDUCATION
Pub. L. 102-325, title IV, 402(a)(2), 403(a), July 23, 1992, 106
Stat. 482, 505, redesignated subpart 2 as 3 and inserted ''Federal''
before ''Supplemental'' in heading and redesignated former subpart 3 as
4.
20 USC 1070b. Purpose; appropriations authorized
TITLE 20 -- EDUCATION
(a) Purpose of subpart
It is the purpose of this subpart to provide, through institutions of
higher education, supplemental grants to assist in making available the
benefits of postsecondary education to qualified students who
demonstrate financial need in accordance with the provisions of part E
of this subchapter.
(b) Authorization of appropriations
(1) For the purpose of enabling the Secretary to make payments to
institutions of higher education which have made agreements with the
Secretary in accordance with section 1070b-2(a) of this title, for use
by such institutions for payments to undergraduate students of
supplemental grants awarded to them under this subpart, there are
authorized to be appropriated $675,000,000 for fiscal year 1993 and such
sums as may be necessary for the 4 succeeding fiscal years.
(2) Sums appropriated pursuant to this subsection for any fiscal year
shall be available for payments to institutions until the end of the
second fiscal year succeeding the fiscal year for which such sums were
appropriated.
(Pub. L. 89-329, title IV, 413A, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1328; amended Pub. L. 102-325, title
IV, 403(b), July 23, 1992, 106 Stat. 505.)
A prior section 1070b, Pub. L. 89-329, title IV, 413A, as added
Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 251;
amended Pub. L. 94-482, title I, 122(a), Oct. 12, 1976, 90 Stat.
2094; Pub. L. 96-49, 5(a)(3), Aug. 13, 1979, 93 Stat. 352; Pub. L.
96-374, title IV, 403(a), (b), title XIII, 1391(a)(1), Oct. 3, 1980,
94 Stat. 1404, 1405, 1503, related to program of supplemental
educational opportunity grants purpose, authorization of appropriations,
and initial year payment provisions, prior to the general revision of
this part by Pub. L. 99-498.
1992 -- Subsec. (b). Pub. L. 102-325 amended subsec. (b) generally,
substituting present provisions for provisions authorizing appropriation
of $490,000,000 for fiscal year 1987 and such sums as necessary for 4
succeeding fiscal years.
20 USC 1070b-1. Amount and duration of grants
TITLE 20 -- EDUCATION
(a) Amount of grant
(1) Except as provided in paragraph (3), from the funds received by
it for such purpose under this subpart, an institution which awards a
supplemental grant to a student for an academic year under this subpart
shall, for each year, pay to that student an amount not to exceed the
lesser of (A) the amount determined by the institution, in accordance
with the provisions of part E of this subchapter, to be needed by that
student to enable the student to pursue a course of study at the
institution or in a program of study abroad that is approved for credit
by the institution at which the student is enrolled, or (B) $4,000.
(2) If the amount determined under paragraph (1) with respect to a
student for any academic year is less than $100, no payment shall be
made to that student for that year. For a student enrolled for less
than a full academic year, the minimum payment required shall be reduced
proportionately.
(3) For students participating in study abroad programs, the
institution shall consider all reasonable costs associated with such
study abroad when determining student eligibility. The amount of grant
to be awarded in such cases may exceed the maximum amount of $4,000 by
as much as $400 if reasonable study abroad costs exceed the cost of
attendance at the home institution.
(b) Period for receipt of grants; continuing eligibility
(1) The period during which a student may receive supplemental grants
shall be the period required for the completion of the first
undergraduate baccalaureate course of study being pursued by that
student.
(2) A supplemental grant awarded under this subpart shall entitle the
student (to whom it is awarded) to payments pursuant to such grant only
if the student meets the requirements of section 1091 of this title,
except as provided in section 1070b-2(c) of this title.
(c) Distribution of grant during academic year
Nothing in this section shall be construed to prohibit an institution
from making payments of varying amounts from a supplemental grant to a
student during an academic year to cover costs for a period which are
not applicable to other periods of such academic year.
(Pub. L. 89-329, title IV, 413B, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1328; amended Pub. L. 102-325, title
IV, 403(c), July 23, 1992, 106 Stat. 505.)
A prior section 1070b-1, Pub. L. 89-329, title IV, 413B, as added
Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 252;
amended Pub. L. 96-374, title IV, 403(c), Oct. 3, 1980, 94 Stat.
1405, related to amount and duration of supplemental educational
opportunity grants, prior to the general revision of this part by Pub.
L. 99-498.
1992 -- Subsec. (a)(1). Pub. L. 102-325, 403(c)(1), substituted
''Except as provided in paragraph (3), from'' for ''From'' in
introductory provisions and inserted ''or in a program of study abroad
that is approved for credit by the institution at which the student is
enrolled'' after ''course of study at the institution'' in subpar. (A).
Subsec. (a)(3). Pub. L. 102-325, 403(c)(2), added par. (3).
20 USC 1070b-2. Agreements with institutions; selection of recipients
TITLE 20 -- EDUCATION
(a) Institutional eligibility
Assistance may be made available under this subpart only to an
institution which --
(1) has, in accordance with section 1094 of this title, an agreement
with the Secretary applicable to this subpart;
(2) agrees that the Federal share of awards under this subpart will
not exceed 75 percent of such awards, except that the Federal share may
be exceeded if the Secretary determines, pursuant to regulations
establishing objective criteria for such determinations, that a larger
Federal share is required to further the purpose of this subpart; and
(3) agrees that the non-Federal share of awards made under this
subpart shall be made from the institution's own resources, including --
(A) institutional grants and scholarships;
(B) tuition or fee waivers;
(C) State scholarships; and
(D) foundation or other charitable organization funds.
(b) Eligibility for selection
Awards may be made under this subpart only to a student who --
(1) is an eligible student under section 1091 of this title; and
(2) makes application at a time and in a manner consistent with the
requirements of the Secretary and that institution.
(c) Selection of individuals and determination of amount of awards
(1) From among individuals who are eligible for supplemental grants
for each fiscal year, the institution shall, in accordance with the
agreement under section 1094 of this title, and within the amount
allocated to the institution for that purpose for that year under
section 1070b-3 of this title, select individuals who are to be awarded
such grants and determine, in accordance with section 1070b-1 of this
title, the amounts to be paid to them.
(2)(A) In carrying out paragraph (1) of this subsection, each
institution of higher education shall, in the agreement made under
section 1094 of this title, assure that the selection procedures --
(i) will be designed to award supplemental grants under this subpart,
first, to students with exceptional need, and
(ii) will give a priority for supplemental grants under this subpart
to students who receive Pell Grants and meet the requirements of section
1091 of this title.
(B) For the purpose of subparagraph (A), the term ''students with
exceptional need'' means students with the lowest expected family
contributions at the institution.
(d) Use of funds for less-than-full-time students
If the institution's allocation under this subpart is directly or
indirectly based in part on the financial need demonstrated by students
who are independent students or attending the institution less than full
time, a reasonable proportion of the institution's allocation shall be
made available to such students, except that if the total financial need
of all such students attending the institution exceeds 5 percent of the
need of all students attending such institution, then at least 5 percent
of such allotment shall be made available to such students.
(e) Use and transfer of funds for administrative expenses
An agreement entered into pursuant to this section shall provide that
funds granted to an institution of higher education may be used only to
make payments to students participating in a grant program authorized
under this subpart, except that an institution may use a portion of the
sums allocated to it under this subpart to meet administrative expenses
in accordance with section 1096 of this title.
(Pub. L. 89-329, title IV, 413C, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1329; amended Pub. L. 102-325, title
IV, 403(d)-(f), July 23, 1992, 106 Stat. 506.)
A prior section 1070b-2, Pub. L. 89-329, title IV, 413C, as added
Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 253;
amended Pub. L. 94-482, title I, 122(b), Oct. 12, 1976, 90 Stat.
2094; Pub. L. 96-374, title IV, 403(d), Oct. 3, 1980, 94 Stat. 1405,
related to selection of recipients of supplemental educational
opportunity grants and agreements with institutions, prior to the
general revision of this part by Pub. L. 99-498.
1992 -- Subsec. (a)(2). Pub. L. 102-325, 403(d), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''agrees
that the Federal share of awards under this subpart will not exceed --
''(A) 95 percent of such awards in fiscal year 1989,
''(B) 90 percent of such awards in fiscal year 1990, and
''(C) 85 percent of such awards in fiscal year 1991,
except that the Federal share may be exceeded if the Secretary
determines, pursuant to regulations establishing objective criteria for
such determinations, that a larger Federal share is required to further
the purpose of this subpart; and''.
Subsec. (d). Pub. L. 102-325, 403(e), inserted ''who are independent
students or'' after ''demonstrated by students'' and inserted before
period at end '', except that if the total financial need of all such
students attending the institution exceeds 5 percent of the need of all
students attending such institution, then at least 5 percent of such
allotment shall be made available to such students''.
Subsec. (e). Pub. L. 102-325, 403(f), struck out before period at
end '', and may transfer such funds in accordance with the provisions of
section 1095 of this title''.
Amendment by Pub. L. 102-325 effective July 23, 1992, except that
changes in subsec. (a)(2) of this section, relating to Federal share
for supplemental educational opportunity grant program, applicable to
funds provided for such program for award years beginning on or after
July 1, 1993, see section 410 of Pub. L. 102-325, set out as a note
under section 1070a of this title.
Section effective Oct. 17, 1986, except as otherwise provided, see
section 2 of Pub. L. 99-498, set out as a note under section 1001 of
this title.
Section 401(b)(5) of Pub. L. 99-498 provided that: ''Section
413C(c)(2) of the Act (20 U.S.C. 1070b-2(c)(2)) as amended by this
section shall apply to the awarding of grants under subpart 2 of part A
of title IV of the Act (this subpart) for periods of enrollment
beginning on or after July 1, 1987.''
20 USC 1070b-3. Allocation of funds
TITLE 20 -- EDUCATION
(a) Allocation based on previous allocation
(1) From the amount appropriated pursuant to section 1070b(b) of this
title for each fiscal year, the Secretary shall first allocate to each
eligible institution an amount equal to 100 percent of the amount such
institution received and used under this subpart for fiscal year 1985.
(2)(A) From the amount so appropriated, the Secretary shall next
allocate to each eligible institution that began participation in the
program under this subpart after fiscal year 1985 but is not a first or
second time participant, an amount equal to the greater of --
(i) $5,000; or
(ii) 90 percent of the amount received and used under this subpart
for the first year it participated in the program.
(B) From the amount so appropriated, the Secretary shall next
allocate to each eligible institution that began participation in the
program under this subpart after fiscal year 1985 and is a first or
second time participant, an amount equal to the greatest of --
(i) $5,000;
(ii) an amount equal to (I) 90 percent of the amount received and
used under this subpart in the second preceding fiscal year by eligible
institutions offering comparable programs of instruction, divided by
(II) the number of students enrolled at such comparable institutions in
such fiscal year, multiplied by (III) the number of students enrolled at
the applicant institution in such fiscal year; or
(iii) 90 percent of the institution's allocation under this part for
the preceding fiscal year.
(C) Notwithstanding subparagraphs (A) and (B) of this paragraph, the
Secretary shall allocate to each eligible institution which --
(i) was a first-time participant in the program in fiscal year 1986
or any subsequent fiscal year, and
(ii) received a larger amount under this subsection in the second
year of participation,
an amount equal to 90 percent of the amount it received under this
subsection in its second year of participation.
(3)(A) If the amount appropriated for any fiscal year is less than
the amount required to be allocated to all institutions under paragraph
(1) of this subsection, then the amount of the allocation to each such
institution shall be ratably reduced.
(B) If the amount appropriated for any fiscal year is more than the
amount required to be allocated to all institutions under paragraph (1)
but less than the amount required to be allocated to all institutions
under paragraph (2), then --
(i) the Secretary shall allot the amount required to be allocated to
all institutions under paragraph (1), and
(ii) the amount of the allocation to each institution under paragraph
(2) shall be ratably reduced.
(C) If additional amounts are appropriated for any such fiscal year,
such reduced amounts shall be increased on the same basis as they were
reduced (until the amount allocated equals the amount required to be
allocated under paragraphs (1) and (2) of this subsection).
(4)(A) Notwithstanding any other provision of this section, the
Secretary may allocate an amount equal to not more than 10 percent of
the amount by which the amount appropriated in any fiscal year to carry
out this part exceeds $700,000,000 among eligible institutions described
in subparagraph (B).
(B) In order to receive an allocation pursuant to subparagraph (A) an
institution shall be an eligible institution from which 50 percent or
more of the Pell Grant recipients attending such eligible institution
graduate from or transfer to a 4-year institution of higher education.
(b) Allocation of excess based on pro rata share
From one-quarter of the remainder of the amount appropriated pursuant
to section 1070b(b) of this title for any fiscal year (after making the
allocations required by subsection (a) of this section), the Secretary
shall allocate to each eligible institution an amount which bears the
same ratio to such one-quarter as the amount the eligible institution
receives for such fiscal year under subsection (a) of this section bears
to the amount all such institutions receive under such subsection (a) of
this section.
(c) Allocation of excess based on fair share
(1) From three-quarters of the remainder of the amount appropriated
pursuant to section 1070b(b) of this title for each year (after making
the allocations required by subsection (a) of this section), the
Secretary shall allocate to each eligible institution which has an
excess eligible amount an amount which bears the same ratio to such
remainder as such excess eligible amount bears to the sum of the excess
eligible amounts of all such eligible institutions (having such excess
eligible amounts).
(2) For any eligible institution, the excess eligible amount is the
amount, if any, by which --
(A)(i) the amount of that institution's need (as determined under
subsection (d) of this section), divided by (ii) the sum of the need of
all institutions (as so determined), multiplied by (iii) the amount
appropriated pursuant to section 1070b(b) of this title of the fiscal
year; exceeds
(B) the amount required to be allocated to that institution under
subsection (a) of this section.
(d) Determination of institution's need
(1) The amount of an institution's need is equal to --
(A) the sum of the need of the institution's eligible undergraduate
students; minus
(B) the sum of grant aid received by students under subparts 1 and 3
/1/ of this part.
(2) To determine the need of an institution's eligible undergraduate
students, the Secretary shall --
(A) establish various income categories for dependent and independent
undergraduate students;
(B) establish an expected family contribution for each income
category of dependent and independent undergraduate students, determined
on the basis of the average expected family contribution (computed in
accordance with part E of this subchapter) of a representative sample
within each income category for the second preceding fiscal year;
(C) compute 75 percent of the average cost of attendance for all
undergraduate students;
(D) multiply the number of eligible dependent students in each income
category by 75 percent of the average cost of attendance for all
undergraduate students determined under subparagraph (C), minus the
expected family contribution determined under subparagraph (B) for that
income category, except that the amount computed by such subtraction
shall not be less than zero;
(E) add the amounts determined under subparagraph (D) for each income
category of dependent students;
(F) multiply the number of eligible independent students in each
income category by 75 percent of the average cost of attendance for all
undergraduate students determined under subparagraph (C), minus the
expected family contribution determined under subparagraph (B) for that
income category, except that the amount computed by such subtraction
shall not be less than zero;
(G) add the amounts determined under subparagraph (F) for each income
category of independent students; and
(H) add the amounts determined under subparagraphs (E) and (G).
(3)(A) For purposes of paragraph (2), the term ''average cost of
attendance'' means the average of the attendance costs for undergraduate
students, which shall include (i) tuition and fees determined in
accordance with subparagraph (B), (ii) standard living expenses
determined in accordance with subparagraph (C), and (iii) books and
supplies determined in accordance with subparagraph (D).
(B) The average undergraduate tuition and fees described in
subparagraph (A)(i) shall be computed on the basis of information
reported by the institution to the Secretary, which shall include (i)
total revenue received by the institution from undergraduate tuition and
fees for the second year preceding the year for which it is applying for
an allocation, and (ii) the institution's enrollment for such second
preceding year.
(C) The standard living expense described in subparagraph (A)(ii) is
equal to three-fourths in the Pell Grant family size offset for a single
independent student.
(D) The allowance for books and supplies described in subparagraph
(A)(iii) is equal to $450.
(e) Reallocation of excess allocations
(1) If an institution returns to the Secretary any portion of the
sums allocated to such institution under this section for any fiscal
year the Secretary shall, in accordance with regulations, reallocate
such excess to other institutions.
(2) If under paragraph (1) of this subsection an institution returns
more than 10 percent of its allocation, the institution's allocation for
the next fiscal year shall be reduced by the amount returned. The
Secretary may waive this paragraph for a specific institution if the
Secretary finds that enforcing this paragraph would be contrary to the
interest of the program.
(f) Filing deadlines
The Secretary shall, from time to time, set dates before which
institutions must file applications for allocations under this part.
(Pub. L. 89-329, title IV, 413D, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1330; amended Pub. L. 100-50, 4, June
3, 1987, 101 Stat. 340; Pub. L. 102-325, title IV, 403(g), (h), July
23, 1992, 106 Stat. 506.)
Subpart 3 of this part, referred to in subsec. (d)(1)(B), was
redesignated subpart 4 by Pub. L. 102-325, title IV, 402(a)(2), July
23, 1992, 106 Stat. 482, and former subpart 2 (this subpart) was
redesignated as subpart 3.
A prior section 1070b-3, Pub. L. 89-329, title IV, 413D, as added
Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 254;
amended Pub. L. 96-374, title IV, 403(e), (f), title XIII,
1391(a)(1), Oct. 3, 1980, 94 Stat. 1405, 1406, 1503, related to
apportionment and allocation of funds for supplemental educational
opportunity grants, prior to the general revision of this part by Pub.
L. 99-498.
1992 -- Subsec. (a)(4). Pub. L. 102-325, 403(g), added par. (4).
Subsec. (e). Pub. L. 102-325, 403(h), designated existing provisions
as par. (1) and added par. (2).
1987 -- Subsec. (d)(2)(D). Pub. L. 100-50, 4(a)(1), added subpar.
(D) and struck out former subpar. (D) which read as follows:
''multiply the number of eligible dependent students in each income
category by the lesser of --
''(i) 75 percent of the average cost of attendance for all
undergraduate students determined under subparagraph (C); or
''(ii) the average cost of attendance for all undergraduate students
minus the expected family contribution determined under subparagraph (B)
for that income category, except that the amount computed by such
subtraction shall not be less than zero;''.
Subsec. (d)(2)(F). Pub. L. 100-50, 4(a)(2), added subpar. (F) and
struck out former subpar. (F) which read as follows: ''multiply the
number of eligible independent students in each income category by the
lesser of --
''(i) 75 percent of the average cost of attendance for all
undergraduate students determined under subparagraph (C); or
''(ii) the average cost of attendance for all undergraduate students
minus the expected family contribution determined under subparagraph (B)
for that income category, except that the amount computed by such
subtraction for any income category shall not be less than zero;''.
Subsec. (d)(3)(A). Pub. L. 100-50, 4(b)(1), struck out ''and for
graduate and professional students'' after ''undergraduate students''.
Subsec. (d)(3)(B). Pub. L. 100-50, 4(b)(2), struck out ''and
graduate and professional'' after ''average undergraduate'' and struck
out ''and graduate'' after ''from undergraduate''.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
Section 401(b)(6) of Pub. L. 99-498, as added by Pub. L. 100-50,
22(a)(2), June 3, 1987, 101 Stat. 361, provided that: ''The changes
made in section 413D of the Act (this section) shall apply with respect
to the allocation of funds for the academic year 1988-1989 and
succeeding academic years.''
/1/ See References in Text note below.
20 USC subpart 4 -- grants to states for state student incentives
TITLE 20 -- EDUCATION
Pub. L. 102-325, title IV, 402(a)(1), (2), July 23, 1992, 106 Stat.
482, redesignated former subpart 3 as 4 and repealed former subpart 4,
comprising sections 1070d to 1070d-1d, which authorized special programs
for students from disadvantaged backgrounds.
20 USC 1070c. Purpose; appropriations authorized
TITLE 20 -- EDUCATION
(a) Purpose of subpart
It is the purpose of this subpart to make incentive grants available
to States to assist States in providing grants to --
(1) eligible students attending institutions of higher education or
participating in programs of study abroad that are approved for credit
by institutions of higher education at which such students are enrolled;
and
(2) eligible students for campus-based community service work-study.
(b) Authorization of appropriations; availability
(1) In general
There are authorized to be appropriated $105,000,000 for fiscal year
1993, and such sums as may be necessary for each of the 4 succeeding
fiscal years.
(2) Availability
Sums appropriated pursuant to the authority of paragraph (1) for any
fiscal year shall remain available for payments to States under this
subpart until the end of the fiscal year succeeding the fiscal year for
which such sums were appropriated.
(Pub. L. 89-329, title IV, 415A, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1332; amended Pub. L. 102-325, title
IV, 404(a), July 23, 1992, 106 Stat. 506.)
A prior section 1070c, Pub. L. 89-329, title IV, 415A, as added
Pub. L. 92-318, title I 131(b)(1), June 23, 1972, 86 Stat. 255;
amended Pub. L. 94-482, title I, 123(a), (c)(1), Oct. 12, 1976, 90
Stat. 2094; Pub. L. 95-43, 1(b)(3), June 15, 1977, 91 Stat. 218;
Pub. L. 96-49, 5(a)(4), Aug. 13, 1979, 93 Stat. 352; Pub. L.
96-374, title IV, 404(a), Oct. 3, 1980, 94 Stat. 1406, related to
purpose and authorization of appropriations for grants to States for
State student incentives, prior to the general revision of this part by
Pub. L. 99-498.
1992 -- Pub. L. 102-325 amended section generally. Prior to
amendment, section read as follows:
''(a) Purpose of Subpart. -- It is the purpose of this subpart to
make incentive grants available to the States to assist them in
providing grants to eligible students attending institutions of higher
education and grants to eligible students for campus-based community
service work learning study.
''(b) Authorization of Appropriations; Availability. -- (1) There
are authorized to be appropriated $85,000,000 for fiscal year 1987, and
such sums as may be necessary for the 4 succeeding fiscal years.
''(2) Sums appropriated pursuant to paragraph (1) for any fiscal year
shall remain available for payments to States under this subpart until
the end of the fiscal year succeeding the fiscal year for which such
sums were appropriated.''
20 USC 1070c-1. Allotment among States
TITLE 20 -- EDUCATION
(a) Allotment based on number of eligible students in attendance
(1) From the sums appropriated pursuant to section 1070c(b)(1) of
this title for any fiscal year, the Secretary shall allot to each State
an amount which bears the same ratio to such sums as the number of
students who are deemed eligible in such State for participation in the
grant program authorized by this subpart bears to the total number of
such students in all the States, except that no State shall receive less
than the State received for fiscal year 1979.
(2) For the purpose of this subsection, the number of students who
are deemed eligible in a State for participation in the grant program
authorized by this subpart, and the number of such students in all the
States, shall be determined for the most recent year for which
satisfactory data are available.
(b) Reallotment
The amount of any State's allotment under subsection (a) of this
section for any fiscal year which the Secretary determines will not be
required for such fiscal year for the State student grant incentive
program of that State shall be available for reallotment from time to
time, on such dates during such year as the Secretary may fix, to other
States in proportion to the original allotments to such States under
such part for such year, but with such proportionate amount for any of
such States being reduced to the extent it exceeds the sum the Secretary
estimates such State needs and will be able to use for such year for
carrying out the State plan. 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 part during
a year from funds appropriated pursuant to section 1070c(b)(1) of this
title shall be deemed part of its allotment under subsection (a) of this
section for such year.
(c) Allotments subject to continuing compliance
The Secretary shall make payments for continuing incentive grants
only to States which continue to meet the requirements of section
1070c-2(b) of this title.
(Pub. L. 89-329, title IV, 415B, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1333.)
A prior section 1070c-1, Pub. L. 89-329, title IV, 415B, as added
Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 256;
amended Pub. L. 94-482, title I, 123(c)(2), Oct. 12, 1976, 90 Stat.
2094; Pub. L. 96-374, title IV, 404(b), title XIII, 1391(a)(1), Oct.
3, 1980, 94 Stat. 1407, 1503, related to allotment among States of
amounts for grants to States for State student incentives, prior to the
general revision of this part by Pub. L. 99-498.
20 USC 1070c-2. Applications for State student incentive grant
programs
TITLE 20 -- EDUCATION
(a) Submission and contents of applications
A State which desires to obtain a payment under this subpart for any
fiscal year shall submit annually an application therefor through the
State agency administering its program under this subpart as of July 1,
1985, unless the Governor of that State so designates, in writing, a
different agency to administer the program. The application shall
contain such information as may be required by, or pursuant to,
regulation for the purpose of enabling the Secretary to make the
determinations required under this subpart.
(b) Payment of Federal share of grants made by qualified program
From a State's allotment under this subpart for any fiscal year the
Secretary is authorized to make payments to such State for paying up to
50 percent of the amount of student grants pursuant to a State program
which --
(1) is administered by a single State agency;
(2) provides that such grants will be in amounts not in excess of
$5,000 per academic year (A) for attendance on a full-time basis at an
institution of higher education, and (B) for campus-based community
service work learning study jobs;
(3) provides that --
(A) not more than 20 percent of the allotment to the State for each
fiscal year may be used for the purpose described in paragraph (2)(B);
(B) grants for the campus-based community work learning study jobs
may be made only to students who are otherwise eligible for assistance
under this subpart; and
(C) grants for such jobs be made in accordance with the provisions of
section 2753(b)(1) of title 42;
(4) provides for the selection of recipients of such grants or of
such State work-study jobs on the basis of substantial financial need
determined annually on the basis of criteria established by the State
and approved by the Secretary, except that for the purpose of collecting
data to make such determination of financial need, no student or parent
shall be charged a fee that is payable to an entity other than such
State;
(5) provides that, effective with respect to any academic year
beginning on or after October 1, 1978, all nonprofit institutions of
higher education in the State are eligible to participate in the State
program, except in any State in which participation of nonprofit
institutions of higher education is in violation of the constitution of
the State or in any State in which participation of nonprofit
institutions of higher education is in violation of a statute of the
State which was enacted prior to October 1, 1978;
(6) provides for the payment of the non-Federal portion of such
grants or of such work-study jobs from funds supplied by such State
which represent an additional expenditure for such year by such State
for grants or work-study jobs for students attending institutions of
higher education over the amount expended by such State for such grants
or work-study jobs, if any, during the second fiscal year preceding the
fiscal year in which such State initially received funds under this
subpart;
(7) provides that if the State's allocation under this subpart is
based in part on the financial need demonstrated by students who are
independent students or attending the institution less than full time, a
reasonable proportion of the State's allocation shall be made available
to such students. /1/
(8) provides for State expenditures under such program of an amount
not less than the average annual aggregate expenditures for the
preceding three fiscal years or the average annual expenditure per
full-time equivalent student for such years;
(9) provides (A) 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 State agency under this
subpart, and (B) for the making of such reports, in such form and
containing such information, as may be reasonably necessary to enable
the Secretary to perform his functions under this subpart; and
(10) for any academic year beginning after June 30, 1987, provides
the non-Federal share of the amount of student grants or work-study jobs
under this subpart through a direct appropriation of State funds for the
program under this subpart.
(c) Reservation and disbursement of allotments and reallotments
Upon his approval of any application for a payment under this
subpart, the Secretary shall reserve from the applicable allotment
(including any applicable reallotment) available therefor, the amount of
such payment, which (subject to the limits of such allotment or
reallotment) shall be equal to the Federal share of the cost of the
students' incentive grants or work-study jobs covered by such
application. The Secretary shall pay such reserved amount, in advance
or by way of reimbursement, and in such installments as the Secretary
may determine. The Secretary may amend the reservation of any amount
under this section, either upon approval of an amendment of the
application or upon revision of the estimated cost of the student grants
or work-study jobs with respect to which such reservation was made. If
the Secretary approves an upward revision of such estimated cost, the
Secretary may reserve the Federal share of the added cost only from the
applicable allotment (or reallotment) available at the time of such
approval.
(Pub. L. 89-329, title IV, 415C, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1333; amended Pub. L. 102-325, title
IV, 404(b)-(d), July 23, 1992, 106 Stat. 507.)
A prior section 1070c-2, Pub. L. 89-329, title IV, 415C, as added
Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 256;
amended Pub. L. 94-482, title I, 123(b), Oct. 12, 1976, 90 Stat.
2094; Pub. L. 95-43, 1(a)(6), June 15, 1977, 91 Stat. 213; Pub. L.
95-566, 3, Nov. 1, 1978, 92 Stat. 2403; Pub. L. 96-374, title IV,
404(c), title XIII, 1391(a)(1), (2), Oct. 3, 1980, 94 Stat. 1407,
1503, related to payment of grants to States for State student
incentives, prior to the general revision of this part by Pub. L.
99-498.
1992 -- Subsec. (b)(2). Pub. L. 102-325, 404(b), substituted
''$5,000'' for ''$2,500''.
Subsec. (b)(4). Pub. L. 102-325, 404(c), inserted before semicolon
at end '', except that for the purpose of collecting data to make such
determination of financial need, no student or parent shall be charged a
fee that is payable to an entity other than such State''.
Subsec. (b)(7). Pub. L. 102-325, 404(d), amended par. (7)
generally. Prior to amendment, par. (7) read as follows: ''provides
that, if the institution's allocation under this subpart is based in
part on the financial need demonstrated by students attending the
institution less than full time, a reasonable proportion of the
institution's allocation shall be made available to such students;''.
/1/ So in original. The period probably should be a semicolon.
20 USC 1070c-3. Administration of State programs; judicial review
TITLE 20 -- EDUCATION
(a) Disapproval of applications; suspension of eligibility
(1) The Secretary shall not finally disapprove any application for a
State program submitted under section 1070c-2 of this title, or any
modification thereof, without first affording the State agency
submitting the program reasonable notice and opportunity for a hearing.
(2) Whenever the Secretary, after reasonable notice and opportunity
for hearing to the State agency administering a State program approved
under this subpart, finds --
(A) that the State program has been so changed that it no longer
complies with the provisions of this subpart, or
(B) that in the administration of the program there is a failure to
comply substantially with any such provisions,
the Secretary shall notify such State agency that the State will not
be regarded as eligible to participate in the program under this subpart
until he is satisfied that there is no longer any such failure to
comply.
(b) Review of decisions
(1) If any State is dissatisfied with the Secretary's final action
with respect to the approval of its State program submitted under this
subpart or with his final action under subsection (a) of this section,
such State may appeal to the United States court of appeals for the
circuit in which such State is located. The summons and notice of
appeal may be served at any place in the United States. The
Commissioner shall forthwith certify and file in the court the
transcript of the proceedings and the record on which he based his
action.
(2) The findings of fact by the Secretary, if supported by
substantial evidence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary to take further
evidence, and the Secretary may thereupon make new or modified findings
of fact and may modify his previous action, and shall certify to the
court the transcript and record of further proceedings. Such new or
modified findings of fact shall likewise be conclusive if supported by
substantial evidence.
(3) The court shall have jurisdiction to affirm the action of the
Secretary 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 title 28, section
1254.
(Pub. L. 89-329, title IV, 415D, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1335.)
A prior section 1070c-3, Pub. L. 89-329, title IV, 415D, as added
Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat. 257;
amended Pub. L. 96-374, title XIII, 1391(a)(1), (2), Oct. 3, 1980, 94
Stat. 1503, related to administration of State programs and judicial
review, prior to the general revision of this part by Pub. L. 99-498.
20 USC 1070c-4. ''Community service'' defined
TITLE 20 -- EDUCATION
For the purpose of this subpart, the term ''community service'' means
services, including direct service, planning, and applied research which
are identified by an institution of higher education, through formal or
informal consultation with local nonprofit, governmental, and
community-based organizations, and which --
(1) are designed to improve the quality of life for community
residents, particularly low-income individuals, or to solve particular
problems related to the needs of such residents, including but not
limited to, such fields as health care, child care, education, literacy
training, welfare, social services, public safety, crime prevention and
control, transportation, recreation, housing and neighborhood
improvement, rural development, and community improvement; and
(2) provide participating students with work-learning opportunities
related to their educational or vocational programs or goals.
(Pub. L. 89-329, title IV, 415E, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1336; amended Pub. L. 100-50, 5, June
3, 1987, 101 Stat. 340.)
A prior section 1070c-4, Pub. L. 89-329, title IV, 415E, as added
Pub. L. 94-482, title I, 123(c)(3), Oct. 12, 1976, 90 Stat. 2094;
amended Pub. L. 95-43, 1(a)(7), June 15, 1977, 91 Stat. 213, which
related to a program of bonus allotments, was repealed by Pub. L.
96-374, title IV, 404(d), Oct. 3, 1980, 94 Stat. 1407, eff. Oct. 1,
1980.
1987 -- Par. (1). Pub. L. 100-50 substituted ''literacy'' for
''literary''.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
20 USC 1070d to 1070d-1d. Repealed. Pub. L. 102-325, title IV,
402(a)(1), July 23, 1992, 106 Stat. 482
TITLE 20 -- EDUCATION
Section 1070d, Pub. L. 89-329, title IV, 417A, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1336, related to
program authority and authorization of appropriations.
A prior section 1070d, Pub. L. 89-329, title IV, 417A, as added
Pub. L. 96-374, title IV, 405, Oct. 3, 1980, 94 Stat. 1407,
authorized a program of grants and contracts to assist students from
disadvantaged backgrounds, prior to the general revision of this part by
Pub. L. 99-498.
Another prior section 1070d, Pub. L. 89-329, title IV, 417A, as
added Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat.
258; amended Pub. L. 94-482, title I, 124(a), Oct. 12, 1976, 90
Stat. 2094; Pub. L. 96-49, 5(a)(5), Aug. 13, 1979, 93 Stat. 352;
Pub. L. 96-374, title XIII, 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503,
authorized the Secretary of Education to carry out special programs for
students from disadvantaged backgrounds and authorized appropriations
for such programs, prior to the general revision of this subpart by Pub.
L. 96-374.
Section 1070d-1, Pub. L. 89-329, title IV, 417B, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1337, authorized a
talent search program.
A prior section 1070d-1, Pub. L. 89-329, title IV, 417B, as added
Pub. L. 96-374, title IV, 405, Oct. 3, 1980, 94 Stat. 1408,
authorized a talent search program, prior to the general revision of
this part by Pub. L. 99-498.
Another prior section 1070d-1, Pub. L. 89-329, title IV, 417B, as
added Pub. L. 92-318, title I, 131(b)(1), June 23, 1972, 86 Stat.
258; amended Pub. L. 93-380, title VIII, 833(a), Aug. 21, 1974, 88
Stat. 603; Pub. L. 94-482, title I, 124(b), (c), Oct. 12, 1976, 90
Stat. 2094, 2095; Pub. L. 95-566, 4, Nov. 1, 1978, 92 Stat. 2403;
Pub. L. 96-374, title XIII, 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503,
specified the authorized activities of the Secretary of Education in
carrying out special programs for students from disadvantaged
backgrounds, prior to the general revision of this subpart by Pub. L.
96-374.
Section 1070d-1a, Pub. L. 89-329, title IV, 417C, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1338, authorized
an upward bound program.
A prior section 1070d-1a, Pub. L. 89-329, title IV, 417C, as added
Pub. L. 96-374, title IV, 405, Oct. 3, 1980, 94 Stat. 1409,
authorized an upward bound program, prior to the general revision of
this part by Pub. L. 99-498.
Section 1070d-1b, Pub. L. 89-329, title IV, 417D, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1339; amended
Pub. L. 100-50, 6, June 3, 1987, 101 Stat. 340; Pub. L. 100-418,
title VI, 6271, Aug. 23, 1988, 102 Stat. 1523, related to student
support services program.
A prior section 1070d-1b, Pub. L. 89-329, title IV, 417D, as added
Pub. L. 96-374, title IV, 405, Oct. 3, 1980, 94 Stat. 1410,
authorized a special services for disadvantaged students program, prior
to the general revision of this part by Pub. L. 99-498.
Section 1070d-1c, Pub. L. 89-329, title IV, 417E, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1340, authorized
an educational opportunity centers program.
A prior section 1070d-1c, Pub. L. 89-329, title IV, 417E, as added
Pub. L. 96-374, title IV, 405, Oct. 3, 1980, 94 Stat. 1410,
authorized an educational opportunity centers program, prior to the
general revision of this part by Pub. L. 99-498.
Section 1070d-1d, Pub. L. 89-329, title IV, 417F, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1341, related to
staff development activities.
A prior section 1070d-1d, Pub. L. 89-329, title IV, 417F, as added
Pub. L. 96-374, title IV, 405, Oct. 3, 1980, 94 Stat. 1411,
authorized grants for staff training, prior to the general revision of
this part by Pub. L. 99-498.
20 USC subpart 5 -- special programs for students whose families are
engaged in migrant and seasonal farmwork
TITLE 20 -- EDUCATION
20 USC 1070d-2. Maintenance and expansion of existing programs
TITLE 20 -- EDUCATION
(a) Program authority
The Secretary shall maintain and expand existing secondary and
postsecondary high school equivalency program and college assistance
migrant program projects located at institutions of higher education or
at private nonprofit organizations working in cooperation with
institutions of higher education.
(b) Services provided by high school equivalency program
The services authorized by this subpart for the high school
equivalency program include --
(1) recruitment services to reach persons --
(A)(i) who are 16 years of age and over; or
(ii) who are beyond the age of compulsory school attendance in the
State in which such persons reside and are not enrolled in school;
(B)(i) who themselves, or whose parents, have spent a minimum of 75
days during the past 24 months in migrant and seasonal farmwork; or
(ii) who are eligible to participate, or have participated within the
preceding 2 years, in programs under subpart 1 of part D of chapter 1 of
title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2781 et seq.) or section 1672 of title 29; and
(C) who lack a high school diploma or its equivalent;
(2) educational services which provide instruction designed to help
students obtain a general education diploma which meets the guidelines
established by the State in which the project is located for high school
equivalency;
(3) supportive services which include the following:
(A) personal, vocational, and academic counseling;
(B) placement services designed to place students in a university,
college, or junior college program, or in military service or career
positions; and
(C) health services;
(4) information concerning, and assistance in obtaining, available
student financial aid;
(5) weekly stipends for high school equivalency program participants;
(6) housing for those enrolled in residential programs;
(7) exposure to cultural events, academic programs, and other
educational and cultural activities usually not available to migrant
youth; and
(8) other essential supportive services, as needed to ensure the
success of eligible students.
(c) Services provided by college assistance migrant program
(1) Services authorized by this subpart for the college assistance
migrant program include --
(A) outreach and recruitment services to reach persons who themselves
or whose parents have spent a minimum of 75 days during the past 24
months in migrant and seasonal farmwork or who have participated or are
eligible to participate, in programs under subpart 1 of part D of
chapter 1 of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 2781 et seq.) or section 1672 of title 29, and who meet
the minimum qualifications for attendance at a college or university;
(B) supportive and instructional services which include:
(i) personal, academic, and career counseling as an ongoing part of
the program;
(ii) tutoring and academic skill building instruction and assistance;
(iii) assistance with special admissions;
(iv) health services; and
(v) other services as necessary to assist students in completing
program requirements;
(C) assistance in obtaining student financial aid which includes, but
is not limited to:
(i) stipends;
(ii) scholarships;
(iii) student travel;
(iv) career oriented work study;
(v) books and supplies;
(vi) tuition and fees;
(vii) room and board; and
(viii) other assistance necessary to assist students in completing
their first year of college;
(D) housing support for students living in institutional facilities
and commuting students;
(E) exposure to cultural events, academic programs, and other
activities not usually available to migrant youth; and
(F) other support services as necessary to ensure the success of
eligible students.
(2) A recipient of a grant to operate a college assistance migrant
program under this subpart shall provide followup services for migrant
students after such students have completed their first year of college,
and shall not use more than 10 percent of such grant for such followup
services. Such followup services may include --
(A) monitoring and reporting the academic progress of students who
participated in the project during such student's first year of college
and during such student's subsequent years in college; and
(B) referring such students to on- or off-campus providers of
counseling services, academic assistance, or financial aid.
(d) Management plan required
Each project application shall include a management plan which
contains assurances that staff shall have a demonstrated knowledge and
be sensitive to the unique characteristics and needs of the migrant and
seasonal farmworker population, and provisions for:
(1) staff in-service training;
(2) training and technical assistance;
(3) staff travel;
(4) student travel;
(5) interagency coordination; and
(6) an evaluation plan.
(e) Five-year grant period; consideration of prior experience
Except under extraordinary circumstances, the Secretary shall award
grants for a 5-year period. For the purpose of making grants under this
subpart, the Secretary shall consider the prior experience of service
delivery under the particular project for which funds are sought by each
applicant. Such prior experience shall be awarded the same level of
consideration given this factor for applicants for programs authorized
by subpart 4 /1/ of this part in accordance with section 1070d(b)(2) /1/
of this title.
(f) Minimum allocations
The Secretary shall not allocate an amount less than --
(1) $150,000 for each project under the high school equivalency
program, and
(2) $150,000 for each project under the college assistance migrant
program.
(g) Authorization of appropriations
(1) There are authorized to be appropriated for the high school
equivalency program $15,000,000 for fiscal year 1993 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
(2) There are authorized to be appropriated for the college
assistance migrant program $5,000,000 for fiscal year 1993 and such sums
as may be necessary for each of the 4 succeeding fiscal years.
(Pub. L. 89-329, title IV, 418A, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1341; amended Pub. L. 100-50, 7, June
3, 1987, 101 Stat. 340; Pub. L. 102-325, title IV, 405, July 23, 1992,
106 Stat. 507.)
The Elementary and Secondary Education Act of 1965, referred to in
subsecs. (b)(1)(B)(ii) and (c)(1)(A), is Pub. L. 89-10, Apr. 11,
1965, 79 Stat. 27, as amended generally by Pub. L. 100-297, Apr. 28,
1988, 102 Stat. 140. Subpart 1 of part D of chapter 1 of title I of the
Act is classified generally to subpart 1 ( 2781 et seq.) of part D of
division 1 of subchapter I of chapter 47 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of this title and Tables.
Subpart 4 of this part, including section 1070d(b)(2) of this title,
referred to in subsec. (e), was repealed and subpart 3 was redesignated
subpart 4 by Pub. L. 102-325, title IV, 402(a)(1), (2), July 23, 1992,
106 Stat. 482.
A prior section 1070d-2, Pub. L. 89-329, title IV, 418A, as added
Pub. L. 96-374, title IV, 406, Oct. 3, 1980, 94 Stat. 1411, related
to secondary and postsecondary high school equivalency programs and
college assistance migrant programs, prior to the general revision of
this part by Pub. L. 99-498.
Another prior section 1070d-2, Pub. L. 89-329, title IV, 418A, as
added Pub. L. 94-482, title I, 125, Oct. 12, 1976, 90 Stat. 2096;
amended Pub. L. 96-49, 5(a)(6), Aug. 13, 1979, 93 Stat. 352, which
provided for the Educational Information Centers program, was repealed
by Pub. L. 96-374, title I, 101(b), Oct. 3, 1980, 94 Stat. 1383. See
section 1070d-1c of this title.
A prior section 1070d-3, Pub. L. 89-329, title IV, 418B, as added
Pub. L. 94-482, title I, 125, Oct. 12, 1976, 90 Stat. 2097, which
related to administration by States of Educational Information Centers
program, was repealed by Pub. L. 96-374, title I, 101(b), Oct. 3,
1980, 94 Stat. 1383, eff. Oct. 1, 1980.
1992 -- Subsec. (b)(1). Pub. L. 102-325, 405(a)(1)(A), added par.
(1) and struck out former par. (1) which read as follows:
''recruitment services to reach persons who are 17 years of age and
over, who themselves or whose parents have spent a minimum of 75 days
during the past 24 months in migrant and seasonal farmwork, and who lack
a high school diploma or its equivalent;''.
Subsec. (b)(4). Pub. L. 102-325, 405(a)(1)(B), inserted comma after
''concerning'' and after ''obtaining''.
Subsec. (c). Pub. L. 102-325, 405(a)(2), (b), designated existing
provisions as par. (1), redesignated former par. (1) as subpar. (A)
and amended it generally, redesignated par. (2) and its subpars. (A)
to (E) as subpar. (B) and cls. (i) to (v), respectively, redesignated
par. (3) and its subpars. (A) to (H) as subpar. (C) and cls. (i) to
(viii), respectively, redesignated pars. (4) to (6) as subpars. (D) to
(F), respectively, and added par. (2). Prior to amendment, par. (1)
read as follows: ''outreach and recruitment services to reach persons
who themselves or whose parents have spent a minimum of 75 days during
the past 24 months in migrant and seasonal farmwork, and who meet the
minimum qualifications for attendance at a college or university;''.
Subsec. (e). Pub. L. 102-325, 405(c), substituted ''Five-year'' for
''Three-year'' in heading and ''5-year'' for ''3-year'' in text.
Subsec. (g). Pub. L. 102-325, 405(d), amended subsec. (g)
generally, substituting present provisions for former provisions which
authorized appropriations for fiscal years 1987 through 1991.
1987 -- Subsec. (g). Pub. L. 100-50 amended subsec. (g) generally.
Prior to amendment, subsec. (g) read as follows: ''There is authorized
to be appropriated for this part $9,000,000 for fiscal year 1987, and
such sums as may be necessary for the 4 succeeding fiscal years.''
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
/1/ See References in Text note below.
20 USC subpart 6 -- robert c. byrd honors scholarship program
TITLE 20 -- EDUCATION
20 USC 1070d-31. Statement of purpose
TITLE 20 -- EDUCATION
It is the purpose of this subpart to establish a Robert C. Byrd
Honors Scholarship Program to promote student excellence and achievement
and to recognize exceptionally able students who show promise of
continued excellence.
(Pub. L. 89-329, title IV, 419A, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1343.)
A prior section 1070d-31, Pub. L. 89-329, title IV, 419A, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2900,
and amended Pub. L. 99-145, title XVI, 1627(a), Nov. 8, 1985, 99
Stat. 779, provided statement of purpose for Robert C. Byrd Honors
Scholarship Program, prior to the general revision of this part by Pub.
L. 99-498.
20 USC 1070d-32. Repealed. Pub. L. 102-325, title IV, 406(a), July
23, 1992, 106 Stat. 508
TITLE 20 -- EDUCATION
Section, Pub. L. 89-329, title IV, 419B, as added Pub. L. 99-498,
title IV, 401(a), Oct. 17, 1986, 100 Stat. 1343, defined terms used
in this subpart.
A prior section 1070d-32, Pub. L. 89-329, title IV, 419B, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2900,
defined terms used in this subpart, prior to the general revision of
this part by Pub. L. 99-498.
20 USC 1070d-33. Scholarships authorized
TITLE 20 -- EDUCATION
(a) Program authority
The Secretary is authorized, in accordance with the provisions of
this subpart, to make grants to States to enable the States to award
scholarships to individuals who have demonstrated outstanding academic
achievement and who show promise of continued academic achievement.
(b) Period of award
Scholarships under this section shall be awarded for a period of not
more than 4 years for the first 4 years of study at any institution of
higher education eligible to participate in any programs assisted under
this subchapter and part C of subchapter I of chapter 34 of title 42.
(c) Use at any institution permitted
A student awarded a scholarship under this subpart may attend any
institution of higher education.
(d) Byrd Scholars
Individuals awarded scholarships under this subpart shall be known as
''Byrd Scholars''.
(Pub. L. 89-329, title IV, 419C, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1344; amended Pub. L. 102-325, title
IV, 406(b), July 23, 1992, 106 Stat. 508.)
A prior section 1070d-33, Pub. L. 89-329, title IV, 419C, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2900;
amended Pub. L. 99-145, title XVI, 1627(b), Nov. 8, 1985, 99 Stat.
779, authorized the award of scholarships under Robert C. Byrd Honors
Scholarship Program, prior to the general revision of this part by Pub.
L. 99-498.
1992 -- Subsec. (b). Pub. L. 102-325 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''Scholarships under
this section shall be awarded for a period of one academic year for the
first year of study at an institution of higher education.''
20 USC 1070d-34. Allocation among States
TITLE 20 -- EDUCATION
(a) Allocation formula
From the sums appropriated pursuant to the authority of section
1070d-41 of this title for any fiscal year, the Secretary shall allocate
to each State that has an agreement under section 1070d-35 of this title
an amount equal to $1,500 multiplied by the number of scholarships
determined by the Secretary to be available to such State in accordance
with subsection (b) of this section.
(b) Number of scholarships available
The number of scholarships to be made available in a State for any
fiscal year shall bear the same ratio to the number of scholarships made
available to all States as the State's population ages 5 through 17
bears to the population ages 5 through 17 in all the States, except that
not less than 10 scholarships shall be made available to any State.
(c) Use of census data
For the purpose of this section, the population ages 5 through 17 in
a State and in all the States shall be determined by the most recently
available data, satisfactory to the Secretary, from the Bureau of the
Census.
(Pub. L. 89-329, title IV, 419D, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1344; amended Pub. L. 102-325, title
IV, 406(c), July 23, 1992, 106 Stat. 509.)
A prior section 1070d-34, Pub. L. 89-329, title IV, 419D, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2901,
related to allocation among States of amounts for Robert C. Byrd Honors
Scholarship Program, prior to the general revision of this part by Pub.
L. 99-498.
1992 -- Pub. L. 102-325 amended section generally. Prior to
amendment, section read as follows: ''From the sums appropriated
pursuant to section 1070d-41 of this title for any fiscal year, the
Secretary shall allocate to each State having an agreement under section
1070d-35 of this title --
''(1) $1,500 multiplied by the number of individuals in the State
eligible for scholarships pursuant to section 1070d-37(b) of this title,
plus
''(2) $10,000, plus 5 percent of the amount to which a State is
eligible under paragraph (1) of this section.''
20 USC 1070d-35. Agreements
TITLE 20 -- EDUCATION
The Secretary shall enter into an agreement with each State desiring
to participate in the scholarship program authorized by this subpart.
Each such agreement shall include provisions designed to assure that --
(1) the State educational agency will administer the scholarship
program authorized by this subpart in the State;
(2) the State educational agency will comply with the eligibility and
selection provisions of this subpart;
(3) the State educational agency will conduct outreach activities to
publicize the availability of scholarships under this subpart to all
eligible students in the State, with particular emphasis on activities
designed to assure that students from low-income and moderate-income
families have access to the information on the opportunity for full
participation in the scholarship program authorized by this subpart;
and
(4) the State educational agency will pay to each individual in the
State who is awarded a scholarship under this subpart $1,500.
(Pub. L. 89-329, title IV, 419E, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1344; amended Pub. L. 102-325, title
IV, 406(g)(2), (3), July 23, 1992, 106 Stat. 509.)
A prior section 1070d-35, Pub. L. 89-329, title IV, 419E, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2901;
amended Pub. L. 99-145, title XVI, 1627(c), Nov. 8, 1985, 99 Stat.
779, related to agreements with States for participation in the Robert
C. Byrd Honors Scholarship Program, prior to the general revision of
this part by Pub. L. 99-498.
1992 -- Par. (3). Pub. L. 102-325, 406(g)(2)(A), inserted ''and''
after semicolon.
Par. (4). Pub. L. 102-325, 406(g)(2)(B), substituted ''$1,500.'' for
''$1,500 at an awards ceremony in accordance with section 1070d-39 of
this title; and''.
Par. (5). Pub. L. 102-325, 406(g)(3), which directed that par. (5)
be struck out without specifying the section to which the amendment
applied, was executed by striking out par. (5) of this section to
reflect the probable intent of Congress. Prior to amendment, par. (5)
read as follows: ''the State educational agency will use the amount of
the allocation described in paragraph (2) of section 1070d-34 of this
title for administrative expenses, including the conduct of the awards
ceremony required by section 1070d-39 of this title.''
20 USC 1070d-36. Eligibility of scholars
TITLE 20 -- EDUCATION
(a) High school graduation or equivalent and admission to institution
required
Each student awarded a scholarship under this subpart shall be a
graduate of a public or private secondary school or have the equivalent
of a certificate of graduation as recognized by the State in which the
student resides and must have been admitted for enrollment at an
institution of higher education.
(b) Selection based on promise of academic achievement
Each student awarded a scholarship under this subpart must
demonstrate outstanding academic achievement and show promise of
continued academic achievement.
(Pub. L. 89-329, title IV, 419F, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1344.)
A prior section 1070d-36, Pub. L. 89-329, title IV, 419F, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2901,
related to eligibility of students for scholarships under Robert C.
Byrd Honors Scholarship Program, prior to the general revision of this
part by Pub. L. 99-498.
20 USC 1070d-37. Selection of scholars
TITLE 20 -- EDUCATION
(a) Establishment of criteria
The State educational agency is authorized to establish the criteria
for the selection of scholars under this subpart.
(b) Adoption of procedures
The State educational agency shall adopt selection procedures
designed to ensure an equitable geographic distribution of awards within
the State (and in the case of the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, or Palau (until such time as the
Compact of Free Association is ratified), not to exceed 10 individuals
will be selected from such entities).
(c) Consultation requirement
In carrying out its responsibilities under subsections (a) and (b) of
this section, the State educational agency shall consult with school
administrators, school boards, teachers, counselors, and parents.
(d) Timing of selection
The selection process shall be completed, and the awards made, prior
to the end of each secondary school academic year.
(Pub. L. 89-329, title IV, 419G, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1345; amended Pub. L. 102-325, title
IV, 406(d), July 23, 1992, 106 Stat. 509.)
A prior section 1070d-37, Pub. L. 89-329, title IV, 419G, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2901,
related to selection of merit scholars under Robert C. Byrd Honors
Scholarship Program, prior to the general revision of this part by Pub.
L. 99-498.
1992 -- Subsec. (b). Pub. L. 102-325, 406(d)(1), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as follows: ''The
State educational agency shall adopt selection procedures which are
designed to assure that 10 individuals will be selected from among
residents of each congressional district in a State (and in the case of
the District of Columbia and the Commonwealth of Puerto Rico not to
exceed 10 individuals will be selected in such District or
Commonwealth).''
Subsec. (d). Pub. L. 102-325, 406(d)(2), added subsec. (d).
20 USC 1070d-38. Stipends and scholarship conditions
TITLE 20 -- EDUCATION
(a) Amount of award
Each student awarded a scholarship under this subpart shall receive a
stipend of $1,500 for the academic year of study for which the
scholarship is awarded, except that in no case shall the total amount of
financial aid awarded to such student exceed such student's total
cost-of-attendance.
(b) Use of award
The State educational agency shall establish procedures to assure
that a scholar awarded a scholarship under this subpart pursues a course
of study at an institution of higher education.
(Pub. L. 89-329, title IV, 419H, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1345; amended Pub. L. 102-325, title
IV, 406(e), July 23, 1992, 106 Stat. 509.)
A prior section 1070d-38, Pub. L. 89-329, title IV, 419H, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2902,
related to stipends and scholarship conditions for students receiving
scholarships under Robert C. Byrd Honors Scholarship Program, prior to
the general revision of this part by Pub. L. 99-498.
1992 -- Subsec. (a). Pub. L. 102-325 inserted before period at end
'', except that in no case shall the total amount of financial aid
awarded to such student exceed such student's total
cost-of-attendance''.
20 USC 1070d-39. Repealed. Pub. L. 102-325, title IV, 406(g)(1), July
23, 1992, 106 Stat. 509
TITLE 20 -- EDUCATION
Section, Pub. L. 89-329, title IV, 419I, as added Pub. L. 99-498,
title IV, 401(a), Oct. 17, 1986, 100 Stat. 1345, related to awards
ceremony.
A prior section 1070d-39, Pub. L. 89-329, title IV, 419I, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2902,
related to ceremony for awarding scholarships under Robert C. Byrd
Honors Scholarship Program, prior to the general revision of this part
by Pub. L. 99-498.
20 USC 1070d-40. Construction of needs provisions
TITLE 20 -- EDUCATION
Except as provided in section 1087kk of this title, nothing in this
subpart, or any other Act, shall be construed to permit the receipt of a
scholarship under this subpart to be counted for any needs test in
connection with the awarding of any grant or the making of any loan
under this chapter or any other provision of Federal law relating to
educational assistance.
(Pub. L. 89-329, title IV, 419J, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1345; amended Pub. L. 102-325, title
IV, 406(f), July 23, 1992, 106 Stat. 509.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 89-329, as amended, known as the Higher Education Act
of 1965. For complete classification of this Act to the Code, see Short
Title note set out under section 1001 of this title and Tables.
A prior section 1070d-40, Pub. L. 89-329, title IV, 419J, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2902,
provided that receipt of scholarship under Robert C. Byrd Honors
Scholarship Program not be counted for needs test for education grant or
loan, prior to the general revision of this part by Pub. L. 99-498.
1992 -- Pub. L. 102-325 substituted ''Except as provided in section
1087kk of this title, nothing'' for ''Nothing''.
20 USC 1070d-41. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated for this subpart $10,000,000
for fiscal year 1993 and such sums as may be necessary for each of the 4
succeeding fiscal years.
(Pub. L. 89-329, title IV, 419K, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1346; amended Pub. L. 102-325, title
IV, 406(h), July 23, 1992, 106 Stat. 509.)
A prior section 1070d-41, Pub. L. 89-329, title IV, 419K, as added
Pub. L. 98-558, title VIII, 801(a), Oct. 30, 1984, 98 Stat. 2902,
authorized appropriations for fiscal years 1986 to 1988 to carry out
Robert C. Byrd Honors Scholarship Program, prior to the general
revision of this part by Pub. L. 99-498.
1992 -- Pub. L. 102-325 amended section generally. Prior to
amendment, section read as follows: ''There are authorized to be
appropriated for this subpart $8,000,000 for fiscal year 1987, and such
sums as may be necessary for the 4 succeeding fiscal years.''
20 USC subpart 7 -- assistance to institutions of higher education
TITLE 20 -- EDUCATION
20 USC 1070e, 1070e-1. Repealed. Pub. L. 102-325, title IV, 407,
408, July 23, 1992, 106 Stat. 510
TITLE 20 -- EDUCATION
Section 1070e, Pub. L. 89-329, title IV, 420, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1346, related to
payments to institutions of higher education.
A prior section 1070e, Pub. L. 89-329, title IV, 420, formerly
419, as added Pub. L. 92-318, title X, 1001(a), June 23, 1972, 86
Stat. 375; amended Pub. L. 96-374, title XIII, 1391(a)(1), Oct. 3,
1980, 94 Stat. 1503; renumbered Pub. L. 98-558, title VIII,
801(b)(1), Oct. 30, 1984, 98 Stat. 2902, related to payments to
institutions of higher education, prior to the general revision of this
part by Pub. L. 99-498.
A prior section 420 of Pub. L. 89-329 was renumbered section 420A by
section 801(b)(2) of Pub. L. 98-558 and was classified to former
section 1070e-1 of this title.
Section 1070e-1, Pub. L. 89-329, title IV, 420A, as added Pub. L.
99-498, title IV, 401(a), Oct. 17, 1986, 100 Stat. 1348; amended
Pub. L. 100-50, 8, June 3, 1987, 101 Stat. 341; Pub. L. 102-54,
13(g)(2), June 13, 1991, 105 Stat. 275; Pub. L. 102-83, 5(c)(2), Aug.
6, 1991, 105 Stat. 406, related to veterans education outreach
program.
A prior section 1070e-1, Pub. L. 89-329, title IV, 420A, formerly
420, as added Pub. L. 92-318, title X, 1001(a), June 23, 1972, 86
Stat. 378; amended Pub. L. 93-380, title VIII, 834(a), Aug. 21,
1974, 88 Stat. 604; Pub. L. 94-482, title I, 126(a)-(c), Oct. 12,
1976, 90 Stat. 2098; Pub. L. 95-336, 6(a), Aug. 4, 1978, 92 Stat.
453; Pub. L. 96-49, 5(a)(7), Aug. 13, 1979, 93 Stat. 352; Pub. L.
96-374, title IV, 407, Oct. 3, 1980, 94 Stat. 1412; Pub. L. 97-300,
title I, 183, Oct. 13, 1982, 96 Stat. 1357; renumbered 420A, Pub.
L. 98-558, title VIII, 801(b)(2), Oct. 30, 1984, 98 Stat. 2902,
related to veterans' cost-of-instruction payments to institutions of
higher education, prior to the general revision of this part by Pub. L.
99-498.
20 USC subpart 8 -- special child care services for disadvantaged
college students
TITLE 20 -- EDUCATION
20 USC 1070f. Special child care services for disadvantaged college
students
TITLE 20 -- EDUCATION
(a) Program authority
Funds appropriated pursuant to subsection (c) of this section shall
be used by the Secretary to make grants to institutions of higher
education to provide special child care services to disadvantaged
students.
(b) Applications
Any institution wishing to receive a grant under this section shall
submit an application to the Secretary. Such application shall include
--
(1) a description of the program to be established;
(2) assurances by the applicant to the Secretary that --
(A) not less than two-thirds of the participants in the program are
low-income individuals;
(B) the participants require the services to pursue successfully a
program of education beyond high school;
(C) the participants are enrolled at the institution which is the
recipient of the grant;
(D) all participants will receive sufficient assistance (under this
subpart, other provisions of this subchapter and part C of subchapter I
of chapter 34 of title 42, or otherwise) to meet that student's full
financial need for child care services related to such enrollment; and
(E) the institution will meet such need of participants by providing
child care through vouchers, contracted services, or direct provision of
services; and
(3) such information (and meet such conditions) as may be required by
the Secretary.
(c) Authorization of appropriations
There are authorized to be appropriated to carry out the purpose of
this section, $20,000,000 for fiscal year 1993, and such sums as may be
necessary for the 4 succeeding fiscal years.
(d) ''Low-income individual'' defined
For purposes of this subpart, the term ''low-income individual''
means an individual from a family whose taxable income for the preceding
year did not exceed 150 percent of an amount equal to the poverty level
determined by using the criteria of poverty established by the Bureau of
the Census.
(Pub. L. 89-329, title IV, 420B, as added Pub. L. 99-498, title IV,
401(a), Oct. 17, 1986, 100 Stat. 1352; amended Pub. L. 100-50, 9, June
3, 1987, 101 Stat. 341; Pub. L. 102-325, title IV, 409, July 23, 1992,
106 Stat. 510.)
1992 -- Subsec. (c). Pub. L. 102-325 substituted ''$20,000,000 for
fiscal year 1993'' for ''$10,000,000 for fiscal year 1987''.
1987 -- Subsec. (b)(2)(B). Pub. L. 100-50, 9(1), redesignated
subpar. (C) as (B), substituted ''successfully a program'' for ''a
successful program'', and struck out former subpar. (B) which read as
follows: ''the remaining participants in the program are either
low-income individuals;''.
Subsec. (b)(2)(C) to (F). Pub. L. 100-50, 9(1)(C), redesignated
subpars. (D) to (F) as (C) to (E), respectively. Former subpar. (C)
redesignated (B).
Subsec. (d). Pub. L. 100-50, 9(2), in heading substituted
''Definition'' for ''Definitions'' and in text struck out provision
defining ''first generation college student'' as an individual both of
whose parents did not complete a baccalaureate degree or, in the case of
an individual who regularly resided with and received support from only
one parent, an individual whose only such parent did not complete a
baccalaureate degree.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
20 USC Part B -- Federal Family Education Loan Program
TITLE 20 -- EDUCATION
Part B of title IV of the Higher Education Act of 1965, comprising
this part, was originally enacted by Pub. L. 89-329, title IV, Nov. 8,
1965, 79 Stat. 1236, and amended by Pub. L. 89-698, Oct. 29, 1966, 80
Stat. 1066; Pub. L. 89-752, Nov. 3, 1966, 80 Stat. 1240; Pub. L.
89-794, Nov. 8, 1966, 80 Stat. 1451; Pub. L. 90-460, Aug. 3, 1968,
82 Stat. 634; Pub. L. 90-575, Oct. 16, 1968, 82 Stat. 1014; Pub. L.
91-206, Mar. 10, 1970, 84 Stat. 49; Pub. L. 92-318, June 23, 1972, 86
Stat. 235; Pub. L. 93-269, Apr. 18, 1974, 88 Stat. 87; Pub. L.
93-604, Jan. 2, 1975, 88 Stat. 1959; Pub. L. 94-273, Apr. 21, 1976,
90 Stat. 375; Pub. L. 94-328, June 30, 1976, 90 Stat. 727; Pub. L.
94-482, Oct. 12, 1976, 90 Stat. 2081; S. Res. 4, Feb. 4, 1977;
Pub. L. 95-43, June 15, 1977, 91 Stat. 213; Pub. L. 95-561, Nov. 1,
1978, 92 Stat. 2143; Pub. L. 95-566, Nov. 1, 1978, 92 Stat. 2402;
Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2549; Pub. L. 95-630, Nov.
10, 1978, 92 Stat. 3641; S. Res. 30, Mar. 7, 1979; Pub. L. 96-49,
Aug. 13, 1979, 93 Stat. 351; Pub. L. 96-88, Oct. 17, 1979, 93 Stat.
668; Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97-35,
Aug. 13, 1981, 95 Stat. 357; Pub. L. 97-115, Dec. 29, 1981, 95
Stat. 1595; Pub. L. 97-301, Oct. 13, 1982, 96 Stat. 1400; Pub. L.
98-79, Aug. 15, 1983, 97 Stat. 476; Pub. L. 99-272, Apr. 7, 1986,
100 Stat. 82; Pub. L. 99-320, May 23, 1986, 100 Stat. 491. Such part
is shown herein, however, as having been added by Pub. L. 99-498, title
IV, 402(a), Oct. 17, 1986, 100 Stat. 1353, without reference to such
intervening amendments because of the extensive revision of part B by
Pub. L. 99-498.
section 5379; title 10 sections 2171, 2172; title 26
sections 144, 6103; title 38 section 3698; title 42
sections 294a, 4953.
20 USC 1071. Statement of purpose; nondiscrimination; and
appropriations authorized
TITLE 20 -- EDUCATION
(a) Purpose; discrimination prohibited
(1) Purpose
The purpose of this part is to enable the Secretary --
(A) to encourage States and nonprofit private institutions and
organizations to establish adequate loan insurance programs for students
in eligible institutions (as defined in section 1085 of this title),
(B) to provide a Federal program of student loan insurance for
students or lenders who do not have reasonable access to a State or
private nonprofit program of student loan insurance covered by an
agreement under section 1078(b) of this title,
(C) to pay a portion of the interest on loans to qualified students
which are insured under this part, and
(D) to guarantee a portion of each loan insured under a program of a
State or of a nonprofit private institution or organization which meets
the requirements of section 1078(a)(1)(B) of this title.
(2) Discrimination by creditors prohibited
No agency, organization, institution, bank, credit union,
corporation, or other lender who regularly extends, renews, or continues
credit or provides insurance under this part shall exclude from receipt
or deny the benefits of, or discriminate against any borrower or
applicant in obtaining, such credit or insurance on the basis of race,
national origin, religion, sex, marital status, age, or handicapped
status.
(b) Authorization of appropriations
For the purpose of carrying out this part --
(1) there are authorized to be appropriated to the student loan
insurance fund (established by section 1081 of this title) (A) the sum
of $1,000,000, and (B) such further sums, if any, as may become
necessary for the adequacy of the student loan insurance fund,
(2) there are authorized to be appropriated, for payments under
section 1078 of this title with respect to interest on student loans and
for payments under section 1087 of this title, such sums for the fiscal
year ending June 30, 1966, and succeeding fiscal years, as may be
required therefor,
(3) there is authorized to be appropriated the sum of $17,500,000 for
making advances pursuant to section 1072 of this title for the reserve
funds of State and nonprofit private student loan insurance programs,
(4) there are authorized to be appropriated (A) the sum of
$12,500,000 for making advances after June 30, 1968, pursuant to
sections 1072(a) and (b) of this title, and (B) such sums as may be
necessary for making advances pursuant to section 1072(c) of this title,
for the reserve funds of State and nonprofit private student loan
insurance programs, and
(5) there are authorized to be appropriated such sums as may be
necessary for the purpose of paying an administrative cost allowance in
accordance with section 1078(f) of this title to guaranty agencies.
Sums appropriated under paragraphs (1), (2), (4), and (5) of this
subsection shall remain available until expended. No additional sums
are authorized to be appropriated under paragraphs (3) or (4) of this
subsection by reason of the reenactment of such paragraphs by the Higher
Education Amendments of 1986.
(c) Designation
The program established under this part shall be referred to as the
''Robert T. Stafford Federal Student Loan Program''. Loans made
pursuant to sections 1077 and 1078 of this title shall be known as
''Federal Stafford Loans''.
(d) Limitation on authorization to guarantee new loans under this
part
Notwithstanding any other provision of this part, no new loan
guarantees shall be issued after June 30, 1994, if the Secretary does
not issue final regulations implementing the changes made to this part
under the Higher Education Amendments of 1992 prior to that date. The
authority to issue new loan guarantees shall resume upon the Secretary's
issuance of such regulations. This subsection shall not provide the
basis for avoiding any requirements for notice and public hearing on
such regulations.
(Pub. L. 89-329, title IV, 421, as added Pub. L. 99-498, title IV,
402(a), Oct. 17, 1986, 100 Stat. 1353; amended Pub. L. 100-297, title
II, 2601(a), Apr. 28, 1988, 102 Stat. 330; Pub. L. 100-369, 8, July
18, 1988, 102 Stat. 837; Pub. L. 102-325, title IV, 411(a)(2), (c),
July 23, 1992, 106 Stat. 510, 511.)
The Higher Education Amendments of 1986, referred to in subsec. (b),
is Pub. L. 99-498, Oct. 17, 1986, 100 Stat. 1268. For complete
classification of this Act to the Code, see Short Title note set out
under section 1001 of this title and Tables.
The Higher Education Amendments of 1992, referred to in subsec. (d),
is Pub. L. 102-325, July 23, 1992, 106 Stat. 448. For complete
classification of this Act to the Code, see Short Title of 1992
Amendment note under section 1001 of this title and Tables.
A prior section 1071, Pub. L. 89-329, title IV, 421, Nov. 8, 1965,
79 Stat. 1236; Pub. L. 90-460, 2(b)(3), 3(a), Aug. 3, 1968, 82
Stat. 635, 636; Pub. L. 90-575, title I, 113(b)(1), 114(a), 119(b),
Oct. 16, 1968, 82 Stat. 1021, 1027; Pub. L. 94-482, title I, 127(a),
Oct. 12, 1976, 90 Stat. 2099; Pub. L. 95-43, 1(a)(8)-(10), June 15,
1977, 91 Stat. 213; Pub. L. 96-374, title XIII, 1391(a)(1), (2), Oct.
3, 1980, 94 Stat. 1503; Pub. L. 98-79, 6, Aug. 15, 1983, 97 Stat.
482, related to statement of purpose of, appropriations for, and
implementation of programs to provide low-interest insured loans to
students in institutions of higher education, prior to the general
revision of this part by Pub. L. 99-498.
1992 -- Subsec. (c). Pub. L. 102-325, 411(a)(2), added subsec. (c)
and struck out former subsec. (c) which read as follows: ''The program
established under this part shall be referred to as the 'Robert T.
Stafford Student Loan Program'. Loans made under this part shall be
known as 'Stafford Loans'.''
Subsec. (d). Pub. L. 102-325, 411(c), added subsec. (d).
1988 -- Subsec. (c). Pub. L. 100-369 substituted ''shall be
referred'' for ''may be referred'' and inserted provision identifying
loans made under this part as ''Stafford Loans''.
Pub. L. 100-297 added subsec. (c).
Amendment by Pub. L. 102-325 effective July 23, 1992, with changes
in the designation or names of loans or programs under this part
effective with respect to applications or other documents (used in
making such loans) that are printed after July 23, 1992, see section 432
of Pub. L. 102-325, set out as a note under section 1078 of this title.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of this title.
Section 402(b)-(d) of Pub. L. 99-498, as amended by Pub. L.
100-50, 22(b), June 3, 1987, 101 Stat. 361, provided that:
''(b) Effective Dates. -- The changes made in part B of title IV of
the Act (20 U.S.C. 1071 et seq.) by the amendment made by subsection (a)
of this section shall take effect on the date of enactment of this Act
(Oct. 17, 1986), except --
''(1) as otherwise provided in such part B;
''(2) the changes in sections 427(a)(2)(C) and 428(b)(1)(M) of the
Act (20 U.S.C. 1077(a)(2)(C), 1078(b)(1)(M)) (other than clauses (viii),
(ix), and (x) of each such section) shall apply only to loans to new
borrowers that (A) are made to cover the cost of instruction for periods
of enrollment beginning on or after July 1, 1987; or (B) are disbursed
on or after July 1, 1987;
''(3) the changes made in sections 425(a), 428(b)(1)(A), and
428(b)(1)(B) of the Act (20 U.S.C. 1075(a), 1078(b)(1)(A), (B)) shall
apply with respect only to loans disbursed on or after January 1, 1987,
or made to cover the costs of instruction for periods of enrollment
beginning on or after January 1, 1987;
''(4) the changes made in subsections (a), (b), and (d) of section
433 of the Act (20 U.S.C. 1083(a), (b), (d)) shall apply with respect
only to loans disbursed on or after January 1, 1987, or made to cover
the costs of instruction for periods of enrollment beginning on or after
January 1, 1987;
''(5) the changes in section 428(b)(1)(H) (20 U.S.C. 1078(b)(1)(H))
shall apply with respect only to loans for which the borrower files an
application on or after July 1, 1987;
''(6) the changes in sections 435(d)(5) and 438(d) of the Act (20
U.S.C. 1085(d)(5), 1087-1(d)) shall take effect 30 days after the date
of enactment of this Act (Oct. 17, 1986); and
''(7) the changes made in section 438(b) (20 U.S.C. 1087-1(b)) shall
take effect with respect to loans disbursed on or after 30 days after
the date of enactment of this Act (Oct. 17, 1986) or made to cover the
costs of instruction for periods of enrollment beginning on or after 30
days after the date of enactment of this Act.
''(c) Changes Effective Without Regard to Regulations; Republication
of Regulations. -- The changes made in part B of title IV of the Act (20
U.S.C. 1071 et seq.) by the amendment made by subsection (a) of this
section shall be effective in accordance with subsection (b) of this
section without regard to whether such changes are reflected in the
regulations prescribed by the Secretary of Education for the purpose of
such part.
''(d) New Borrowers. -- For the purpose of this section, the term
'new borrower' means, with respect to any date, an individual who on
that date has no outstanding balance of principal or interest owing on
any loan made, insured, or guaranteed under part B of title IV of the
Act (20 U.S.C. 1071 et seq.).''
Section 1401 of Pub. L. 102-325 provided that:
''(a) Study. -- The Secretary of Education shall review the role of
guaranty agencies within the Federal Family Education Loan Program by
examining the administrative and financial operations of such agencies
and the relationships between guaranty agencies and State governments.
''(b) Report. -- The Secretary of Education shall report to the
Congress within 1 year of the date of enactment of this Act (July 23,
1992) on the study described in subsection (a). Such report shall
consider and make recommendations concerning --
''(1) increasing the role of guaranty agencies in oversight and
licensing of proprietary trade schools under the Federal Family
Education Loan Program;
''(2) strengthening Federal disincentives for high default rate
portfolios;
''(3) consolidating guaranty agencies regionally or otherwise;
''(4) eliminating the role of guaranty agencies within the Federal
Family Education Loan Program; and
''(5) the compensation of chief executive officers and managerial
staffs of guaranty agencies.''
Sections 1311 to 1314 of Pub. L. 99-498, as amended by Pub. L.
100-50, 23(6), June 3, 1987, 101 Stat. 362, provided that:
''SEC. 1311. STUDY OF PRACTICES OF STATE GUARANTY AGENCIES AND
MULTISTATE GUARANTORS UNDER THE GUARANTEED STUDENT LOAN PROGRAM.
''(a) Study Required. -- The Comptroller General shall conduct a
complete study of the practices of State guaranty agencies and
multistate guarantors under the guaranteed student loan program
authorized by part B of title IV of the Act (20 U.S.C. 1071 et seq.).
The study shall investigate, on a comparative basis --
''(1) due diligence practice of lenders;
''(2) default rates and recovery rates on student loans;
''(3) changes in loan volume;
''(4) methods of soliciting student borrowers;
''(5) potential for fraudulent double borrowing by students;
''(6) participation agreements between the types of guarantor and
lenders;
''(7) eligible institution participation agreements;
''(8) adequacy of reserved funds in relation to guaranty commitments
made by the agency and the default risk which such commitments
represent, as reflected by the socio-economic background of the
borrowers, the category of institution attended, and the historical
experience of the agency;
''(9) types of services provided to lenders, eligible institutions,
and borrowers;
''(10) use of funds generated through participation in the guaranteed
student loan program by amount and nature of expenses for administrative
support for programs other than the guaranteed student loan program;
''(11) to what extent the guarantors meet the requirements of
truth-in-lending provisions;
''(12) profile of borrowers and defaulters of loans guaranteed by the
agency and an assessment of the default risks inherent in such loans;
''(13) coordination of the loan guaranty program with grant programs;
''(14) general student access to loan assistance; and
''(15) need for administrative cost allowances by particular guaranty
agencies in relation to the default risk faced by the agency, the
administrative costs incurred, or needed to be incurred by the agency,
and other factors relevant to the cost of guaranteeing loans under the
program.
''(b) Report. -- The Comptroller General of the United States shall
prepare and submit a report, not later than 2 years after the date of
enactment of this Act (Oct. 17, 1986), to the Committee on Labor and
Human Resources of the Senate and the Committee on Education and Labor
of the House of Representatives on the findings of the study required by
subsection (a) of this section, together with such recommendations as
the Comptroller General deems appropriate.
''SEC. 1312. STUDY OF USE OF MULTIPLE-YEAR LINES OF CREDIT.
''The Comptroller General shall evaluate the feasibility and
efficiency of permitting students to establish lines of credit with
eligible lenders under part B of title IV of the Act (20 U.S.C. 1071 et
seq.) that cover more than 2 years of attendance at an institution of
higher education. Such evaluation shall determine the extent to which
such an arrangement would reduce the administrative costs associated
with making separate loans annually under such part. In conducting such
evaluation, the Comptroller General shall consult institutions of higher
education and eligible lenders under such part. Within 2 years after
the date of enactment of this Act (Oct. 17, 1986), the Comptroller
General shall submit to the Congress a report on the results of such
evaluation together with such recommendations as the Secretary considers
appropriate.
''SEC. 1313. STUDY OF MULTIPLE DISBURSEMENT.
''The Comptroller General shall evaluate the impact of the multiple
disbursement system required for student loans under part B of title IV
of the Act (20 U.S.C. 1071 et seq.) on the ability of both students and
institutions of higher education to meet their expenses as they arise.
Such evaluation shall include an assessment of any other impacts of such
system on such students or institutions that the Comptroller General
determines to be significant. A report on the results of such
evaluation shall be submitted to the Congress not later than 2 years
after the date of enactment of this Act (Oct. 17, 1986).
''SEC. 1314. STUDENT LOAN CONSOLIDATION.
''The Comptroller General shall evaluate the cost, efficiency, and
impact of the consolidation loan program established by the amendments
made by this Act to part B of title IV of the Act (20 U.S.C. 1071 et
seq.) and shall report to the Congress not later than 2 years after the
date of enactment of this Act (Oct. 17, 1986) on the findings and
recommendations required by this subsection. Nothing in this section
shall be interpreted to authorize the Secretary to require lenders,
holders, or guarantors to maintain or report records relating to the
loans discharged by borrowers in receiving a consolidation loan pursuant
to section 428C of the Act (20 U.S.C. 1078-3).''
20 USC 1072. Advances for reserve funds of State and nonprofit private
loan insurance programs
TITLE 20 -- EDUCATION
(a) Purpose of and authority for advances to reserve funds
(1) Purpose; eligible recipients
From sums appropriated pursuant to paragraphs (3) and (4)(A) of
section 1071(b) of this title, the Secretary is authorized to make
advances to any State with which the Secretary has made an agreement
pursuant to section 1078(b) of this title for the purpose of helping to
establish or strengthen the reserve fund of the student loan insurance
program covered by that agreement. If for any fiscal year a State does
not have a student loan insurance program covered by an agreement made
pursuant to section 1078(b) of this title, and the Secretary determines
after consultation with the chief executive officer of that State that
there is no reasonable likelihood that the State will have such a
student loan insurance program for such year, the Secretary may make
advances for such year for the same purpose to one or more nonprofit
private institutions or organizations with which the Secretary has made
an agreement pursuant to section 1078(b) of this title in order to
enable students in the State to participate in a program of student loan
insurance covered by such an agreement. The Secretary may make advances
under this subsection both to a State program (with which he has such an
agreement) and to one or more nonprofit private institutions or
organizations (with which he has such an agreement) in that State if he
determines that such advances are necessary in order that students in
each eligible institution have access through such institution to a
student loan insurance program which meets the requirements of section
1078(b)(1) of this title.
(2) Matching requirement
No advance shall be made after June 30, 1968, unless matched by an
equal amount from non-Federal sources. Such equal amount may include
the unencumbered non-Federal portion of a reserve fund. As used in the
preceding sentence, the term ''unencumbered non-Federal portion'' means
the amount (determined as of the time immediately preceding the making
of the advance) of the reserve fund less the greater of --
(A) the sum of --
(i) advances made under this section prior to July 1, 1968;
(ii) an amount equal to twice the amount of advances made under this
section after June 30, 1968, and before the advance for purposes of
which the determination is made; and
(iii) the proceeds of earnings on advances made under this section;
or
(B) any amount which is required to be maintained in such fund
pursuant to State law or regulation, or by agreement with lenders, as a
reserve against the insurance of outstanding loans.
Except as provided in section 1078(c)(10)(E) or (F) of this title,
such unencumbered non-Federal portion shall not be subject to recall,
repayment, or recovery by the Secretary.
(3) Terms and conditions; repayment
Advances pursuant to this subsection shall be upon such terms and
conditions (including conditions relating to the time or times of
payment) consistent with the requirements of section 1078(b) of this
title as the Secretary determines will best carry out the purpose of
this section. Advances made by the Secretary under this subsection
shall be repaid within such period as the Secretary may deem to be
appropriate in each case in the light of the maturity and solvency of
the reserve fund for which the advance was made.
(b) Limitations on total advances
(1) In general
The total of the advances from the sums appropriated pursuant to
paragraph (4)(A) of section 1071(b) of this title to nonprofit private
institutions and organizations for the benefit of students in any State
and to such State may not exceed an amount which bears the same ratio to
such sums as the population of such State aged 18 to 22, inclusive,
bears to the population of all the States aged 18 to 22 inclusive, but
such advances may otherwise be in such amounts as the Secretary
determines will best achieve the purposes for which they are made. The
amount available for advances to any State shall not be less than
$25,000 and any additional funds needed to meet this requirement shall
be derived by proportionately reducing (but not below $25,000) the
amount available for advances to each of the remaining States.
(2) Calculation of population
For the purpose of this subsection, the population aged 18 to 22,
inclusive, of each State and of all the States shall be determined by
the Secretary on the basis of the most recent satisfactory data
available to him.
(c) Advances for insurance obligations
(1) Use for payment of insurance obligations
From sums appropriated pursuant to section 1071(b)(4)(B) of this
title, the Secretary shall advance to each State which has an agreement
with the Secretary under section 1078(c) of this title with respect to a
student loan insurance program, an amount determined in accordance with
paragraph (2) of this subsection to be used for the purpose of making
payments under the State's insurance obligations under such program.
(2) Amount of advances
(A) Except as provided in subparagraph (B), the amount to be advanced
to each such State shall be equal to 10 percent of the principal amount
of loans made by lenders and insured by such agency on those loans on
which the first payment of principal became due during the fiscal year
immediately preceding the fiscal year in which the advance is made.
(B) The amount of any advance determined according to subparagraph
(A) of this paragraph shall be reduced by --
(i) the amount of any advance or advances made to such State pursuant
to this subsection at an earlier date; and
(ii) the amount of the unspent balance of the advances made to a
State pursuant to subsection (a) of this section.
Notwithstanding subparagraph (A) and the preceding sentence of this
subparagraph, but subject to subparagraph (D) of this paragraph, the
amount of any advance to a State described in paragraph (5)(A) for the
first year of its eligibility under such paragraph, and the amount of
any advance to any State described in paragraph (5)(B) for each year of
its eligibility under such paragraph, shall not be less than $50,000.
(C) For the purpose of subparagraph (B), the unspent balance of the
advances made to a State pursuant to subsection (a) of this section
shall be that portion of the balance of the State's reserve fund
(remaining at the time of the State's first request for an advance
pursuant to this subsection) which bears the same ratio to such balance
as the Federal advances made and not returned by such State, pursuant to
subsection (a) of this section, bears to the total of all past
contributions to such reserve funds from all sources (other than
interest on investment of any portion of the reserve fund) contributed
since the date such State executed an agreement pursuant to section
1078(b) of this title.
(D) If the sums appropriated for any fiscal year for paying the
amounts determined under subparagraphs (A) and (B) are not sufficient to
pay such amounts in full, then such amounts shall be reduced --
(i) by ratably reducing that portion of the amount allocated to each
State which exceeds $50,000; and
(ii) if further reduction is required, by equally reducing the
$50,000 minimum allocation of each State.
If additional sums become available for paying such amounts for any
fiscal year during which the preceding sentence has been applied, such
reduced amounts shall be increased on the same basis as they were
reduced.
(3) Use of earnings for insurance obligations
The earnings, if any, on any investments of advances received
pursuant to this subsection must be used for making payments under the
State's insurance obligations.
(4) Repayment of advances
Advances made by the Secretary under this subsection shall, subject
to subsection (d) of this section, be repaid within such period as the
Secretary may deem to be appropriate and shall be deposited in the fund
established by section 1081 of this title.
(5) Limitation on number of advances
Except as provided in paragraph (7), advances pursuant to this
subsection shall be made to a State --
(A) in the case of a State which is actively carrying on a program
under an agreement pursuant to section 1078(b) of this title which was
entered into before October 12, 1976, upon such date as such State may
request, but not before October 1, 1977, and on the same day of each of
the 2 succeeding calendar years after the date so requested; and
(B) in the case of a State which enters into an agreement pursuant to
section 1078(b) of this title on or after October 12, 1976, or which is
not actively carrying on a program under an agreement pursuant to such
section on such date, upon such date as such State may request, but not
before October 1, 1977, and on the same day of each of the 4 succeeding
calendar years after the date so requested of the advance.
(6) Payment of advances where no State program
(A) If for any fiscal year a State does not have a student loan
insurance program covered by an agreement made pursuant to section
1078(b) of this title, and the Secretary determines after consultation
with the chief executive officer of that State that there is no
reasonable likelihood that the State will have such a student loan
insurance program for such year, the Secretary may make advances
pursuant to this subsection for such year for the same purpose to one or
more nonprofit private institutions or organizations with which he has
made an agreement pursuant to subsection (c), as well as subsection (b),
of section 1078 of this title and subparagraph (B) of this paragraph in
order to enable students in that State to participate in a program of
student loan insurance covered by such agreements.
(B) The Secretary may enter into an agreement with a private
nonprofit institution or organization for the purpose of this paragraph
under which such institution or organization --
(i) agrees to establish within such State at least one office with
sufficient staff to handle written and telephone inquiries from
students, eligible lenders, and other persons in the State, to encourage
maximum commercial lender participation within the State, and to conduct
periodic visits to at least the major eligible lenders within the State;
(ii) agrees that its insurance will not be denied any student because
of his or her choice of eligible institutions; and
(iii) certifies that it is neither an eligible institution, nor has
any substantial affiliation with an eligible institution.
(7) Emergency advances
The Secretary is authorized to make advances, on terms and conditions
satisfactory to the Secretary, to a guaranty agency in accordance with
section 1078(c)(10)(F)(v) of this title in order to assist the agency in
meeting its immediate cash needs and ensure the uninterrupted payment of
default claims by lenders.
(d) Recovery of advances during fiscal years 1988 and 1989
(1) Amount and use of recovered funds
Notwithstanding any other provision of this section, advances made by
the Secretary under this section shall be repaid in accordance with this
subsection and shall be deposited in the fund established by section
1081 of this title. The Secretary shall, in accordance with the
requirements of paragraph (2), recover (and so deposit) an amount equal
to $75,000,000 during fiscal year 1988 and an amount equal to
$35,000,000 for fiscal year 1989.
(2) Determination of guaranty agency obligations
In determining the amount of advances which shall be repaid by a
guaranty agency under paragraph (1), the Secretary --
(A) shall consider the solvency and maturity of the reserve and
insurance funds of the guaranty agency assisted by such advances, as
determined by the Comptroller General taking into account the
requirements of State law as in effect on October 17, 1986;
(B) shall not seek repayment of such advances from any State
described in subsection (c)(5)(B) of this section during any year of its
eligibility under such subsection; and
(C) shall not seek repayment of such advances from any State if such
repayment encumbers the reserve fund requirement of State law as in
effect on October 17, 1986.
(e) Correction for errors under reduction of excess cash reserves
(1) In general
The Secretary shall pay any guaranty agency the amount of
reimbursement of claims under section 1078(c)(1) of this title, filed
between September 1, 1988, and December 31, 1989, which were previously
withheld or canceled in order to be applied to satisfy such agency's
obligation to eliminate excess cash reserves held by such agency, based
on the maximum cash reserve (as described in subsection (e) of this
section as in effect on September 1, 1988) permitted at the end of 1986,
if such maximum cash reserve was miscalculated because of erroneous
financial information provided by such agency to the Secretary and if
(A) such erroneous information is verified by an audited financial
statement of the reserve fund, signed by a certified public accountant,
and (B) such audited financial statement is provided to the Secretary
prior to January 1, 1993.
(2) Amount
The amount of reimbursement for claims shall be equal to the amount
of reimbursement for claims withheld or canceled in order to be applied
to such agency's obligation to eliminate excess cash reserves which
exceeds the amount of that which would have been withheld or canceled if
the maximum excess cash reserves had been accurately calculated.
(f) Refund of cash reserve payments
The Secretary shall, within 30 days after July 23, 1992, pay the full
amount of payments withheld or canceled under paragraph (3) of this
subsection to any guaranty agency which --
(1) was required to eliminate excess cash reserves, based on the
maximum cash reserve (as described in subsection (e) of this section as
in effect on September 1, 1988) permitted at the end of 1986;
(2) appealed the Secretary's demand that such agency should eliminate
such excess cash reserves and received a waiver of a portion of the
amount of such excess cash reserves to be eliminated;
(3) had payments under section 1078(c)(1) of this title or section
1078(f) of this title previously withheld or canceled in order to be
applied to satisfy such agency's obligation to eliminate excess cash
reserves held by such agency, based on the maximum cash reserve (as
described in subsection (e) of this section as in effect on September 1,
1988) permitted at the end of 1986; and
(4) according to a Department of Education review that was completed
and forwarded to such guaranty agency prior to January 1, 1992, is
expected to become insolvent during or before 1996 and the payments
withheld or canceled under paragraph (3) of this subsection are a factor
in such agency's impending insolvency.
(Pub. L. 89-329, title IV, 422, as added Pub. L. 99-498, title IV,
402(a), Oct. 17, 1986, 100 Stat. 1354; amended Pub. L. 100-203, title
III, 3001(a), 3002(a), Dec. 22, 1987, 101 Stat. 1330-36, 1330-38;
Pub. L. 102-325, title IV, 412, 416(p)(8), July 23, 1992, 106 Stat.
511, 527.)
A prior section 1072, Pub. L. 89-329, title IV, 422, Nov. 8, 1965,
79 Stat. 1236; Pub. L. 89-752, 11, Nov. 3, 1966, 80 Stat. 1243;
Pub. L. 90-575, title I, 114(b), (c), Oct. 16, 1968, 82 Stat. 1021,
1022; Pub. L. 94-482, title I, 127(a), Oct. 12, 1976, 90 Stat. 2100;
Pub. L. 95-43, 1(a)(11)-(13), June 15, 1977, 91 Stat. 213, 214; Pub.
L. 95-561, title XIII, 1322(a), Nov. 1, 1978, 92 Stat. 2363; Pub. L.
96-374, title XIII, 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503; Pub. L.
99-272, title XVI, 16011, Apr. 7, 1986, 100 Stat. 339, authorized
advances to establish or strengthen reserve funds of State and nonprofit
private loan insurance programs, prior to the general revision of this
part by Pub. L. 99-498.
1992 -- Subsec. (a)(2). Pub. L. 102-325, 412(1), inserted at end
''Except as provided in section 1078(c)(10)(E) or (F) of this title,
such unencumbered non-Federal portion shall not be subject to recall,
repayment, or recovery by the Secretary.''
Subsec. (c)(5), (7). Pub. L. 102-325, 416(p)(8), substituted
''Except as provided in paragraph (7), advances'' for ''Advances'' in
par. (5) and added par. (7).
Subsecs. (e), (f). Pub. L. 102-325, 412(2), added subsecs. (e) and
(f).
1987 -- Subsec. (e). Pub. L. 100-203, 3002(a), struck out subsec.
(e) which related to reduction of excess cash reserves.
Pub. L. 100-203, 3001(a), added subsec. (e).
Section 3002(a) of Pub. L. 100-203 provided that the amendment made
by that section 3002(a) is effective Sept. 30, 1989.
20 USC 1073. Effects of adequate non-Federal programs
TITLE 20 -- EDUCATION
(a) Federal insurance barred to lenders with access to State or
private insurance
Except as provided in subsection (b) of this section, the Secretary
shall not issue certificates of insurance under section 1079 of this
title to lenders in a State if the Secretary determines that every
eligible institution has reasonable access in that State to a State or
private nonprofit student loan insurance program which is covered by an
agreement under section 1078(b) of this title.
(b) Exceptions
The Secretary may issue certificates of insurance under section 1079
of this title to a lender in a State --
(1) for insurance of a loan made to a student borrower who does not,
by reason of the borrower's residence, have access to loan insurance
under the loan insurance program of such State (or under any private
nonprofit loan insurance program which has received an advance under
section 1072 of this title for the benefit of students in such State);
(2) for insurance of all the loans made to student borrowers by a
lender who satisfies the Secretary that, by reason of the residence of
such borrowers, such lender will not have access to any single State or
nonprofit private loan insurance program which will insure substantially
all of the loans such lender intends to make to such student borrowers;
or
(3) under such circumstances as may be approved by the guaranty
agency in such State, for the insurance of a loan to a borrower for whom
such lender previously was issued such a certificate if the loan covered
by such certificate is not yet repaid.
(Pub. L. 89-329, title IV, 423, as added Pub. L. 99-498, title IV,
402(a), Oct. 17, 1986, 100 Stat. 1358.)
A prior section 1073, Pub. L. 89-329, title IV, 423, Nov. 8, 1965,
79 Stat. 1237; Pub. L. 90-575, title I, 119(a), Oct. 16, 1968, 82
Stat. 1026; Pub. L. 94-482, title I, 127(a), Oct. 12, 1976, 90 Stat.
2103; Pub. L. 95-43, 1(a)(14), June 15, 1977, 91 Stat. 214; Pub. L.
96-374, title XIII, 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, limited
participation in Federal loan insurance programs, prior to the general
revision of this part by Pub. L. 99-498.
20 USC 1074. Scope and duration of Federal loan insurance program
TITLE 20 -- EDUCATION
(a) Limitations on amounts of loans covered by Federal insurance
The total principal amount of new loans made and installments paid
pursuant to lines of credit (as defined in section 1085 of this title)
to students covered by Federal loan insurance under this part shall not
exceed $2,000,000,000 for the period from July 1, 1976, to September 30,
1976, and for each of the succeeding fiscal years ending prior to
October 1, 1998. Thereafter, Federal loan insurance pursuant to this
part may be granted only for loans made (or for loan installments paid
pursuant to lines of credit) to enable students, who have obtained prior
loans insured under this part, to continue or complete their educational
program; but no insurance may be granted for any loan made or
installment paid after September 30, 2002.
(b) Apportionment of amounts
The Secretary may, if he or she finds it necessary to do so in order
to assure an equitable distribution of the benefits of this part,
assign, within the maximum amounts specified in subsection (a) of this
section, Federal loan insurance quotas applicable to eligible lenders,
or to States or areas, and may from time to time reassign unused
portions of these quotas.
(Pub. L. 89-329, title IV, 424, as added Pub. L. 99-498, title IV,
402(a), Oct. 17, 1986, 100 Stat. 1358; amended Pub. L. 102-325, title
IV, 411(b)(1), July 23, 1992, 106 Stat. 510.)
A prior section 1074, Pub. L. 89-329, title IV, 424, Nov. 8, 1965,
79 Stat. 1237; Pub. L. 90-460, 1(a)(1), Aug. 3, 1968, 82 Stat. 634;
Pub. L. 90-575, title I, 112(a), Oct. 16, 1968, 82 Stat. 1020; Pub.
L. 92-318, title I, 132(a), June 23, 1972, 86 Stat. 261; Pub. L.
94-328, 2(a), June 30, 1976, 90 Stat. 727; Pub. L. 94-482, title I,
127(a), Oct. 12, 1976, 90 Stat. 2103; Pub. L. 96-374, title IV,
411(a), title XIII, 1391(a)(1), Oct. 3, 1980, 94 Stat. 1415, 1503;
Pub. L. 99-272, title XVI, 16018(a)(1), Apr. 7, 1986, 100 Stat. 348,
related to new loans under Federal loan insurance program, prior to the
general revision of this part by Pub. L. 99-498.
1992 -- Subsec. (a). Pub. L. 102-325 substituted ''October 1, 1998''
for ''October 1, 1992'' and ''September 30, 2002'' for ''September 30,
1997''.
20 USC 1075. Limitations on individual federally insured loans and on
Federal loan insurance
TITLE 20 -- EDUCATION
(a) Annual and aggregate limits
(1) Annual limits
(A) The total of loans made to a student in any academic year or its
equivalent (as determined by the Secretary) which may be covered by
Federal loan insurance under this part may not exceed --
(i) in the case of a student at an eligible institution who has not
successfully completed the first year of a program of undergraduate
education --
(I) $2,625, if such student is enrolled in a program whose length is
at least one academic year in length (as determined under section 1088
of this title);
(II) $1,750, if such student is enrolled in a program whose length is
less than one academic year, but at least 2/3 of such an academic year;
and
(III) $875, if such student is enrolled in a program whose length is
less than 2/3, but at least 1/3, of such an academic year;
(ii) in the case of a student who has successfully completed such
first year but has not successfully completed the remainder of a program
of undergraduate study --
(I) $3,500, if such student is enrolled in a program whose length is
at least one academic year in length (as determined under section 1088
of this title);
(II) $2,325, if such student is enrolled in a program whose length is
less than one academic year, but at least 2/3 of such an academic year;
and
(III) $1,175, if such student is enrolled in a program whose length
is less than 2/3, but at least 1/3, of such an academic year;
(iii) in the case of a student at an eligible institution who has
successfully completed such first and second year but has not
successfully completed the remainder of a program of undergraduate study
--
(I) $5,500, if such student is enrolled in a program whose length is
at least one academic year in length (as determined under section 1088
of this title);
(II) $3,675, if such student is enrolled in a program whose length is
less than one academic year, but at least 2/3 of such an academic year;
and
(III) $1,825, if such student is enrolled in a program whose length
is less than 2/3, but at least 1/3, of such an academic year; and
(iv) in the case of a graduate or professional student (as defined in
regulations of the Secretary) at an eligible institution, $8,500; /1/
(B) The annual insurable limits contained in subparagraph (A) shall
not apply in cases where the Secretary determines, pursuant to
regulations, that a higher amount is warranted in order to carry out the
purpose of this part with respect to students engaged in specialized
training requiring exceptionally high costs of education. The annual
insurable limit per student shall not be deemed to be exceeded by a line
of credit under which actual payments by the lender to the borrower will
not be made in any year in excess of the annual limit.
(2) Aggregate limits
(A) The aggregate insured unpaid principal amount for all such
insured loans made to any student shall not at any time exceed --
(i) $23,000, in the case of any student who has not successfully
completed a program of undergraduate education, excluding loans made
under section 1078-1 or 1078-2 of this title; and
(ii) $65,500, in the case of any graduate or professional student (as
defined by regulations of the Secretary) and (I) including any loans
which are insured by the Secretary under this section, or by a guaranty
agency, made to such student before the student became a graduate or
professional student), /2/ but (II) excluding loans made under section
1078-1 or 1078-2 of this title,
except that the Secretary may increase the limit applicable to
students who are pursuing programs which the Secretary determines are
exceptionally expensive.
(B) The Secretary may increase the aggregate insurable limit
applicable to students who are pursuing programs which the Secretary
determines are exceptionally expensive.
(b) Level of insurance coverage based on default rate
(1) Reduction for defaults in excess of 5 or 9 percent
(A) Except as provided in subparagraph (B), the insurance liability
on any loan insured by the Secretary under this part shall be 100
percent of the unpaid balance of the principal amount of the loan plus
interest, except that --
(i) if, for any fiscal year, the total amount of payments under
section 1080 of this title by the Secretary to any eligible lender as
described in section 1085(d)(1)(D) of this title exceeds 5 percent of
the sum of the loans made by such lender which are insured by the
Secretary and which were in repayment at the end of the preceding fiscal
year, the insurance liability under this subsection for that portion of
such excess which represents loans insured after the applicable date
with respect to such loans, as determined under subparagraph (C), shall
be equal to 90 percent of the amount of such portion; or
(ii) if, for any fiscal year, the total amount of such payments to
such a lender exceeds 9 percent of such sum, the insurance liability
under this subsection for that portion of such excess which represents
loans insured after the applicable date with respect to such loans, as
determined under subparagraph (C), shall be equal to 80 percent of the
amount of such portion.
(B) Notwithstanding subparagraph (A), the provisions of clauses (i)
and (ii) of such subparagraph shall not apply to an eligible lender as
described in section 1085(d)(1)(D) of this title for the fiscal year in
which such lender begins to carry on a loan program insured by the
Secretary, or for any of the 4 succeeding fiscal years.
(C) The applicable date with respect to a loan made by an eligible
lender as described in section 1085(d)(1)(D) of this title shall be --
(i) the 90th day after the adjournment of the next regular session of
the appropriate State legislature which convenes after October 12, 1976,
or
(ii) if the primary source of lending capital for such lender is
derived from the sale of bonds, and the constitution of the appropriate
State prohibits a pledge of such State's credit as security against such
bonds, the day which is one year after such 90th day.
(2) Computation of amounts in repayment
For the purpose of this subsection, the sum of the loans made by a
lender which are insured by the Secretary and which are in repayment
shall be the original principal amount of loans made by such lender
which are insured by the Secretary reduced by --
(A) the amount the Secretary has been required to pay to discharge
his or her insurance obligations under this part;
(B) the original principal amount of loans insured by the Secretary
which have been fully repaid;
(C) the original principal amount insured on those loans for which
payment of first installment of principal has not become due pursuant to
section 1077(a)(2)(B) of this title or such first installment need not
be paid pursuant to section 1077(a)(2)(C) of this title; and
(D) the original principal amount of loans repaid by the Secretary
under section 1087 of this title.
(3) Payments to assignees
For the purpose of this subsection, payments by the Secretary under
section 1080 of this title to an assignee of the lender with respect to
a loan shall be deemed payments made to such lender.
(4) Pledge of full faith and credit
The full faith and credit of the United States is pledged to the
payment of all amounts which may be required to be paid under the
provisions of section 1080 or 1087 of this title.
(Pub. L. 89-329, title IV, 425, as added Pub. L. 99-498, title IV,
402(a), Oct. 17, 1986, 100 Stat. 1359; amended Pub. L. 100-50, 10(a),
June 3, 1987, 101 Stat. 341; Pub. L. 102-325, title IV, 413, July 23,
1992, 106 Stat. 512.)
A prior section 1075, Pub. L. 89-329, title IV, 425, Nov. 8, 1965,
79 Stat. 1238; Pub. L. 90-575, title I, 116(b)(1), 120(a)(2), Oct.
16, 1968, 82 Stat. 1023, 1027; Pub. L. 92-318, title I, 132A(a),
132B(a), June 23, 1972, 86 Stat. 261, 262; Pub. L. 94-482, title I,
127(a), Oct. 12, 1976, 90 Stat. 2104; Pub. L. 95-43, 1(a)(15)-(17),
June 15, 1977, 91 Stat. 214; Pub. L. 95-566, 5(b)(2), Nov. 1, 1978,
92 Stat. 2403; Pub. L. 96-374, title IV, 412(a), (b), (f), title
XIII, 1391(a)(1), Oct. 3, 1980, 94 Stat. 1416, 1417, 1503; Pub. L.
97-35, title V, 535(a), (b), Aug. 13, 1981, 95 Stat. 455; Pub. L.
99-272, title XVI, 16013(e)(1), Apr. 7, 1986, 100 Stat. 341, limited
Federal loan insurance, prior to the general revision of this part by
Pub. L. 99-498.
1992 -- Subsec. (a)(1)(A). Pub. L. 102-325, 413(1), added cls. (i)
to (iv) and struck out former cls. (i) to (iii) which read as follows:
''(i) $2,625, in the case of a student who has not successfully
completed the first and second year of a program of undergraduate
education;
''(ii) $4,000, in the case of a student who has successfully
completed such first and second year but who has not successfully
completed the remainder of a program of undergraduate education; or
''(iii) $7,500, in the case of a graduate or professional student (as
defined in regulations of the Secretary).''
Subsec. (a)(2)(A). Pub. L. 102-325, 413(2), added cls. (i) and (ii)
and concluding provision and struck out former cls. (i) and (ii) which
read as follows:
''(i) $17,250, in the case of any student who has not successfully
completed a program of undergraduate education, excluding loans made
under section 1078-1 or 1078-2 of this title; and
''(ii) $54,750, in the case of any graduate or professional student
(as defined by regulations of the Secretary and including any loans
which are insured by the Secretary under this part, or by a guaranty
agency, made to such person before he or she became a graduate or
professional student), excluding loans made under section 1078-1 or
1078-2 of this title.''
1987 -- Subsec. (a)(2)(A)(i). Pub. L. 100-50, 10(a)(1), inserted
'', excluding loans made under section 1078-1 or 1078-2 of this title''
after ''undergraduate education''.
Subsec. (a)(2)(A)(ii). Pub. L. 100-50, 10(a)(2), inserted '',
excluding loans made under section 1078-1 or 1078-2 of this title''
after ''graduate or professional student)''.
Amendment by Pub. L. 102-325 effective July 23, 1992, with changes
made in subsec. (a), relating to annual and aggregate loan limits,
applicable with respect to loans for which first disbursement is made on
or after July 1, 1993, except that changes made in subsec. (a)(1)(A)(i)
applicable with respect to loans for which first disbursement is made on
or after Oct. 1, 1992, and except that changes made in subsec.
(a)(1)(A)(iv) applicable with respect to loans to cover costs of
instruction for periods of enrollment beginning on or after Oct. 1,
1993, see section 432 of Pub. L. 102-325, set out as a note under
section 1078 of this title.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
Section effective Oct. 17, 1986, except that subsec. (a) of this
section applicable only to loans disbursed on or after Jan. 1, 1987, or
made to cover the costs of instruction for periods of enrollment
beginning on or after Jan. 1, 1987, see section 402(b) of Pub. L.
99-498, set out as a note under section 1071 of this title.
/1/ So in original. The semicolon probably should be a period.
/2/ So in original. There is no opening parenthesis.
20 USC 1076. Sources of funds
TITLE 20 -- EDUCATION
Loans made by eligible lenders in accordance with this part shall be
insurable by the Secretary whether made from funds fully owned by the
lender or from funds held by the lender in a trust or similar capacity
and available for such loans.
(Pub. L. 89-329, title IV, 426, as added Pub. L. 99-498, title IV,
402(a), Oct. 17, 1986, 100 Stat. 1361.)
A prior section 1076, Pub. L. 89-329, title IV, 426, Nov. 8, 1965,
79 Stat. 1238; Pub. L. 94-482, title I, 127(a), Oct. 12, 1976, 90
Stat. 2106; Pub. L. 96-374, title XIII, 1391(a)(1), Oct. 3, 1980, 94
Stat. 1503, related to insurability of loans made from funds owned by
lender or held by lender in trust, prior to the general revision of this
part by Pub. L. 99-498.
20 USC 1077. Eligibility of student borrowers and terms of federally
insured student loans
TITLE 20 -- EDUCATION
(a) List of requirements
Except as provided in section 1078-3 of this title, a loan by an
eligible lender shall be insurable by the Secretary under the provisions
of this part only if --
(1) made to a student who (A) is an eligible student under section
1091 of this title, (B) has agreed to notify promptly the holder of the
loan concerning any change of address, and (C) is carrying at least
one-half the normal full-time academic workload for the course of study
the student is pursuing (as determined by the institution); and
(2) evidenced by a note or other written agreement which --
(A) is made without security and without endorsement;
(B) provides for repayment (except as provided in subsection (c) of
this section) of the principal amount of the loan in installments over a
period of not less than 5 years (unless sooner repaid or unless the
student, during the 6 months preceding the start of the repayment
period, specifically requests that repayment be made over a shorter
period) nor more than 10 years beginning 6 months after the month in
which the student ceases to carry at an eligible institution at least
one-half the normal full-time academic workload as determined by the
institution, except --
(i) as provided in subparagraph (C);
(ii) that the note or other written instrument may contain such
reasonable provisions relating to repayment in the event of default in
the payment of interest or in the payment of the cost of insurance
premiums, or other default by the borrower, as may be authorized by
regulations of the Secretary in effect at the time the loan is made;
and
(iii) that the lender and the student, after the student ceases to
carry at an eligible institution at least one-half the normal full-time
academic workload as determined by the institution, may agree to a
repayment schedule which begins earlier, or is of shorter duration, than
required by this subparagraph, but in the event a borrower has requested
and obtained a repayment period of less than 5 years, the borrower may
at any time prior to the total repayment of the loan, have the repayment
period extended so that the total repayment period is not less than 5
years;
(C) provides that periodic installments of principal need not be
paid, but interest shall accrue and be paid, during any period --
(i) during which the borrower --
(I) is pursuing at least a half-time course of study as determined by
an eligible institution; or
(II) is pursuing a course of study pursuant to a graduate fellowship
program approved by the Secretary, or pursuant to a rehabilitation
training program for individuals with disabilities approved by the
Secretary,
except that no borrower shall be eligible for a deferment under
this clause, or a loan made under this part (other than a loan made
under /1/ 1078-2 or 1078-3 of this title), while serving in a medical
internship or residency program;
(ii) not in excess of 3 years during which the borrower is seeking
and unable to find full-time employment; or
(iii) not in excess of 3 years for any reason which the lender
determines, in accordance with regulations prescribed by the Secretary
under section 1085(o) of this title, has caused or will cause the
borrower to have an economic hardship;
and provides that any such period shall not be included in
determining the 10-year period described in subparagraph (B);
(D) provides for interest on the unpaid principal balance of the loan
at a yearly rate, not exceeding the applicable maximum rate prescribed
in section 1077a of this title, which interest shall be payable in
installments over the period of the loan except that, if provided in the
note or other written agreement, any interest payable by the student may
be deferred until not later than the date upon which repayment of the
first installment of principal falls due, in which case interest accrued
during that period may be added on that date to the principal;
(E) provides that the lender will not collect or attempt to collect
from the borrower any portion of the interest on the note which is
payable by the Secretary under this part, and that the lender will enter
into such agreements with the Secretary as may be necessary for the
purpose of section 1087 of this title;
(F) entitles the student borrower to accelerate without penalty
repayment of the whole or any part of the loan;
(G)(i) contains a notice of the system, /2/ of disclosure of
information concerning such loan to credit bureau organizations under
section 1080a of this title, and (ii) provides that the lender on
request of the borrower will provide information on the repayment status
of the note to such organizations;
(H) provides that, no more than 6 months prior to the date on which
the borrower's first payment on a loan is due, the lender shall offer
the borrower the option of repaying the loan in accordance with a
graduated or income-sensitive repayment schedule established by the
lender and in accordance with the regulations of the Secretary; and
(I) contains such other terms and conditions, consistent with the
provisions of this part and with the regulations issued by the Secretary
pursuant to this part, as may be agreed upon by the parties to such
loan, including, if agreed upon, a provision requiring the borrower to
pay the lender, in addition to principal and interest, amounts equal to
the insurance premiums payable by the lender to the Secretary with
respect to such loan;
(3) the funds borrowed by a student are disbursed to the institution
by check or other means that is payable to and requires the endorsement
or other certification by such student, except --
(A) that nothing in this subchapter and part C of subchapter I of
chapter 34 of title 42 shall be interpreted --
(i) to allow the Secretary to require checks to be made copayable to
the institution and the borrower; or
(ii) to prohibit the disbursement of loan proceeds by means other
than by check; and
(B) in the case of any student who is studying outside the United
States in a program of study abroad that is approved for credit by the
home institution at which such student is enrolled, the funds shall, at
the request of the borrower, be delivered directly to the student and
the checks may be endorsed, and fund transfers authorized, pursuant to
an authorized power-of-attorney; and
(4) the funds borrowed by a student are disbursed in accordance with
section 1078-7 of this title.
(b) Special rules for multiple disbursement
For the purpose of subsection (a)(4) of this section --
(1) all loans issued for the same period of enrollment shall be
considered as a single loan; and
(2) the requirements of such subsection shall not apply in the case
of a loan made under section 1078-2 or 1078-3 of this title, or made to
a student to cover the cost of attendance at an eligible institution
outside the United States.
(c) Special repayment rules
Except as provided in subsection (a)(2)(H) of this section, the total
of the payments by a borrower during any year of any repayment period
with respect to the aggregate amount of all loans to that borrower which
are insured under this part shall not, unless the borrower and the
lender otherwise agree, be less than $600 or the balance of all such
loans (together with interest thereon), whichever amount is less (but in
no instance less than the amount of interest due and payable).
(d) Borrower information
The lender shall obtain the borrower's driver's license number, if
any, at the time of application for the loan.
(Pub. L. 89-329, title IV, 427, as added Pub. L. 99-498, title IV,
402(a), Oct. 17, 1986, 100 Stat. 1361; amended Pub. L. 100-50, 10(b),
(c), June 3, 1987, 101 Stat. 341; Pub. L. 100-369, 5(b)(1), 7(c),
11(a), July 18, 1988, 102 Stat. 836-838; Pub. L. 101-239, title II,
2002(a)(1), 2004(b)(2), Dec. 19, 1989, 103 Stat. 2111, 2116; Pub. L.
102-164, title VI, 601(a), 602(a), Nov. 15, 1991, 105 Stat. 1065,
1066; Pub. L. 102-325, title IV, 414, July 23, 1992, 106 Stat. 513.)
A prior section 1077, Pub. L. 89-329, title IV, 427, Nov. 8, 1965,
79 Stat. 1238; Pub. L. 89-794, title XI, 1101(b)(1), Nov. 8, 1966,
80 Stat. 1476; Pub. L. 90-460, 2(a)(1), Aug. 3, 1968, 82 Stat. 635;
Pub. L. 90-575, title I, 113(b)(2), 116(b)(2), 117(c), 120(c)(2),
Oct. 16, 1968, 82 Stat. 1021, 1023, 1026, 1027; Pub. L. 92-318,
title I, 132B(b), 132C(c), June 23, 1972, 86 Stat. 262, 263; Pub. L.
94-482, title I, 127(a), Oct. 12, 1976, 90 Stat. 2106; Pub. L.
95-43, 1(a)(9), (18), June 15, 1977, 91 Stat. 213, 214; Pub. L.
95-566, 5(a)(1), Nov. 1, 1978, 92 Stat. 2403; Pub. L. 96-374, title
IV, 413(a), (c), 415(a)(2), (b)(1), 416(a)(2), 423(a)(1), title XIII,
1391(a)(1), Oct. 3, 1980, 94 Stat. 1417-1421, 1432, 1503; Pub. L.
97-35, title V, 537(b)(1), (d)(2), (e)(1), Aug. 13, 1981, 95 Stat.
456, 457; Pub. L. 98-79, 10((a)), Aug. 15, 1983, 97 Stat. 484; Pub.
L. 99-272, title XVI, 16012(a), 16013(b), 16017(b)(1), Apr. 7, 1986,
100 Stat. 339, 340, 347, set out conditions for Federal loan insurance,
prior to the general revision of this part by Pub. L. 99-498.
1992 -- Subsec. (a)(2)(A). Pub. L. 102-325, 414(a), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows: ''is
made without security and without endorsement, except that prior to
making a loan insurable by the Secretary under this part a lender shall
--
''(i) obtain a credit report, from at least one national credit
bureau organization, with respect to a loan applicant who will be at
least 21 years of age as of July 1 of the award year for which
assistance is being sought, for which the lender may charge the
applicant an amount not to exceed the lesser of $25 or the actual cost
of obtaining the credit report; and
''(ii) require an applicant of the age specified in clause (i) who,
in the judgment of the lender in accordance with the regulations of the
Secretary, has an adverse credit history, to obtain a credit worthy
cosigner in order to obtain the loan, provided that, for purposes of
this clause, an insufficient or nonexistent credit history may not be
considered to be an adverse credit history;''.
Subsec. (a)(2)(C). Pub. L. 102-325, 414(b), amended subpar. (C)
generally, revising and restating as cls. (i) to (iii) provisions
formerly contained in cls. (i) to (xi).
Subsec. (a)(2)(G) to (I). Pub. L. 102-325, 414(c)(1), struck out
''and'' at end of subpar. (G), added subpar. (H), and redesignated
former subpar. (H) as (I).
Subsec. (a)(3). Pub. L. 102-325, 414(d), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''the funds
borrowed by a student are disbursed to the institution by check or other
means that is payable to and requires the endorsement or other
certification by such student, except nothing in this subchapter and
part C of subchapter I of chapter 34 of title 42 shall be interpreted to
allow the Secretary to require checks to be made co-payable to the
institution and the borrower or to prohibit the disbursement of loan
proceeds by means other than by check; and''.
Subsec. (c). Pub. L. 102-325, 414(c)(2), (e), substituted ''Special
repayment rules'' for ''Minimum repayment rate'' in heading and in text
''Except as provided in subsection (a)(2)(H) of this section, the
total'' for ''The total'' and ''(but in no instance less than the amount
of interest due and payable)'' for '', except that in the case of a
husband and wife, both of whom have such loans outstanding, the total of
the combined payments for such a couple during any year shall not be
less than $600 or the balance of all such loans, whichever is less''.
1991 -- Subsec. (a)(2)(A). Pub. L. 102-164, 601(a), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows: ''is
made without security and without endorsement, except that if the
borrower is a minor and such note or other written agreement executed by
the borrower would not, under the applicable law, create a binding
obligation, endorsement may be required;''.
Subsec. (d). Pub. L. 102-164, 602(a), added subsec. (d).
1989 -- Subsec. (a)(2)(C)(i). Pub. L. 101-239, 2002(a)(1), inserted
before semicolon at end '', except that no borrower shall be eligible
for a deferment under this clause, or a loan made under this part (other
than a loan made under section 1078-2 or 1078-3 of this title), while
serving in a medical internship or residency program''.
Subsec. (a)(4). Pub. L. 101-239, 2004(b)(2), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ''in the
case of any loan made for any period of enrollment that ends more than
180 days (or 6 months) after the date disbursement is scheduled to
occur, and for an amount of $1,000 or more, the proceeds of the loan
will, subject to subsection (b) of this section, be disbursed directly
by the lender in two or more installments, none of which exceeds
one-half of the loan, with the second installment being disbursed after
not less than one-third of such period (except as necessary to permit
the second installment to be disbursed at the beginning of the second
semester, quarter, or similar division of such period of enrollment).''
1988 -- Subsec. (a)(2)(C)(v). Pub. L. 100-369, 7(c), substituted
''Internal Revenue Code of 1986'' for ''Internal Revenue Code of 1954'',
which for purposes of codification was translated as ''title 26'' thus
requiring no change in text.
Subsec. (a)(2)(C)(vii). Pub. L. 100-369, 11(a), inserted ''after
January 1, 1986,'' after ''service''.
Subsec. (b)(2). Pub. L. 100-369, 5(b)(1), substituted ''section
1078-2 or 1078-3'' for ''section 1078-1, 1078-2, or 1078-3''.
1987 -- Subsec. (a)(2)(C)(vi). Pub. L. 100-50, 10(b)(1), inserted
''nonprofit'' before ''private''.
Subsec. (a)(2)(C)(vii). Pub. L. 100-50, 10(b)(2), inserted ''or
serving in an internship or residency program leading to a degree or
certificate awarded by an institution of higher education, a hospital,
or a health care facility that offers postgraduate training'' before
semicolon at end.
Subsec. (a)(4). Pub. L. 100-50, 10(c), substituted ''$1,000 or
more'' for ''more than $1,000''.
Amendment by Pub. L. 102-325 effective July 23, 1992, except that
changes made in subsec. (a)(2)(C), relating to deferments, applicable
with respect to loans for which first disbursement is made on or after
July 1, 1993, to an individual who is a new borrower on date such
individual applies for a loan, and except that changes made in subsec.
(a)(2)(H), relating to offering graduated or income sensitive repayment
options, applicable with respect to loans for which first disbursement
is made on or after July 1, 1993, to an individual who is a new borrower
on date such individual applies for a loan, see section 432 of Pub. L.
102-325, set out as a note under section 1078 of this title.
Section 2002(a)(4) of Pub. L. 101-239 provided that: ''The
amendments made by this subsection (amending this section and sections
1078 and 1087dd of this title) shall apply to any loan made, insured, or
guaranteed under part B or part E of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1071 et seq., 1087aa et seq.), including a loan
made before the enactment of this Act (Dec. 19, 1989), and shall take
effect on January 1, 1990, except that such amendments shall not apply
with respect to any portion of a period of deferment granted to a
borrower under section 427(a)(2)(C)(i), 428(b)(1)(M)(i), or
464(c)(2)(A)(i) of the Higher Education Act of 1965 (sections
1077(a)(2)(C)(i), 1078(b)(1)(M)(i), 1087dd(c)(2)(A)(i) of this title)
for service in a medical internship or residency program that is
completed prior to the effective date of this section (Dec. 19, 1989).''
Section 2004(c) of Pub. L. 101-239 provided that: ''The amendments
made by this section (enacting section 1078-7 of this title and amending
this section and section 1078 of this title) shall apply with respect to
loans made to cover the cost of instruction for periods of enrollment
beginning on or after January 1, 1990.''
Section 11(b) of Pub. L. 100-369 provided that: ''The amendments
made by subsection (a) (amending this section and section 1078 of this
title) and section 10(b) of the Higher Education Technical Amendments
Act of 1987 (section 10(b) of Pub. L. 100-50, amending this section and
section 1078 of this title) shall apply with respect to loans made,
insured or guaranteed under part B of the Higher Education Act of 1965
(probably means part B of title IV of Pub. L. 89-329 which is classified
to this part), on, before, or after the date of enactment of the Higher
Education Technical Amendments Act of 1987 (June 3, 1987).''
Amendment by section 5(b)(1) of Pub. L. 100-369 effective with
respect to loans made on or after Oct. 1, 1988, and amendment by
section 7(c) of Pub. L. 100-369 effective July 18, 1988, see section
13(b) of Pub. L. 100-369, set out as a note under section 1078-1 of
this title.
Amendment by section 10(b) of Pub. L. 100-50 applicable with respect
to loans made, insured or guaranteed under this part on, before, or
after June 3, 1987, see section 11(b) of Pub. L. 100-369, set out as an
Effective Date of 1988 Amendment note above.
Amendment by Pub. L. 100-50 effective as if enacted as part of the
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of
Pub. L. 100-50, set out as a note under section 1001 of this title.
Section effective Oct. 17, 1986, except that subsec. (a)(2)(C)
(other than cls. (viii), (ix), and (x) thereof) of this section shall
apply only to loans to new borrowers made to cover the costs of
instruction for periods of enrollment beginning on or after July 1,
1987, or disbursed on or after July 1, 1987, see section 402(b) of Pub.
L. 99-498, set out as a note under section 1071 of this title.
/1/ So in original. Probably should be followed by ''section''.
/2/ So in original. The comma probably should not appear.