Public Law 93–380.
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88 Stat. 484 Public Law 93–380 AN ACT To extend and amend the Elementary and Secondary Education Act of 1965, and for other purposes. August 21, 1974[[H. R. 69](/us/bill/88/hr/69)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Education Amendments of 1974.[20 USC 821 note](/us/usc/t20/s821). That this Act may be cited as the “Education Amendments of 1974”. TABLE OF CONTENTS Sec. 2. General provisions. TITLE I— AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 Sec. 101.
Amendments to title I of the Elementary and Secondary Education Act of 1965—special educational programs and projects for educationally deprived children.
(1)Extension of the program.
(2)Amendments relating to allocation of basic grants.
(3)Amendment relating to incentive grants.
(4)Amendments relating to special grants.
(5)Amendments relating to applications.
(6)Amendments relating to participation of children enrolled in private schools.
(7)Amendments relating to adjustments where necessitated by appropriations.
(8)Amendments relating to allocation of funds within the school district of a local educational agency and program evaluation.
(9)Tech ideal amendments.
(10)Provision with respect to additional authorizations for certain local educational agencies.
(b)Effective date. Sec. 102. School library resources, textbooks, and other Instructional materials. Sec. 103. Supplementary educational centers and services; guidance, counseling, and testing. Sec. 104. Strengthening State and local educational agencies. Sec. 105. Bilingual educational programs. Sec. 106. Statute of limitations. Sec. 107. Dropout prevention projects. Sec. 108. School nutrition and health services. Sec. 109. Correction education services. Sec. 110. Open meetings of educational agencies. Sec. 111. Ethnic heritage studies centers. TITLE II— EQUAL EDUCATIONAL OPPORTUNITIES AND THE TRANSPORTATION OF STUDENTS Sec. 201. Short title. Part A— Equal Educational Opportunities Subpart 1— Policy and Purpose Sec. 202. Declaration of policy. Sec. 203. Findings. Subpart 2— Unlawful Practices Sec. 204. Denial of equal educational opportunity prohibited. Sec. 205. Balance not required. Sec. 206. Assignment on neighborhood basis not a denial of equal educational opportunity. Subpart 3— Enforcement Sec. 207. Civil actions. Sec. 208. Effect of certain population changes on certain actions. Sec. 209. Jurisdiction of district courts. Sec. 210. Intervention by Attorney General. Sec. 211. Suits by the Attorney General. 88 Stat. 485 Subpart 4— Remedies Sec. 213. Formulating remedies; applicability. Sec. 214. Priority of remedies. Sec. 215. Transportation of students. Sec. 216. District lines. Sec. 217. Voluntary adoption of remedies. Sec. 218. Reopening proceedings. Sec. 219. Limitation on orders. Subpart 5— Definitions Sec. 221. Definitions. Subpart 6— Miscellaneous Provisions Sec. 222. Repealer. Sec. 223. Separability of provisions. Part B— Other Provisions Relating to the Assignment and Transportation of Students Sec. 251. Prohibition against assignment or transportation of students to overcome racial imbalance. Sec. 252. Prohibition against use of appropriated funds for busing. Sec. 253. Provision relating to court appeals. Sec. 254. Provision requiring that rules of evidence be uniform. Sec. 255. Application of proviso of section 407(a) of the Civil Rights Act of 1964 to the entire United States. Sec. 256. Additional priority of remedies. Sec. 257. Remedies with respect to school district lines. Sec. 258. Prohibition of forced busing during the school year. Sec. 259. Reasonable time for developing voluntary plan for desegregating schools. TITLE III— FEDERAL IMPACT AID PROGRAMS Sec. 301. Duration of payments under Public Law 815, Eighty-first Congress. Sec. 302. Amendments to Public Law 815, Eighty-first Congress. Sec. 303. Duration of payments under title I of Public Law 874, Eighty-first Congress except section 3 thereof. Sec. 304. Amendments to Public Law 874, Eighty-first Congress for fiscal year 1975. Sec. 305. Amendments to sections 3, 5, and 7 of Public Law 874, Eighty-first Congress. TITLE IV— CONSOLIDATION OF CERTAIN EDUCATION PROGRAMS Sec. 401. Consolidation of library, and learning resources, educational innovation, and support programs. Sec. 402. Consolidation of certain federally operated educational programs.
(a)The Special Projects Act.
(1)Priorities and preferences under the Special Projects Act.
(2)Apportionment of reserved funds.
(3)Uses of reserved funds.
(4)Limitation on duplicate appropriations.
(1)Effective date.
(2)Amendments repealing section 306 of the Elementary and Secondary Education Act of 1965.
(3)Amendments repealing section 809 of the Elementary and Secondary Education Act of 1965. Sec. 403. Education for the use of the metric system of measurement. Sec. 404. Gifted and talented children. Sec. 405. Community schools. Sec. 406. Career education. Sec. 407. Consumers’ education. Sec. 408. Women’s educational equity. Sec. 409. Elementary and secondary school education in the arts. Sec. 410. Effective date. 88 Stat. 486 TITLE V— EDUCATION ADMINISTRATION Sec. 501. National center for education statistics. Sec. 502. General provisions relating to officers in the education division. Sec. 503. Amendments with respect to the Office of Education; regional offices. Sec. 504. Amendments with respect to the education division. Sec. 505. Amendment with respect to applicability, authorization of appropriations, and other general matters. Sec. 500. Revision of appropriations and evaluations provisions. Sec. 507. Applicability of part C. Sec. 508. Publication of indexed compilation of innovative projects; review of applications. Sec. 509. Amendments to section 431 of the General Education Provisions Act relating to rules, regulations, and other requirements of general applicability. Sec. 510. Audits and recordkeeping. Sec. 511. Simplified State application. Sec. 512. Furnishing information. Sec. 513. Protection of the rights and privacy of parents and students. Sec. 514. Protection of pupil rights. Sec. 515. Limitation on withholding of Federal funds. Sec. 516. Appointment of members of and functioning of advisory councils. Sec. 517. Other amendments relating to advisory councils. Sec. 518. Relation to other laws. Sec. 519. Office of Libraries and Learning Resources. TITLE VI— EXTENSION AND REVISION OF RELATED ELEMENTARY AND SECONDARY EDUCATION PROGRAMS Part A— Adult Education Sec. 601. Definition of “community school program”. Sec. 602. Special projects reservation eliminated. Sec. 603. New State plan requirements. Sec. 604. Use of funds for special projects. Sec. 605. Clearinghouse on adult education. Sec. 606. State advisory councils. Sec. 607. Amendments relating to bilingual education. Sec. 608. Extension of authorizations of appropriations; technical amendments. Sec. 609. Effective dates. Part B— Education of the Handicapped Sec. 611. Short title. Sec. 612. Bureau for the education and training of the handicapped. Sec. 613. Advisory Committee. Sec. 614. State entitlements. Sec. 615. Additional State plan requirement. Sec. 616. Regional education programs for deaf and other handicapped persons. Sec. 617. Centers and services Sec. 618. Personnel training. Sec. 619. Research. Sec. 620. Instructional media. Sec. 621. Specific learning disabilities. Part C— Indian Education Sec. 631. Extension of programs for the education of Indian children. Sec. 632. Revision of programs relating to Indian education. Part D— Emergency School Aid Sec. 641. Extension of the Emergency School Aid Act. Sec. 642. Repeal of reservation for certain metropolitan projects. Sec. 643. Amendment with respect to eligibility. Sec. 644. Special projects for the teaching of mathematics. Sec. 645. Amendment relating to nonprofit groups. Sec. 646. Effective date. 88 Stat. 487 Part E— National Defense Education Sec. 651. Extension of title III. TITLE VII— NATIONAL READING IMPROVEMENT PROGRAM Sec. 701. Statement of purpose. Part A— Reading Improvement Projects Sec. 705. Projects authorized. Part B— State Reading Improvement Programs Sec. 711. Statement of purpose. Sec. 712. Applicability and effective date. Sec. 713. Allotments to States. Sec. 714. Agreements with State educational agencies. Part C— Other Reading Improvement Programs Sec. 721. Special emphasis projects. Sec. 722. Reading training on public television. Sec. 723. Reading academies. Part D— General Provisions Sec. 731. Evaluation. Sec. 732. Authorization of appropriations. TITLE VIII— MISCELLANEOUS PROVISIONS Part A— Policy Statements and White House Conference on Education Sec. 801. National policy with respect to equal educational opportunity. Sec. 802. Policy with respect to advance funding of education programs. Sec. 803. Policy of the United States with respect to museums as educational institutions. Sec. 804. White House Conference on Education. Part B— Educational Studies and Surveys Sec. 821. Study of purposes and effectiveness of compensatory education programs. Sec. 822. Survey and study for updating number of children counted. Sec. 823. Study of the measure of poverty used under title I of the Elementary and Secondary Education Act of 1965. Sec. 824. Study of late funding of elementary and secondary education programs. Sec. 825. Safe school study. Sec. 826. Study of athletic Injuries. Part C— Amendments to the Higher Education Act of 1965 Sec. 831. Community service and continuing education amendments. Sec. 832. Developing institutions amendment. Sec. 833. Bilingual education amendments. Sec. 834. Veterans cost of Instruction payments amendments. Sec. 835. Teacher corps amendments. Sec. 836. Amendment to title IX respecting training in the legal profession. Sec. 837. Community college and occupational education amendment. Part D— Other Miscellaneous Provisions Sec. 841. Amendments to the Library Services and Construction Act and the Vocational Education Act of 1963 relating to bilingual education and vocational training. Sec. 842. Assistance to States for State equalization plans. Sec. 843. Treatment of Puerto Rico as a State. Sec. 844. Provision relating to sex discrimination. Sec. 845. Extension of advisory councils. Sec. 846. Separability. 88 Stat. 488 general provisions Sec. 2. Definition.
(a)As used in this Act—
(1)the term “Secretary” means the Secretary of Health, Education, and Welfare;
(2)the term “Assistant Secretary” means the Assistant Secretary of Health, Education, and Welfare for Education; and
(3)the term “Commissioner” means the Commissioner of Education; unless the context of such use requires another meaning.
(b)Unless otherwise specified, the redesignation or a title, part, section, subsection, or other designation by any amendment in this Act shall include the redesignation of all references to such title, part, section, subsection, or other designation in any Act or regulation, however styled. Effective dates.[20 USC 241b note](/us/usc/t20/s241b).(c)
(1)Unless otherwise specified, each provision of this Act and each amendment made by this Act shall be effective on and after the sixtieth day after the enactment of this Act.
(2)In any case where the effective date for an amendment made by this Act 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. TITLE I— AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 amendments to title i of the elementary and secondary education act of 1905 special educational programs and projects for educationally deprived children Sec. 101.
(1)Section 102 of title I of the Elementary and Secondary [20 USC 241b](/us/usc/t20/s241b).Education Act of 1965 is amended to read as follows: " “duration of assistance “Sec. 102. During the period beginning July 1, 1973, and ending June 30, 1978, the Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for grants made on the basis of entitlements created under this title.”. "
(I)Such title I is amended by inserting immediately [20 USC 241c](/us/usc/t20/s241c).after the heading of part A the following new heading: " “Subpart 1— Grants to Local Educational Agencies”. " Appropriation.[20 USC 241c](/us/usc/t20/s241c).(II) Section 103(a) of such title I is amended to read as follows: " “Sec. 103.
(1)There is authorized to be appropriated for each fiscal year for the purpose of this paragraph 1 per centum of the amount appropriated for such year for payments to States under *Post*, p. 500.section 143(a) (other than payments under such section to jurisdictions excluded from the term ‘State’ by this subsection, and payments *Post*, p. 494.pursuant to section 124), and there shall be authorized to be appropriated such additional sums as will assure at least the same level of funding under this title as in fiscal year 1973 for Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and to the Secretary of the Interior for payments pursuant to paragraphs
(1)and
(2)of subsection (d). The amount appropriated pursuant to this paragraph shall be allotted by the Commissioner
(A)among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for grants under this part, and
(B)to the Secretary of the Interior in the 88 Stat. 489amount necessary
(i)to make payments pursuant to paragraph
(1)of subsection (d), and
(ii)to make payments pursuant to paragraph
(2)of subsection (d). The grant which a local educational agency in Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands is eligible to receive shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. “(2) In any case in which the Commissioner determines that satisfactoryGrant formula. data for that purpose are available, the grant which a local educational agency in a State shall be eligible to receive under this subpart for a fiscal year shall (except as provided in paragraph (3)) be determined by multiplying the number of children counted under subsection
(c)by 40 per centum of the amount determined under the next sentence. The amount determined under this sentence shall be the average per pupil expenditure in the State except that
(A)if the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, such amount shall be 80 per centum of the average per pupil expenditure in the United States, or
(B)if the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, such amount shall be 120 per centum of the average per pupil expenditure in the United States. In any case in which such data are not available, subject to paragraph (3), the grant for any local educational agency in a State shall be determined on the basis of the aggregate amount of such grants for all such agencies in the county or counties in which the school district of the particular agency is located, which aggregate amount shall be equal to the aggregate amount determined under the two preceding sentences for such county or counties, and shall be allocated among those agencies upon such equitable basis as may be determined by the State educational agency in accordance with basic criteria prescribed by the Commissioner. “(3)
(A)Upon determination by the State educational agency thatSpecial education. a local educational agency in the State is unable or unwilling to provide for the special educational needs of children described in clause
(C)of paragraph
(1)of subsection (c), who are living in institutions for neglected or delinquent children, the State educational agency shall, if it assumes responsibility for the special educational needs of such children, be eligible to receive the portion of the allocation to such local educational agency which is attributable to such neglected or delinquent children, but if the State educational agency does not assume such responsibility, any other State or local public agency, as determined by regulations established by the Commissioner, which does assume such responsibility shall be eligible to receive such portion of the allocation. “(B) In the case of local educational agencies which serve in whole or in part the same geographical area, and in the case of a local educational agency which provides free public education for a substantial number of children who reside in the school district of another local educational agency, the State educational agency may allocate the amount of the grants for those agencies among them in such manner as it determines will best carry out the purposes of this title. “(C) The grant which Puerto Rico shall be eligible to receive underPuerto Rico, grant formula. this subpart for a fiscal year shall be the amount arrived at by multiplying the number of children counted under subsection
(c)by 40 per centum of
(i)the average per pupil expenditure in Puerto Rico or
(ii)in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States. 88 Stat. 490 “State.”“(4) For purposes of this subsection, the term ‘State’ does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.” " [20 USC 241c](/us/usc/t20/s241c).(ii) Section 103(b) of such title I is amended by striking out “aged five to seventeen, inclusive, described in clauses (A), (B), and
(C)of the first sentence of paragraph
(2)of subsection (a)” and inserting in lieu thereof “counted under subsection
(c)”.
(B)Section 103(c) of such title I is amended to read as follows: " “(c)
(1)The number of children to be counted for purposes of this section is the aggregate of
(A)the number of children aged five to seventeen, inclusive, in the school district of the local educational agency from families below the poverty level as determined under paragraph (2)(A),
(B)two-thirds of the number of children aged five to seventeen, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (2)(B), and
(C)the number of children aged five to seventeen, inclusive, in the school district of such agency living in institutions for neglected or delinquent children (other than such institutions operated by the *Post*, p. 494.United States) but not counted pursuant to section 123 for the purposes of a grant to a State agency, or being supported in foster homes with public funds.”. "
(i)Subsection
(d)of section 103 is redesignated as paragraph
(2)of subsection (c). *Supra*.(ii) The first sentence of such paragraph (2), as redesignated by this section, is amended to read as follows: " “(A) For the purposes of this sect! on, the Commissioner shall determine the number of children aged five to seventeen, inclusive, from families below the poverty level on the basis of the most recent satisfactory data available from the Department of Commerce for local educational agencies (or, if such data are not available for such agencies, for counties); and in determining the families which are below the poverty level, the Commissioner shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census.”. " Repeal.(iii) The second sentence of paragraph
(2)of such subsection
(c)(as redesignated by this section) is repealed. *Supra*.(iv) The third sentence of such paragraph
(2)is amended to read as follows: " “(B) For purposes of this section, the Secretary of Health, Education, and Welfare shall determine the number of children aged five to seventeen, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an annual income, in excess of the current criteria of poverty, from payments under the program of aid to families with dependent children under a [42 USC 601](/us/usc/t42/s601).State plan approved under title IV of the Social Security Act; and in making such determinations the Secretary shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census for a non farm family of four in such form as those criteria have been updated by increases in the Consumer Price Index. The Secretary shall determine the number of such children and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of January of the preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty and the form of such criteria required by such sentence which were determined for the second calendar year preceding such month of January) or, to the extent that such data are not available to him before April 1 of the calendar year 88 Stat. 491in which the Secretary’s determination is made, then on the basis of the most recent reliable data available to him at the time of such determination.”. "
(v)The fourth sentence of such paragraph
(2)(as redesignated by*Ante*, p. 490. this section) is amended by striking out the word “When” and inserting in lieu thereof the following: " “(C) When”; and by striking out “having an annual income less than the low-income factor (established pursuant to subsection (c))” and inserting in lieu thereof “below the poverty level (as determined under paragraph
(A)of this subsection) ”. "
(vi)Section 103(e) of such title I is repealed.Repeal.[20 USC 241c](/us/usc/t20/s241c).Out-of-State Indian children, payments.
(D)Section 103 of such title I is amended by adding at the end thereof the following: " “(d)
(1)From the amount allotted for payments to the Secretary of the Interior under clause (B)(i) in the second sentence of subsection (a)(1), the Secretary of the Interior shall make payments to local educational agencies, upon such terms as the Commissioner determines will best carry out the purposes of this title, with respect to out-of-State Indian children in the elementary and secondary schools of such agencies under special contracts with the Department of the Interior. The amount of such payment may not exceed, for each such child, 40 per centum of
(A)the average per pupil expenditure in the State in which the agency is located or
(B)120 per centum of such expenditure in the United States, whichever is the greater. “(2) The amount allotted for payments to the Secretary of the Interior under clause (B)(ii) in the second sentence of subsection (a)(1) for any fiscal year shall be, as determined pursuant to criteria established by the Commissioner, the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior. Such payments shall be made pursuant to an agreement between the Commissioner and the Secretary containing such assurances and terms as the Commissioner determines will best achieve the purposes of this title. Such agreement shall contain
(A)an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of section 141
(a)and that the Department of*Post*, p. 496. the Interior will comply in all other respects with the requirements of this title, and
(B)provision for carrying out the applicable provisions of sections 141(a) and 142(a)(3).”.[20 USC 241e, 241f](/us/usc/t20/s241e, 241f).[20 USC 241a note](/us/usc/t20/s241a). "
(E)Such title I is amended by inserting at the end of part A the following: " “Subpart 2— State Operated Programs “programs for handicapped children “Sec. 121.
(a)A State agency which is directly responsible for providingGrants.[20 USC 24lc–1](/us/usc/t20/s24lc–1). 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), shall be eligible to receive a grant under this section for any fiscal year. “(b) Except as provided in sections 124 and 125, the grant which*Post*, pp. 494, 495. an agency (other than the agency for Puerto Rico) shall be eligible to receive under this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or
(1)in the case where the average per pupil expenditure in the State is less than 80 88 Stat. 492per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or
(2)in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States), multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with such State agency, in the most recent fiscal year for which satisfactory data are available. The grant which Puerto Rico shall be eligible to receive under this section shall be the amount arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of
(1)the average per pupil expenditure in Puerto Rico or
(2)in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States. Grants, use limitation.“(c) A State agency shall use the payments made under this section only for programs and projects (including the acquisition of equipment and, where necessary, the construction of school facilities) which are designed to meet the special educational needs of such children, and the State agency shall provide assurances to the Commissioner that each such child in average daily attendance counted under subsection
(b)will be provided with such a program, commensurate with his special needs, during any fiscal year for which such payments are made. “(d) In the case where such a child leaves an educational program for handicapped children operated or supported by the State agency in order to participate in such a program operated or supported by a local educational agency, such child shall be counted under subsection
(b)if
(1)he continues to receive an appropriately designed educational program and
(2)the State agency transfers to the local educational agency in whose program such child participates an amount equal to the sums received by such State agency under this section which are attributable to such child, to be used for the purposes set forth in subsection (c). “programs for migratory children “Sec. 122. Grants.[20 USC 241c–2](/us/usc/t20/s241c–2).
(1)A State educational agency or a combination of such agencies, upon application, shall be entitled to receive a grant for any fiscal year under this section to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers or of migratory Application, approval.fishermen. The Commissioner may approve such an application only upon his determination— “(A) that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers or of migratory fishermen, and to coordinate these programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children; “(B) that in planning and carrying out programs and projects there has been and will be appropriate coordination with pro-88 Stat. 493grams administered under part B of title III of the Economic Opportunity Act of 1964;[42 USC 2861](/us/usc/t42/s2861). “(C) that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of clauses (1)(B) and
(3)through
(12)of section 141(a); and*Post*, p. 496. “(D) that, in planning and carrying out programs and projects, there has been adequate assurance that provision will be made for the preschool educational needs of migratory children of migratory agricultural workers or of migratory fishermen, whenever such agency determines that compliance with this clause will not detract from the operation of programs and projects described in clause
(A)of this paragraph after considering the funds available for this purpose. The Commissioner shall not finally disapprove an application of a State educational agency under this paragraph except after reasonable notice and opportunity for a hearing to the State educational agency. “(2) If the Commissioner determines that a State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers or or migratory fishermen, or that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, he may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this section in one or more States, and for this purpose he may use all or part of the total of grants available for any such State under this section. “(3) For purposes of this section, with the concurrence of his parents, a migratory child of a migratory agricultural worker or of a migratory fisherman shall be deemed to continue to be such a child for a period, not in excess of five years, during which he resides in the area served by the agency carrying on a program or project under this subsection. Such children who are presently migrant, as determined pursuant to regulations of the Commissioner, shall be given priority in this consideration of programs and activities contained in applications submitted under this subsection. “(b) Except as provided in sections 124 and 125, the total grantsGrants, availability.*Post*, pp. 494, 495. which shall be made available for use in any State (other than Puerto Rico) for this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or
(1)in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or
(2)in the case where the average per pupil expenditure in the State is more than 120 per centum or the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by
(1)the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and
(2)the full-time equivalent of the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State part time, as determined by the Commissioner in accordance with regulations, except that if, in the case of any State, such amount exceeds the amount required under subsection (a), the Commissioner shall allocate such excess, to the extent necessary, to other States whose total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States. The total grant which shall be made available for use in Puerto Rico shall be arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of
(1)the average per pupil expenditure in Puerto Rico or
(2)in the case where such average per 88 Stat. 494pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States. In determining the number of migrant children for the purposes of this section the Commissioner shall use statistics made available by the migrant student record transfer system or such other system as he may determine most accurately and fully reflects the actual number of migrant students. “programs for neglected or delinquent children “Sec. 123. Grants.[20 USC 241c–3](/us/usc/t20/s241c–3).
(a)A State agency which is directly responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions shall be entitled to receive a grant under this section for any fiscal year (but only if grants received under this section are used only for children in such institutions). *Infra*.*Post*, p. 495.“(b) Except as provided in sections 124 and 125, the grant which such an agency (other than the agency for Puerto Rico) shall be eligible to receive shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or
(1)in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or
(2)in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for such children operated or supported by that agency, including schools providing education for such children under contract or other arrangement with such agency, in the most recent fiscal year for which satisfactory data are available. The grant which Puerto Rico shall be eligible to receive under this section shall be the amount arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of
(1)the average per pupil expenditure in Puerto Rico or
(2)in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States. Grants, use limitation.“(c) A State agency shall use payments under this section only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children. “reservation of funds for territories “Sec. 124. Appropriation.[20 USC 24lc–4](/us/usc/t20/s24lc–)“*Ante*, pp. 491, 492.*Supra*. There is authorized to be appropriated for each fiscal year for purposes of each of sections 121, 122, and 123, an amount equal to not more than 1 per centum of the amount appropriated for such year for such sections for payments to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands under each such section. The amounts appropriated for each such section shall be allotted among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants, based on such criteria as the, Commissioner determines will best carry out the purposes of this title. 88 Stat. 495 “minimum payments fob state operated programs “Sec. 125. Except as provided in section 843 of the Education[20 USC 241c–5](/us/usc/t20/s241c–5).*Post*, p. 611.*Ante*, pp. 491, 492, 494. Amendments of 1974, no State agency shall receive in any fiscal year prior to July 1, 1978, pursuant to sections 121, 122, or 123 an amount which is less than UK) per centum of the amount which that State agency received in the prior fiscal year pursuant to such sections 121, 122, or 123, respectively.”. "
(3)Section 121 of such title I and all references thereto are redesignated[20 USC 241d](/us/usc/t20/s241d). as section 126.
(A)Part C of such title I is amended to read as follows:[20 USC 241d–11](/us/usc/t20/s241d–11). " “Part C— Special Grants “eligibility and maximum amount of special grants “Sec. 131.
(a)Each local educational agency in a State which is eligible for a grant under this title for any fiscal year shall be entitled to an additional grant for that fiscal year if it meets the requirements of subsection (b). The amount of such grant shall be determined in accordance with subsection (c). “(b)
(1)A local educational agency shall be entitled to a grant under this part for any fiscal year if the school district of such agency is located in a county in which— “(A) the number of children described in paragraph
(2)for such year amounts to at least 200 per centum of the average number of such children in all counties in the State in which such agency is located for that fiscal year; or “(B) the number of children so described in such county for Such year is 10,000 and amounts to 5 per centum of the total number of children in such county. “(2) For the purposes of paragraph (1), the children counted with respect to a local educational agency shall be those children in the such county who are— “(A) in families having an annual income of $3,000 or less: or “(B) in families receiving an annual income in excess of $3,000 from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act; or[42 USC 601](/us/usc/t42/s601). “(C) living in institutions for neglected or delinquent children or being supported in foster homes with public funds. “(3)
(A)Determinations with respect to numbers of children in any county under paragraph
(2)shall be made by the Commissioner on the basis of the most recent satisfactory data available to him. “(B)
(i)The number of children determined with respect to one or more counties shall be allocated by the Commissioner, for the purposes of paragraph (2), among the local educational agencies with school districts located in such county or counties. “(ii) In any case where— “(I) two or more local educational agencies serve, in whole or in part, the same geographical area; or “(II) a local educational agency provides free public education for a substantial number of children who reside in the school district of another local educational agency, the Commissioner may allocate the number of children determined under this subsection among such agencies in such a manner as will best achieve the purposes of this section. “(C)
(i)For the purposes of paragraph (2), the Commissioner shall determine the number of children from families having an annual income of $3,000 or less on the basis of the most recent satisfactory 88 Stat. 496data available from the Department of Commerce. At any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this subsection. “(ii) For the purposes of this subsection, the Secretary of Health, Education, and Welfare shall determine the number of children from families receiving an annual income in excess of $3,000 from payments under the program of aid to families with dependent children [42 USC 601](/us/usc/t42/s601).under a State plan approved under title IV of the Social Security Act and the number of children living in institutions for neglected or delinquent children or being supported in foster homes with public funds, on the basis of caseload data for the month of January of the preceding fiscal year, or to the extent that such data are not available to him before April 1 of the calendar year in which the determination is made, then on the basis of the most recent data available to him at the time of such determination. For the purposes of this subsection, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children. Grant formula.“(c) The amount of the grant to which a local educational agency shall be entitled for any fiscal year shall be— “(A) the number of children determined with respect to such agency under subsection (b); multiplied by— “(B) 50 per centum of the average per pupil expenditure of all the local educational agencies in the State in which such agency is located. Payments, limitation.“(d) Notwithstanding any other provision of this section, no payments for any fiscal year under this part to the local educational agencies in a single State shall exceed 12 per centum of the aggregate payments to all local educational agencies in that year under this part. “(e)
(1)The aggregate of the amount for which all local educational agencies are eligible under this part shall not exceed $75,000,000 for any fiscal year. I f, for any fiscal year, such aggregate, as computed without regard to the preceding sentence, exceeds $75,000,000, the amount for which each local educational agency is eligible shall be reduced ratably until such aggregate does not exceed such limitation. Appropriation.“(2) For the purpose of making payments under this part there are authorized to be appropriated not in excess of $75,000,000 for the fiscal year ending June 30, 1975. “(f) For the purposes of this section, the term— “State.”“(1) ‘State’ means the fifty States and the District of Columbia; and “Children.”“(2) ‘children’ includes all children aged five through seventeen, inclusive.”. " Repeal; effective date.*Ante*, p. 495.Excess costs.[20 USC 241e](/us/usc/t20/s241e).
(B)Effective July 1, 1975, part C of such title I is repealed.
(A)Section 141(a)(1) of such title I is amended by striking out so much thereof as precedes clause
(B)and inserting in lieu thereof the following: " “(1) that payments under this title will be used for the excess costs of programs and projects (including the acquisition of equipment, payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools eligible for assistance under this title, the training of teachers, and, where necessary, the construction of school facilities and plans made or to be made for such programs, projects, and facilities)
(A)which are designed to meet the special educational needs of educationally deprived children in school attendance areas having high concentrations of children from low-income families and”. "
(B)Section 141(a)(1)(A) of such title I is amended by adding 88 Stat. 497before the “and” at the end thereof the following: “(and at the discretion of the local educational agency, in any school of such agency not located in such a school attendance area, at which the proportion of children in actual average daily attendance from low-income families is substantially the same as the proportion of such children in such an area of that agency)”.
(C)Section 141 (a)(2) of such title I is amended to read as follows:[20 USC 241e](/us/usc/t20/s241e). " “(2) that the local educational agency has provided satisfactory assurance that section 141A will be complied with;”.*Infra*. "
(D)Section 141(a) of such title I is amended by striking out “and” after paragraph (12), and by striking out paragraph (13), and inserting in lieu thereof the following: " “(13) that, where a school attendance area does not meet the requirement of paragraph (1)(A) of this subsection for a fiscal year, or in the case of a local educational agency electing to allocate funds under section 140, where such an area does not meet the requirement of that section, but did meet the appropriate requirement in either of the two preceding fiscal years, that school attendance area shall be considered to meet the applicable criterion for that fiscal year; and “(14) that the local educational agency shall establish an advisoryAdvisory councils.Establishment. council for the entire school district and shall establish an advisory council for each school of such agency served by a program or project assisted under section 143(a)(2), each of which[20 USC 241g](/us/usc/t20/s241g). advisory councils— “(A) has as a majority of its members parents of the children to be served, “(B) is composed of members selected by the parents in each school attendance area, “(C) has been given responsibility by such agency for advising it in the planning for, and the implementation and evaluation of, such programs and projects, and “(D) is provided by such agency, in accordance with regulations of the Commissioner, with access to appropriate information concerning such programs and projects.” "
(E)Section 141 of such title I is amended by striking out subsection (c), by redesignating subsection
(b)as subsection (c), and by inserting after subsection
(a)the following new subsection: " “(b) It is the intent of the Congress to encourage, where feasible, the development for each educationally deprived child participating in a program under this title of an individualized written educational plan (maintained and periodically evaluated), agreed upon jointly by the local educational agency, a parent or guardian of the child, and when appropriate, the child.” "
(6)Such title I is amended by inserting immediately after section 141 the following new section: " “participation of children enrolled in private schools “Sec. 141A.
(a)To the extent consistent with the number of educationally[20 USC 241e–1](/us/usc/t20/s241e–1). deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency shall make provision for including special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) in which such children can participate and meeting the requirements of clauses
(A)and
(B)of paragraph
(1)of subsection
(a)of section 141, paragraph
(2)of subsection
(a)of such section, and clauses
(A)and
(B)of paragraph
(3)of subsection
(a)of such section 141. “(b)
(1)If a local educational agency is prohibited by law from 88 Stat. 498providing for the participation in special programs for educationally deprived children enrolled in private elementary and secondary schools Waiver.*Ante*, p. 497.as required by subsection (a), the Commissioner shall waive such requirement and the provisions of section 141 (a)(2), and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a). “(2) If the Commissioner determines that a local educational agency has substantially failed to provide for the participation on an equitable basis of educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a), he shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a), upon which determination the provisions of paragraph
(a)and section 141 (a)(2) shall be waived. Costs, payment.“(3) When the Commissioner arranges for services pursuant to this section, he shall, after consultation with the appropriate public and private school officials, pay the cost of such services from the appropriate allocation or allocations under this title. Notice and hearing.“(4)
(A)the Commissioner shall not take any final action under this section until he has afforded the State educational agency and local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record. Judicial review.“(B) If a State or local educational agency is dissatisfied with the Commissioner’s final action after a hearing under subparagraph
(A)of this paragraph, it may within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. “(C) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. Jurisdiction.“(D) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”. " Appropriation adjustments.[20 USC 241h](/us/usc/t20/s241h).(7) Section 144 of such title I is amended by striking out the first sentence and inserting in lieu thereof the following: “If the sums appropriated for any fiscal year for making the payments provided in this title are not sufficient to pay in full the total amounts which all local and State educational agencies are entitled to receive under this title for such year, the amount available for each grant to a State *Ante*, pp. 491, 492, 494.agency eligible for a grant under section 121. 122, or 123 shall be equal to the total amount of the grant as computed under each such section. If the remainder of such sums available after the application of the preceding sentence is not sufficient to pay in full the total amounts which all local educational agencies are entitled to receive [20 USC 241c](/us/usc/t20/s241c).[20 USC 241d](/us/usc/t20/s241d).under part A of this title for such year, the allocations to such agencies and allocations under part B shall, subject to adjustments under the next sentence, be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amount so appro-88 Stat. 499priated, except that entitlements under such part B shall be taken into consideration only to the extent that appropriations for such title I (excluding part C thereof) exceed $1,396,975,000 for any fiscal year*Ante*, p. 495. and such entitlements shall not exceed $50,000,000 in any fiscal year. The allocation of a local educational agency which would be reduced under the preceding sentence to less than 85 per centum of its allocation under part A for the preceding fiscal year, shall be increased to[20 USC 241c](/us/usc/t20/s241) such amount, the total of the increases thereby required being derived by proportionately reducing the allocations of the remaining local educational agencies, under the preceding sentence, but with such adjustments as may be necessary to prevent the allocation to any remaining local educational agency from being thereby reduced to less than 85 per centum of its allocation for such year. If the aggregate of the amounts to which all States are entitled under such part B exceeds $50,000,000 the entitlement of each State shall be reduced ratably until such aggregate does not exceed $50,000,000 in such fiscal year.”.
(8)Section 150 of such title I is redesignated as section 152, and[20 USC 241a note](/us/usc/t20/s241a). such title 1 is further amended by adding immediately after section 149 the following new sections: " “allocation of funds within tire school district of a local educational agency “Sec. 150.
(a)For any fiscal year not more than 20 local educational[20 USC 241n](/us/usc/t20/s241n). agencies selected for the purpose of section 821(a)(5) of the Education Amendments of 1974 may elect, with the approval of the district-wide*Post*, p. 599. parent advisory council which is required to be established under section 141 (a)(14) of this title, to allocate funds received from payments*Ante*, p. 497. under this title on the oasis of a method or combination of methods other than the method provided under section 141(a)(1)(A).*Ante*, p. 496. Any method selected pursuant to this section shall be so designed and administered as to be free from racial or cultural discrimination. “(b) Any local educational agency to which this section applies shallReports to Director of the National Institute of Education. submit such reports to the Director of the National Institute of Education at such time and in such manner as the Director may reasonably require to carry out his responsibilities under section 821(a)(5) of the Education Amendments of 1974. “program evaluation “Sec. 151.
(a)The Commissioner shall provide for independent[20 USC 2410](/us/usc/t20/s2410). evaluations which describe and measure the impact of programs and projects assisted under this title. Such evaluations may be provided by contract or other arrangements, and all such evaluations shall be made by competent and independent persons, and shall include, whenever possible, opinions obtained from program or project participants about the strengths and weaknesses of such programs or projects. “(b) The Commissioner shall develop and publish standards forStandards. evaluation of program or project effectiveness in achieving the objectives of this title. “(c) The Commissioner shall, where appropriate, consult with StateStudies. agencies in order to provide for jointly sponsored objective evaluation studies of programs and projects assisted under this title within a State. “(d) The Commissioner shall provide to State educational agencies,Models. models for evaluations of all programs conducted under this title, for their use in carrying out their functions under section 143(a), which[20 USC 241g](/us/usc/t20/s241g). shall include uniform procedures and criteria to be utilized by local 88 Stat. 500educational agencies, as well as by the State agency in the evaluation of such programs. Technical assistance.“(e) The Commissioner shall provide such technical and other assistance as may be necessary to State educational agencies to enable them to assist local educational agencies in the development and application of a systematic evaluation of programs in accordance with the models developed by the Commissioner. “(f) The models developed by the Commissioner shall specify objective criteria which shall be utilized in the evaluation of all programs and shall outline techniques (such as longitudinal studies of children involved in such programs) and methodology (such as the use of tests which yield comparable results) for producing data which are comparable on a statewide and nationwide basis. Report to congressional committees.“(g) The Commissioner shall make a report to the respective committees of the Congress having legislative jurisdiction over programs authorized by this title and the respective Committees on Appropriations concerning his progress in carrying out this section not later Annual reports.than January 31, 1975, and thereafter he shall report to such committees no later than January 31 of each calendar year the results of the evaluations of programs and projects required under this section, which shall be comprehensive and detailed, as up-to-date as possible, and based to the maximum extent possible on objective measurements, together with any other related findings and evaluations, and his recommendations with respect to legislation. Information gathering and dissemination systems.“(h) The Commissioner shall also develop a system for the gathering and dissemination of results of evaluations and for the identification of exemplary programs and projects, or of particularly effective elements of programs and projects, and for the dissemination of information concerning such programs and projects or such elements thereof to State and local educational agencies responsible for the design and conduct of programs and projects under this title, and to the education profession and the general public. Appropriations, limitation.“(i) The Commissioner is authorized, out of funds appropriated to carry out this title in any fiscal year, to expend such sums as may be necessary to carry out the provisions of this section, but not to exceed one-half of 1 per centum of the amount appropriated for such program, of which $5,000,000 for each fiscal year ending prior to July 1, 1977, shall be available only for the surveys and studies authorized by section *Post*, p. 599.821 of the Education Amendments of 1974.”. " [20 USC 241e](/us/usc/t20/s241e).(9)
(A)Section 141(a)(4) of such title is amended by striking out “section 145” and inserting in lieu thereof “section 433 of the General [20 USC 1221 note](/us/usc/t20/s1221).Education Provisions Act”. [20 USC 241e](/us/usc/t20/s241e).(B) Section 141 (a)(1)(B) of such title is amended by striking out “maximum”. [20 USC 241g](/us/usc/t20/s241g).(C) Section 143(a)(2) of such title is amended by striking out “maximum”. [20 USC 241f](/us/usc/t20/s241f).(D) Section 142 of such title is amended by striking out “described in section 141(c)” and inserting in lieu thereof “provided for in section *Ante*, p. 492.122”.
(E)Section 142(a)(1) of such title is amended by striking out “section 103(a)(5)” and inserting in lieu thereof “section 121”.
(F)Section 143(a)(2) of such title is amended by striking out “or section 131”.
(G)Section 143(b)(1) of such title is amended to read as follows: " “(1) 1 per centum of the amount allocated to the State and its local educational agencies as determined for that year under this title; or”. " [20 USC 241h](/us/usc/t20/s241h).(H) The third and fourth sentences of section 144 of such title are each amended by striking out “section 103(a)(6)” and inserting in lieu thereof “section 122”. 88 Stat. 501
(I)Section 146 of such title is amended by striking out “section 141[20 USC 241j](/us/usc/t20/s241j). (c)” and inserting in lieu thereof “section 122”.*Ante*, p. 492.
(J)Section 147 of such title is amended by striking out “section 141[20 USC 241k](/us/usc/t20/s241k). (c)” and inserting in lieu thereof “section 122”.
(K)Section 403 of the Act of September 30, 1950 (Public Law 874,[20 USC 244](/us/usc/t20/s244). Eighty-first Congress), is amended by adding at the end thereof the following new paragraphs: " “(16) For purposes of title II, the ‘average per pupil expenditure’“Average per pupil expenditure.” in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made (or if satisfactory data for that year are not available at the time of computation, then during the most recent preceding fiscal year for which satisfactory data are available), of all local educational agencies as defined in section 403(6)(B) in the State, or in the United States (which for the purposes of this subsection means the fifty States, and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the source of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year. “(17) For the purposes of title II, ‘excess costs’“Excess costs.” means those costs directly attributable to programs and projects which exceed the average per pupil expenditure of a local educational agency in the most recent year for which satisfactory data are available for pupils in the grade or grades included in such programs or projects (but not including expenditures for any comparable State or local special programs for educationally deprived children or expenditures for bilingual programs or special education for handicapped children or children with specific learning disabilities, if such expenditures for bilingual education and special education are used to provide, to children of limited English-speaking ability and handicapped children, and children with specific learning disabilities who reside in title I project areas, services which are comparable to those provided to similarly disadvantaged children residing in nonproject areas).”. "
(10)There is authorized to be appropriated for each fiscal year aAppropriation.[20 USC 241b–1](/us/usc/t20/s241b–1). sum not to exceed $15,700,000 to be allocated at the discretion of the Commissioner to assist, those local education agencies whose total allocation under part A of title I of the Elementary and Secondary Education[20 USC 241c](/us/usc/t20/s241c). Act of 1965 is 90 per centum or less than such allocation under such part A during the preceding fiscal year.
(b)Except as otherwise specifically provided, the amendmentsEffective date.[20 USC 241b note](/us/usc/t20/s241b). made by subsection
(a)and the provisions of paragraph
(10)of such subsection shall be effective on and after July 1, 1974. school library resources, textbooks, and other instructional materials Sec. 102.
(a)Section 201(b) of the Elementary and Secondary[20 USC 821](/us/usc/t20/s821). Education Act of 1965 is amended by inserting before the period at the end thereof the following: “, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part B of title IV”. 88 Stat. 502 [20 USC 822](/us/usc/t20/s822).(b) The third sentence of section 202(a)(1) of the Act is amended by striking out “for the fiscal year ending June 30, 1968, and each of the succeeding fiscal years ending prior to July 1, 1973,”. Effective date.[20 USC 821 note](/us/usc/t20/s821).(c) The amendments made by this section shall be effective on and after July 1, 1973. supplementary educational centers and services; guidance, counseling, and testing Sec. 103. [20 USC 841](/us/usc/t20/s841).
(1)The first sentence of section 301(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: “, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV”.
(2)The second sentence of such Act is amended by inserting before the period at the end thereof the following: “, anti each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV”. [20 USC 842](/us/usc/t20/s842).(b) The third sentence of section 302(a)(1) of such Act is amended by striking out “for each fiscal year ending prior to July 1, 1973,”. [20 USC 844a](/us/usc/t20/s844a).(c) The first sentence of section 305(c) of the Act is amended by striking out “1973” and inserting in lieu thereof “1978”. [20 USC 845](/us/usc/t20/s845).(d) Section 307 of such Act is amended by adding at the end thereof the following new subsection: " Notice and hearing.“(g)
(1)The Commissioner shall not take any final action under subsection
(f)until he has afforded the State educational agency and the local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record. Judicial review.“(2) If a State or local educational agency is dissatisfied with the Commissioner’s final action after a hearing under paragraph
(1)of this paragraph, it may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28. United States Code. “(3) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. Jurisdiction.“(4) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.” " Effective date.[20 USC 841 note](/us/usc/t20/s841).(e) The amendments made by subsections (a), (b), and
(c)of this section shall be effective on and after July 1, 1973, and the amendment 88 Stat. 503made by subsection
(d)shall be effective on the date of enactment of this Act. strengthening state and local educational agencies Sec. 104.
(a)Section 501(b) of the Elementary and Secondary[20 USC 861](/us/usc/t20/s861). Education Act of 1965 is amended by inserting before the period at the end thereof the following: “and each of the five succeeding fiscal years, except that no funds are authorized to be, appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV”.
(b)Section 521(b) of such Act is amended by inserting before the[20 USC 866](/us/usc/t20/s866). period at the end thereof the following: “, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV”.
(c)Section 531
(b)of such Act is amended by inserting before the[20 USC 867](/us/usc/t20/s867). period at the end thereof the following: “, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV”.
(d)The amendments made by this section shall be effective onEffective date.[20 USC 861 note](/us/usc/t20/s861). and after July 1, 1973. bilingual educational programs Sec. 105.
(1)Title VII of the Elementary and Secondary[20 USC 880b](/us/usc/t20/s880b). Education Act of 1965 is amended to read as follows: " “TITLE VII— BILINGUAL EDUCATIONBilingual Education Act.[20 USC 880b note](/us/usc/t20/s880b). “short title “Sec. 701. This title may be cited as the ‘Bilingual Education Act’. “policy; appropriations “Sec. 702.
(a)Recognizing—[20 USC 880b](/us/usc/t20/s880b). “(1) that there are large numbers of children of limited English-speaking ability; “(2) that many of such children have a cultural heritage which differs from that of English-speaking persons; “(3) that a primary means by which a child learns is through the use of such child’s language and cultural heritage; “(4) that, therefore, large numbers of children of limited English-speaking ability have educational needs which can be met by the use of bilingual educational methods and techniques; and “(5) that, in addition, children of limited English-speaking ability benefit through the fullest utilization of multiple language and cultural resources. the Congress declares it to be the policy of the United States, in order to establish equal educational opportunity for all children
(A)to encourage the establishment and operation, where appropriate, of educational programs using bilingual educational practices, techniques, and methods, and
(B)for that purpose, to provide financial assistance to local educational agencies, and to State educational agencies for certain purposes, in order to enable such local educational agencies 88 Stat. 504to develop and carry out such programs in elementary and secondary schools, including activities at the preschool level, which are designed to meet the educational needs of such children; and to demonstrate effective ways of providing, for children of limited English-speaking ability, instruction designed to enable them, while using their native language, to achieve competence in the English language. Appropriation.“(b)
(1)Except as is otherwise provided in this title, for the purpose of carrying out the provisions of this title, there are authorized to be appropriated $135,000,000 for the fiscal year ending June 30, 1974; $135,000,000 for the fiscal year ending June 30, 1975; $140,000,000 for the fiscal year ending June 30, 1976; $150,000,000 for the fiscal year ending June 30, 1977; and $160,000,000 for the fiscal year ending June 30, 1978. “(2) There are further authorized to be appropriated to carry out *Post*, p. 506.the provisions of section 721(b)(3) $6,750,000 for the fiscal year ending June 30, 1974; $7,250,000 for the fiscal year ending June 30, 1975; $7,750,000 for the fiscal year ending June 30, 1976; $8,750,000 for the fiscal year ending June 30, 1977; and $9,750,000 for the fiscal year ending June 30, 1978. “(3) From the sums appropriated under paragraph
(1)for any fiscal year— “(A) the Commissioner shall reserve $16,000,000 of that part thereof which does not exceed $70,000,000 for training activities carried out under clause
(3)of subsection
(a)of section 721, and shall reserve for such activities 33% per centum of that part thereof which is in excess of $70,000,000: and “(B) the Commissioner shall reserve from the amount not reserved pursuant to clause
(A)of this paragraph such amounts as may be necessary, but not in excess of 1 per centum thereof, for *Post*, p. 510.the purposes of section 732. “definitions; regulations “Sec. 703. [20 USC 880b–1](/us/usc/t20/s880b–1).
(a)The following definitions shall apply to the terms used in this title: “(1) The term ‘limited English-speaking ability’, when used with reference to an individual, means— “(A) individuals who were not born in the United States or whose native language is a language other than English, and “(B) individuals who come from environments where a language other than English is dominant, as further defined by the Commissioner by regulations; and, by reason thereof, have difficulty speaking and understanding instruction in the English language. “(2) The term ‘native, language’, when used with reference to an individual of limited English-speaking ability, means the language normally used by such individuals, or in the case of a child, the language normally used by the parents of the child. “(3) The term ‘low-income’ when used with respect to a family means an annual income for such a family which does not exceed the low annual income determined pursuant to section 103 of title I of the *Ante*, p. 488.Elementary and Secondary Education Act of 1965. “(4)
(A)The term ‘program of bilingual education’ means a program of instruction, designed for children of limited English-speaking ability in elementary or secondary schools, in which, with respect to the years of study to which such program is applicable— “(i) there is instruction given in, and study of, English and, to the extent necessary to allow a child to progress effectively through 88 Stat. 505the educational system, the native language of the children of limited English-speaking ability, and such instruction is given with appreciation for the cultural heritage of such children, and, with respect to elementary school instruction, such instruction shall, to the extent necessary, be in all courses or subjects of study which will allow a child to progress effectively through the educational system; and “(ii) the requirements in subparagraphs
(B)through
(E)of this paragraph and established pursuant to subsection
(b)of this section are met. “(B) A program of bilingual education may make provision forEnglish-speaking children, enrollment. the voluntary enrollment to a limited degree therein, on a regular basis, of children whose language is English, in order that they may acquire an understanding of the, cultural heritage of the children of limited English-speaking ability for whom the particular program of bilingual education is designed. In determining eligibility to participate in such programs, priority shall be given to the children whose language is other than English. In no event shall the program be designed for the purpose of teaching a foreign language to English-speaking children. “(C) In such courses or subjects of study as art, music, and physical education, a program of bilingual education shall make provision for the participation of children of limited English-speaking ability in regular classes. “(D) Children enrolled in a program of bilingual education shall, if graded classes are used, be placed, to the extent practicable, in classes with children of approximately the same age and level of educational attainment. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of bilingual education shall seek to insure that each child is provided with instruction which is appropriate for his or her level of educational attainment. “(E) An application for a program of bilingual education shall beApplication. developed in consultation with parents of children of limited English-speaking ability, teachers, and, where applicable, secondary school students, in the areas to be served, and assurances shall be given in the application that, after the application has been approved under this title, the applicant will provide for participation by a committee composed of, and selected by, such parents, and, in the case of secondary schools, representatives of secondary school students to be served. “(5) The term ‘Office’ means the Office of Bilingual Education.Definitions. “(6) The term ‘Director’ means the Director of the Office of Bilingual Education. “(7) The term ‘Council’ means the National Advisory Council on Bilingual Education. “(b) The Commissioner, after receiving recommendations fromModels. State and local educational agencies and groups and organizations involved in bilingual education, shall establish, publish, and distribute, with respect to programs of bilingual education, suggested models with respect to pupil-teacher ratios, teacher qualifications, and other factors affecting the quality of instruction offered in such programs. “(c) In prescribing regulations under this section, the CommissionerConsultation. shall consult with State and local educational agencies, appropriate organizations representing parents and children of limited English-speaking ability, and appropriate groups and organizations representing teachers and educators involved in bilingual education. 88 Stat. 506 “Part A— Financial Assistance for Bilingual Education Programs “bilingual education programs “Sec. 721. Grants.[20 USC 880b–7](/us/usc/t20/s880b–7).
(a)Funds available for grants under this part shall be used for— “(1) the establishment, operation, and improvement of programs of bilingual education; “(2) auxiliary and supplementary community and educational activities designed to facilitate and expand the implementation of programs described in clause (1), including such activities as
(A)adult education programs related to the purposes of this title, particularly for parents of children participating in programs of bilingual education, and carried out, where appropriate, in coordination with programs assisted under the Adult Education *Post,* p. 576.[20 USC 1201 note](/us/usc/t20/s1201).Act, and
(B)preschool programs preparatory and supplementary to bilingual education programs; “(3)
(A)the establishment, operation, and improvement of training programs for personnel preparing to participate in, or personnel participating in, the conduct of programs of bilingual education and
(B)auxiliary and supplementary training programs, which shall be included in each program of bilingual education, for personnel preparing to participate in, or personnel participating in, the conduct of such programs; and “(4) planning, and providing technical assistance for, and taking other steps leading to the development of, such programs. Application.“(b)
(1)A grant may be made under this section only upon application therefor by one or more local educational agencies or by an institution of higher education, including a junior or community college, applying jointly with one or more local educational agencies (or, in the case of a training activity described in clause (3)(A) of subsection *Post,* p. 508.(a) of this section, by eligible applicants as defined in section 723). Each such application shall be made to the Commissioner at such time, in such manner, and containing such information as the Commissioner deems necessary, and “(A) include a description of the activities set forth in one or more of the clauses of subsection
(a)which the applicant desires to carry out; and “(B) provide evidence that the activities so described will make substantial progress toward making programs of bilingual education available to the children having need thereof in the area served by the applicant. Approval.“(2) An application for a grant under this part may be approved only if— “(A) the provision of assistance proposed in the application is consistent with criteria established by the Commissioner, after consultation with the State educational agency, for the purpose of achieving all equitable distribution of assistance under this part within the State in which the applicant is located, which criteria shall be developed by his taking into consideration
(i)the geographic distribution of children of limited English-speaking ability,
(ii)the relative need of persons in different geographic areas within the State for the kinds of services and activities described in subsection (a),
(iii)with respect to grants 88 Stat. 507to carry out programs described in clauses
(1)and
(2)of subsection
(a)of section 721, the relative ability of particular local educational agencies within the State to provide such services and activities, and
(iv)with respect to such grants, the relative numbers of persons from low-income families sought to be benefitted by such programs; “(B) in the case of applications from local educational agencies to carry out programs of bilingual education under clause
(1)of subsection
(a)of section 721, the {Commissioner determines that not less than 15 per centum of the amounts paid to the applicant for the purposes of such programs shall be expended for auxiliary and supplementary training programs in accordance with the provisions of clause (3)(B) of such subsection and section 723;*Post*, p. 508. “(C) the Commissioner determines
(i)that the program will use the most qualified available personnel and the best resources and will substantially increase the educational opportunities for children of limited English-speaking ability in the area to be served by the applicant, and
(ii)that, to the extent consistent with the number of children enrolled in nonprofit, nonpublic schools in the area to be served whose educational needs are of the type which the program is intended to meet, provision has been made for participation of such children; and “(D) the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Commissioner. “(3)
(A)Upon an application from a State educational agency, the Commissioner shall make provision for the submission and approval of a State program for the coordination by such State agency of technical assistance to programs of bilingual education in such State assisted under this title. Such State program shall contain such provisions, agreements, and assurances as the Commissioner shall, by regulation, determine necessary and proper to achieve the purposes of this title, including assurances that funds made available under this section for any fiscal year will be so used as to supplement, and to the extent practical, increase the level of funds that would, in the absence of such funds be made available by the State for the purposes described in this section, and in no case to supplant such funds. “(B) Except as is provided in the second sentence, of this subparagraph, the Commissioner shall pay from the amounts authorized for these, purposes pursuant to section 702 for each fiscal year to each State*Ante*, p. 503. educational agency which has a State program submitted and approved under subparagraph
(A)such sums as may be necessary for the pipper and efficient conduct of such State program. The amount paid by the Commissioner to any State educational agency under the preceding sentence for any fiscal year shall not exceed 5 per centum of the aggregate of the amounts paid under this part to local educational agencies in the State of such State educational agency in the fiscal year preceding the fiscal year in which this limitation applies. “(c) In determining the distribution of funds under this title, the Commissioner shall give priority to areas having the greatest need for programs assisted under this title. “indian children in schools “Sec. 722.
(a)For the purpose of carrying out programs under this[20 USC 880b–8](/us/usc/t20/s880b–8). part for individuals served by elementary and secondary schools operated predominantly for Indian children, a nonprofit institution or organization of the Indian tribe concerned which operates any 88 Stat. 508such school and which is approved by the Commissioner for the purposes of this section may be considered to be a local educational agency as such term is used in this title. Payments.*Ante*, p. 503.“(b) From the sums appropriated pursuant to section 702(b), the Commissioner is authorized to make payments to the Secretary of the Interior to carry out programs of bilingual education for children on reservations served by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. The terms upon which payments for such purpose may be made to the Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the policy of section 702(a). Annual report to Congress and President.“(c) The Secretary of the Interior shall prepare and, not later than November 1 of each year, shall submit to the Congress and the President an annual report detailing a review and evaluation of the use, during the preceding fiscal year, of all funds paid to him by the Commissioner under subsection
(b)of this section, including complete fiscal reports, a description of the personnel and information paid for in whole or in part with such funds, the allocation of such funds, and the status of all programs funded from such payments. Nothing in this subsection shall be construed to relieve the Director of any authority or obligation under this part. Assessment of needs of Indian children, submittal to Congress and President.“(d) The Secretary of the Interior shall, together with the information required in the preceding subsection, submit to the Congress and the President, an assessment of the needs of Indian children with respect to the purposes of this title in schools operated or funded by the Department of the Interior, including those State educational agencies and local educational agencies receiving assistance under the Johnson-O’Malley Act (25 U.S.C. 452 et seq.) and an assessment of the extent to which such needs are being met by funds provided to such schools for educational purposes through the Secretary of the Interior. “training “Sec. 723. [20 USC 880b–9](/us/usc/t20/s880b–9).*Ante*, p. 506.
(1)In carrying out the provisions of clauses
(1)and
(3)of subsection
(a)of section 721, with respect to training, the Commissioner shall, through grants to, and contracts with, eligible applicants, as defined in subsection (b), provide for— “(A)
(i)training, carried out in coordination with any other programs training auxiliary educational personnel, designed
(I)to prepare personnel to participate in, or for personnel participating in, the conduct of programs of bilingual education, including programs emphasizing opportunities for career development, advancement, and lateral mobility,
(II)to train teachers, administrators, paraprofessionals, teacher aides, and parents, and
(III)to train persons to teach and counsel such persons, and
(ii)special training programs designed
(I)to meet individual needs, and
(II)to encourage reform, innovation, and improvement in applicable education curricula in graduate education, in the structure of the academic profession, and in recruitment and retention of higher education and graduate school facilities, as related to bilingual education; and “(B) the operation of short-term training institutes designed to improve the skills of participants in programs of bilingual education in order to facilitate their effectiveness in carrying out responsibilities in connection with such programs. Fellowships.“(2) In addition the Commissioner is authorized to award fellowships for study in the field of training teachers for bilingual edu-88 Stat. 509cation. For the fiscal year ending June 30, 1975, not less than 100 fellowships leading to a graduate degree shall be awarded under the preceding sentence for preparing individuals to train teachers for programs of bilingual education. Such fellowships shall be awarded in proportion to the need for teachers of various groups of individuals with limited English-speaking ability. For each fiscal year after JuneReport to congressional committees. 30, 1975, and prior to July 1, 1978, the Commissioner shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate on the number of fellowships in the field of training teachers for bilingual education which he recommends will be necessary for that fiscal year. “(3) The Commissioner shall include in the terms of any arrangementStipends. described in paragraphs
(1)and
(2)of subsection
(a)of this section provisions for the payment, to persons participating in training programs so described, of such stipends (including allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. “(4) In making grants or contracts under this section, the Commissioner shall give priority to eligible applicants with demonstrated competence and experience in the field of bilingual education. Funds provided under grants or contracts for training activities described in this section to or with a State educational agency, separately or jointly, shall in no event exceed in the aggregate in any fiscal year 15 per centum of the total amount of funds obligated for training activities pursuant to clauses
(1)and
(3)of subsection
(a)of section 721 in such year.*Ante*, p. 506. “(5) An application for a grant or contract for preservice or inservice training activities described in clause (A)(i)(I) and clause (A)(ii)(I) and in subsection (a)(1)(B) of this section shall be considered an application for a program of bilingual education for the purposes of subsection (a)(4)(E) of section 703.*Ante*, p. 504. “(b) For the purposes of this section, the term ‘eligible applicants’“Eligible applicants.” means— “(1) institutions of higher education (including junior colleges and community colleges) which apply, after consultation with, or jointly with, one or more local educational agencies; “(2) local educational agencies; and “(3) State educational agencies. “Part B— Administration “office of bilingual, education “Sec. 731.
(a)There shall be, in the Office of Education, an Office ofEstablishment.[20 USC 880b–10](/us/usc/t20/s880b–10). Bilingual Education (hereafter in this section referred to as the ‘Office’) through which the Commissioner shall carry out his functions relating to bilingual education. “(b)
(1)The Office shall be headed by a Director of Bilingual Education, appointed by the Commissioner, to whom the Commissioner shall delegate all of his delegable functions relating to bilingual education. “(2) The Office shall be organized as the Director determines to be appropriate in order to enable him to carry out his functions and responsibilities effectively. “(c) The Commissioner, in consultation with the Council, shall prepareReport to Congress and President. and, not later than November 1 of 1975, and of 1977, shall submit to the Congress and the President a report on the condition of bilingual education in the Nation and the administration and operation of this 88 Stat. 510title and of other programs for persons of limited English-speaking Contents.ability. Such report shall include— “(1) a national assessment of the educational needs of children and other persons with limited English-speaking ability and of the extent to which such needs are being met from Federal, State, and local efforts, including
(A)not later than July 1, 1977, the results of a survey of the number of such children and persons in the States, and
(B)a plan, including cost estimates, to be carried out during the five-year period beginning on such date, for extending programs of bilingual education and bilingual vocational and adult education programs to all such preschool and elementary school children and other persons of limited English-speaking ability, including a phased plan for the training of the necessary teachers and other educational personnel necessary for such purpose; “(2) a report on and an evaluation of the activities carried out under this title during the preceding fiscal year and the extent to which each of such activities achieves the policy set forth in section 702 (a); “(3) a statement of the activities intended to be carried out during the succeeding period, including an estimate of the cost of such activities; “(4) an assessment of the number of teachers and other educational personnel needed to carry out programs of bilingual education under this title and those carried out under other programs for persons of limited English-speaking ability and a statement describing the activities carried out thereunder designed to prepare teachers and other educational personnel for such programs, and the number of other educational personnel needed to carry out programs of bilingual education in the States and a statement describing the activities carried out under this title designed to prepare teachers and other educational personnel for such programs; and “(5) a description of the personnel, the functions of such personnel, and information available at the regional offices of the Department of Health, Education, and Welfare dealing with bilingual programs within that region. “national advisory council on bilingual education “Sec. 732. Establishment.[20 USC 880b–11](/us/usc/t20/s880b–11).*Post*, p. 575.Membership.
(a)Subject to part D of the General Education Provisions Act, there shall be a National Advisory Council on Bilingual Education composed of fifteen members appointed by the Secretary, one of whom he shall designate as Chairman. At least eight of the members of the Council shall be persons experienced in dealing with the educational problems of children and other persons who are of limited English-speaking ability, at least one of whom shall be representative of persons serving on boards of education operating programs of bilingual education. At least three members shall be experienced in the training of teachers in programs of bilingual education. At least two members shall be persons with general experience in the field of elementary and secondary education. At least two members shall be classroom teachers of demonstrated teaching abilities using bilingual methods and techniques. The members of the Council shall be appointed in such a way as to be generally representative of the significant segments of the population of persons of limited English-speaking ability and the geographic areas in which they reside. 88 Stat. 511 “(b) The Council shall meet at the call of the Chairman, but, notwithstanding the provisions of section 44(a) of the General Education Provisions Act, not less often than four times in each year.[20 USC 1233e](/us/usc/t20/s1233e). “(c) The Council shall advise the Commissioner in the preparationDuties. of general regulations and with respect to policy matters arising in the administration and operation of this title, including the development of criteria for approval of applications, and plans under this title, and the administration and operation of other programs for persons of limited English-speaking ability. The Council shall prepare and, not later than November 1 of each year, submit a report to the Congress and the President on the condition of bilingual education inReport to Congress and President.*Ante*, p. 509. the Nation and on the administration and operation of this title, including those items specified in section 731(c), and the administration and operation of other programs for persons of limited English-speaking ability. “(d) The Commissioner shall procure temporary and intermittentPersonnel procurement. services of such personnel as are necessary for the conduct of the functions of the Council, in accordance with section 445, of the General Education Provisions Act, and shall make available to the Council[20 USC 1233d](/us/usc/t20/s1233d). such staff, information, and other assistance as it may require to carry out its activities effectively. “Part C— Supportive Services and Activities “administration “Sec. 741.
(a)The provisions of this part shall be administered by[20 USC 880b–12](/us/usc/t20/s880b–12). the Assistant Secretary, in consultation with— “(1) the Commissioner, through the Office of Bilingual Education; and “(2) the Director of the National Institute of Education, notwithstanding the second sentence of section 405(b)(1) of the General Education Provisions Act;[20 USC 1225](/us/usc/t20/s1225). in accordance with regulations. “(b) The Assistant Secretary shall, in accordance with clauses (1)Regulations. and
(2)of subsection (a), develop and promulgate regulations for this part and then delegate his functions under this part, as may be appropriate under the terms of section 742.*Infra*. “research and demonstration projects “Sec. 742.
(a)The National Institute of Education shall, in accordanceBilingual education research.[20 USC 880b–13](/us/usc/t20/s880b–13).[20 USC 1221e](/us/usc/t20/s1221e). with the provisions of section 405 of the General Education Provisions Act, carry out a program of research in the field of bilingual education in order to enhance the effectiveness of bilingual education programs carried out under this title and other programs for persons of limited English-speaking ability. “(b) In order to test the effectiveness of research findings by theCompetitive contracts. National Institute of Education and to demonstrate new or innovative practices, techniques, and methods for use in such bilingual education programs, the Director and the Commissioner are authorized to make competitive contracts with public and private educational agencies, institutions, and organizations for such purpose. “(c) In carrying out their responsibilities under this section, the Commissioner and the Director shall, through competitive contracts with appropriate public and private agencies, institutions, and organizations— “(1) undertake studies to determine the basic educational needs and language acquisition characteristics of, and the most effective 88 Stat. 512conditions for, educating children of limited English-speaking ability; “(2) develop and disseminate instructional materials and equipment suitable for use in bilingual education programs; and “(3) establish and operate a national clearinghouse of information for bilingual education, which shall collect, analyze, and disseminate information about bilingual education and such bilingual education and related programs. “(d) In carrying out their responsibilities under this section, the Commissioner and the Director snail provide for periodic consultation with representatives of State and local educational agencies and appropriate groups and organizations involved in bilingual education. Appropriations.“(e) There is authorized to be appropriated for each fiscal year prior to July 1, 1978. $5,000,000 to carry out the provisions of this section.”. " Effective date.[20 USC 880b note](/us/usc/t20/s880b).(2)
(A)The amendment made by this subsection shall be effective upon the date of enactment of this Act, except that the provisions of part A of title VII of the Elementary and Secondary Education Act *Ante*, p. 504.of 1965 (as amended by subsection
(a)of this section) shall become effective on July 1, 1975, and the provisions of title VII of the Elementary [20 USC 880b](/us/usc/t20/s880b).and Secondary Education Act of 1965 in effect immediately prior to the date of enactment of this Act shall remain in effect through June 30, 1975, to the extent not inconsistent with the amendment made by this section. [20 USC 880b–11 note](/us/usc/t20/s880b–11).*Ante*, p. 510.“Other programs for persons of limited English-speaking ability.”*Ante*, p. 504.(B) The National Advisory Council on Bilingual Education, for which provision is made in section 732 of such Act, shall be appointed within ninety days after the enactment of this Act.
(b)Section 703(a) of title VII of such Act is amended by adding at the end thereof the following: " “(8) The term ‘other programs for persons of limited English-speaking ability’ when used in sections 731 and 732 means the program [20 USC 1607](/us/usc/t20/s1607).authorized by section 708(c) of the Emergency School Aid Act and the programs carried out in coordination with the provisions of this title *Post*, p. 578.*Post*, p. 607.pursuant to section 122(a)(4)(C) and part J of the Vocational Education Act of 1963, and section 306(a)(11) of the Adult Education Act, and programs and projects serving areas with high concentrations of persons of limited English-speaking ability pursuant to section 6 *Post*, p. 609.(b)(4) of the Library’ Services and Construction Act.”. " statute of limitations Sec. 106. Title VIII of the Elementary and Secondary Education [20 USC 881](/us/usc/t20/s881).Act of 1965 is amended by inserting after section 803 the following new section: " “statute of limitations on refund of payments “Sec. 804. [20 USC 884](/us/usc/t20/s884). No State or local educational agency shall be liable to refund any payment made to such agency under this Act (including *Ante*, p. 488.title I of this Act) which was subsequently determined to be unauthorized by law, if such payment was made more than five years before, such agency received final written notice that such payment was unauthorized.”. " dropout prevention projects Sec. 107. [20 USC 887](/us/usc/t20/s887).
(a)Section 807(c) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: “, and each of the five succeeding fiscal 88 Stat. 513years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV”.
(b)The amendments made by this section shall be effective on andEffective date.[20 USC 887 note](/us/usc/t20/s887). after July 1, 1973. school nutrition and health services Sec. 108.
(a)Section 808(d) of the Elementary and Secondary[20 USC 887a](/us/usc/t20/s887a). Education Act of 1965 is amended by inserting before the period at the end thereof the following: “, and each or the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV”.
(b)The amendments made by this section shall be effective on andEffective date.[20 USC 887a note](/us/usc/t20/s887a). after July 1, 1973. correction education services Sec. 109.
(a)Section 809 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following[20 USC 887b](/us/usc/t20/s887b). new subsection: " “(c) For the purpose of carrying out this section, there is authorized to be appropriated $500,000 for the fiscal year ending June 30, 1974, and for the succeeding fiscal year.” "
(c)The amendments made by this section shall be effective on andEffective date.[20 USC 887b note](/us/usc/t20/s887b). after July 1, 1974. open meetings of educational, agencies Sec. 110. Title VIII of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new section: " “open meetings of educational agencies “Sec. 812. No application for assistance under this Act may be considered[20 USC 887e](/us/usc/t20/s887e). unless the local educational agency making such application certifies to the Commissioner that members of the public nave been afforded the opportunity upon reasonable notice to testify or otherwise comment regarding the subject matter of the application. The Commissioner is authorized and directed to establish such regulations as necessary to implement this section.” " ethnic heritage studies centers Sec. 111.
(1)Section 907 of the Elementary and Secondary Education Act of 1965 is amended by striking out “the fiscal year ending[20 USC 900a–5](/us/usc/t20/s900a–5). June 30, 1973” and inserting in lieu thereof “each of the fiscal years ending prior to July 1, 1978”.
(2)The amendments made by this subsection shall be effective onEffective date.[20 USC 900a–5 note](/us/usc/t20/s900a–5). and after July 1, 1973.
(b)Section 903 of such Act is amended by—[20 USC 900a–1](/us/usc/t20/s900a–1).
(1)striking out “elementary and secondary schools and institutions of higher education” in clause
(1)of such section, and inserting in lieu thereof “elementary or secondary schools or institutions of higher education”;
(2)striking out “elementary and secondary schools and institutions of higher education” in clause
(2)of such section and inserting in lieu thereof “elementary or secondary schools or institutions of higher education”; 88 Stat. 514 [20 USC 900a–1](/us/usc/t20/s900a–1).(3) inserting the word “or” after clause
(1)of such section; and
(4)inserting the word “or” at the end of clause
(2)of such section. TITLE II—Equal Educational Opportunities Act of 1974. EQUAL EDUCATIONAL OPPORTUNITIES AND THE TRANSPORTATION OF STUDENTS short title Sec. 201. [20 USC 1701 note](/us/usc/t20/s1701). This title may be cited as the “Equal Educational Opportunities Act of 1974”. Part A— Equal Educational Opportunities Subpart 1— Policy and Purpose declaration of policy Sec. 202. [20 USC 1701](/us/usc/t20/s1701).
(a)The Congress declares it to be the policy of the United States that—
(1)all children enrolled in public schools are entitled to equal educational opportunity without regard to race, color, sex, or national origin; and
(2)the neighborhood is the appropriate basis for determining public school assignments.
(b)In order to carry out this policy, it is the purpose of this part to specify appropriate remedies for the orderly removal of the vestiges of the dual school system. findings Sec. 203. [20 USC 1702](/us/usc/t20/s1702).
(a)The Congress finds that—
(1)the maintenance of dual school systems in which students are assigned to schools solely on the basis of race, color, sex, or national origin denies to those students the equal protection of the laws guaranteed by the fourteenth amendment;
(2)for the purpose of abolishing dual school systems and eliminating the vestiges thereof, many local educational agencies have been required to reorganize their school systems, to reassign students, and to engage in the extensive transportation of students:
(3)the implementation of desegregation plans that require extensive student transportation has, in many cases, required local educational agencies to expend large amount of funds, thereby depleting their financial resources available for the maintenance or improvement of the quality of educational facilities and instruction provided;
(4)transportation of students which creates serious risks to their health and safety, disrupts the educational process carried out with respect to such students, and impinges significantly on their educational opportunity, is excessive;
(5)the risks and harms created by excessive transportation are particularly great for children enrolled in the first six grades; and
(6)the guidelines provided by the courts for fashioning remedies to dismantle dual school systems have been, as the Supreme Court of the United States has said, “incomplete and imperfect,” and have not established, a clear, rational, and uniform standard for determining the extent to which a local educational agency is required to reassign and transport its students in order to eliminate the vestiges of a dual school system. 88 Stat. 515
(b)For the foregoing reasons, it is necessary and proper that the Congress, pursuant to the powers granted to it by the Constitution of the United States, specify appropriate remedies for the eliminationUSC prec. title 1. of the vestiges of dual school systems, except that the provisions of this title are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States. Subpart 2— Unlawful Practices denial of equal educational opportunity prohibited Sec. 204. No State shall deny equal educational opportunity to an[20 USC 1703](/us/usc/t20/s1703). individual on account of his or her race, color, sex, or national origin, by—
(a)the deliberate segregation by an educational agency of students on the basis of race, color, or national origin among or within schools;
(b)the failure of an educational agency which has formerly practiced such deliberate segregation to take affirmative steps, consistent with subpart 4 of this title, to remove the vestiges of a dual school system;
(c)the assignment by an educational agency of a student to a school, other than the one closest to his or her place of residence within the school district in which he or she resides, if the assignment results in a greater degree of segregation of students on the basis of race, color, sex, or national origin among the schools of such agency than would result if such student were assigned to the school closest to his or her place of residence within the school district of such agency providing the appropriate grade level and type of education for such student;
(d)discrimination by an educational agency on the basis of race, color, or national origin in the employment, employment conditions, or assignment to schools of its faculty or staff, except to fulfill the purposes of subsection
(f)below;
(e)the transfer by an educational agency, ‘whether voluntary or otherwise, of a student from one school to another if the purpose and effect of such transfer is to increase segregation of students on the basis of race, color, or national origin among the schools of such agency; or
(f)the failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs. balance not required Sec. 205. The failure of an educational agency to attain a balance,[20 USC 1704](/us/usc/t20/s1704). on the basis of race, color, sex, or national origin, of students among its schools shall not constitute a denial of equal educational opportunity, or equal protection of the laws. assignment on neighborhood basis not a dental of equal educational opportunity Sec. 206. Subject to the other provisions of this part, the assignment[20 USC 1705](/us/usc/t20/s1705). by an educational agency of a student to the school nearest his place of residence which provides the appropriate grade level and type of education for such student is not a denial of equal educational opportunity or of equal protection of the laws unless such assignment is for 88 Stat. 516the purpose of segregating students on the basis of race, color, sex, or national origin, or the school to which such student is assigned was located on its site for the purpose of segregating students on such basis. Subpart 3— Enforcement civil actions Sec. 207. [20 USC 1706](/us/usc/t20/s1706). An individual denied an equal educational opportunity, as defined by this part may institute a civil action in an appropriate district court of the United States against such parties, and for such relief, as may be appropriate. The Attorney General of the United States (hereinafter in this title referred to as the “Attorney General”), for or in the name of the United States, may also institute such a civil action on behalf of such an individual. effect of certain population changes on certain actions Sec. 208. [20 USC 1707](/us/usc/t20/s1707). When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, such school population changes so occurring shall not, per se, constitute a cause for civil action for a new plan of desegregation or for modification of the court approved plan. jurisdiction of district courts Sec. 209. [20 USC 1708](/us/usc/t20/s1708). The appropriate district court of the United States shall have and exercise jurisdiction of proceedings instituted under section 207. intervention by attorney general Sec. 210. [20 USC 1709](/us/usc/t20/s1709). Whenever a civil action is instituted under section 207 by an individual, the Attorney General may intervene in such action upon timely application. suits by the attorney general Sec. 211. [20 USC 1710](/us/usc/t20/s1710). The Attorney General shall not institute a civil action under section 207 before he—
(a)gives to the appropriate educational agency notice of the condition or conditions which, in his judgment, constitute a violation of subpart 2 of this part; and
(b)certifies to the appropriate district court of the United States that he is satisfied that such educational agency has not, within a reasonable time after such notice, undertaken appropriate remedial action. Subpart 4— Remedies formulating remedies; applicability Sec. 213. [20 USC 1712](/us/usc/t20/s1712). In formulating a remedy for a denial of equal educational opportunity or a denial of the equal protection of the laws, a court, department, or agency of the. United States shall seek or impose only such remedies as are essential to correct particular denials of equal educational opportunity or equal protection of the laws. 88 Stat. 517 priority of remedies Sec. 214. In formulating a remedy for a denial of equal educational[20 USC 1713](/us/usc/t20/s1713). opportunity or a denial of the equal protection of the laws, which may involve directly or indirectly the transportation of students, a court, department, or agency of the United States shall consider and make specific findings on the efficacy in correcting such denial of the following remedies and shall require implementation of the first of the remedies set out below, or of the first combination thereof which would remedy such denial:
(a)assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account school capacities and natural physical barriers;
(b)assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account only school capacities;
(c)permitting students to transfer from a school in which a majority of the students are of their race, color, or national origin to a school in which a minority of the students are of their race, color, or national origin;
(d)the creation or revision of attendance zones or grade structures without requiring transportation beyond that described in section 215;
(e)the construction of new schools or the closing of inferior schools;
(f)the construction or establishment of magnet schools; or
(g)the development and implementation of any other plan which is educationally sound and administratively feasible, subject to the provisions of sections 215 and 216 of this part. transportation of students Sec. 215.
(a)No court, department, or agency of the United States[20 USC 1714](/us/usc/t20/s1714). shall, pursuant to section 214, order the implementation of a plan that would require the transportation of any student to a school other than the school closest or next closest to his place of residence which provides the appropriate grade level and type of education for such student.
(b)No court, department, or agency of the United States shall require directly or indirectly the transportation of any student if such transportation poses a risk to the health of such student or constitutes a significant impingement on the educational process with respect to such student..
(c)When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, no educational agency because of such shifts shall be required by any court, department, or agency of the United States to formulate, or implement any new desegregation plan, or modify or implement any modification of the court approved desegregation plan, which would require transportation of students to compensate wholly or in part for such shifts in school population so occurring. 88 Stat. 518 district lines Sec. 216. [20 USC 1715](/us/usc/t20/s1715). In the formulation of remedies under section 213 or 214 of this part the lines drawn by a State, subdividing its territory into separate school districts, shall not be ignored or altered except where it is established that the lines were drawn for the purpose, and had the effect, of segregating children among public schools on the basis of race, color, sex, or national origin. voluntary adoption of remedies Sec. 217. [20 USC 1716](/us/usc/t20/s1716). Nothing in this part prohibits an educational agency from proposing, adopting, requiring, or implementing any plan of desegregation, otherwise lawful, that is at variance with the standards set out in this part nor shall any court, department, or agency of the United States be prohibited from approving implementation of a plan which goes beyond what can be required under this part, if such plan is voluntarily proposed by the appropriate educational agency. reopening proceedings Sec. 218. [20 USC 1717](/us/usc/t20/s1717). A parent or guardian of a child, or parents or guardians of children similarly situated, transported to a public school in accordance with a court order, or an educational agency subject to a court order or a desegregation plan under title VI of the Civil Rights [42 USC 2000d](/us/usc/t42/s2000d).Act of 1964 in effect on the date of the enactment of this part and intended to end segregation of students on the basis of race, color, or national origin, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process. limitation on orders Sec. 219. [20 USC 1718](/us/usc/t20/s1718). Any court order requiring, directly or indirectly, the transportation of students for the purpose of remedying a denial of the equal protection of the laws may, to the extent of such transportation, be terminated if the court finds the defendant educational agency has satisfied the requirements of the fifth or fourteenth amendments to the Constitution, whichever is applicable, and will continue to be in compliance with the requirements thereof. The court of initial jurisdiction shall state in its order the basis for any decision to terminate an order pursuant to this section, and the termination of any order pursuant to this section shall be stayed pending a final appeal or, in the event no appeal is taken, until the time for any such appeal has expired. No additional order requiring such educational agency to transport students for such purpose shall be entered unless such agency is found not to have satisfied the requirements of the fifth or fourteenth amendments to the Constitution, whichever is applicable. Subpart 5— Definitions Sec. 221. [20 USC 1720](/us/usc/t20/s1720). For the purposes of this part—
(a)The term “educational agency” means a local educational agency or a “State educational agency” as defined by section 801
(k)[20 USC 881](/us/usc/t20/s881).of the Elementary and Secondary Education Act of 1965.
(b)The term “local educational agency” means a local educational agency as defined by section 801
(f)of the Elementary and Secondary Education Act of 1965. 88 Stat. 519
(c)The term “segregation” means the operation of a school system in which students are wholly or substantially separated among the schools of an educational agency on the basis of race, color, sex, or national origin or within a school on the basis of race, color, or national origin.
(d)The term “desegregation” means desegregation as defined by section 401(b) of the Civil Rights Acts of 1964.[42 USC 2000c](/us/usc/t42/s2000c).
(e)An educational agency shall be deemed to transport a student if any part of the cost of such student’s transportation is paid by such agency. Subpart 6— Miscellaneous Provisions repealer Sec. 222. Section 709(a)(3) of the Emergency School Aid Act isRepeal.[20 USC 1608](/us/usc/t20/s1608). hereby repealed. separability of provisions Sec. 223. If any provision of this part or of any amendment made[20 USC 1721](/us/usc/t20/s1721). by this part, or the application of any such provision to any person or circumstance, is held invalid, the remainder of the provisions of this part and of the amendments made by this part and the application of such provision to other persons or circumstances shall not be affected thereby. Part B— Other Provisions Relating to the Assignment and Transportation of Students prohibition against assignment or transportation of students to overcome racial imbalance Sec. 251. No provision of this Act shall be construed to require the[20 USC 1751](/us/usc/t20/s1751). assignment or transportation of students or teachers in order to overcome racial imbalance. prohibition against use of appropriated funds for busing Sec. 252. Part B of the General Education Provisions Act, as amended by title V of this Act, is amended by adding at the end*Post*, p. 556. thereof the following new section: " “prohibition against use of appropriated funds for busing “Sec. 420. No funds appropriated for the purpose of carrying out[20 USC 1228](/us/usc/t20/s1228). any applicable program may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system, except for funds appropriated pursuant to title I of the Act of September 30, 1950 (P.L. 874, 81st Congress), but not including any portion of such funds[20 USC 236](/us/usc/t20/s236). as are attributable to children counted under subparagraph
(C)of section 3(d)(2) or section 403(1)(C) of that Act.”*Post*, p. 523.[20 USC 244](/us/usc/t20/s244). " provision relating to court appeals Sec. 253. Notwithstanding any other law or provision of law, in the[20 USC 1752](/us/usc/t20/s1752). case of any order on the part of any United States district court, which requires the transfer or transportation of any student or students from 88 Stat. 520any school attendance area prescribed by competent State or local authority for the purposes of achieving a balance among students with respect to race, sex, religion, or socioeconomic status, tire effectiveness of such order shall be postponed until all appeals in connection with such order have been exhausted or, in the event no appeals are taken, until the time for such appeals has expired. This section shall expire at midnight on June 30, 1978. provision requiring that rules of evidence be uniform Sec. 254. [20 USC 1753](/us/usc/t20/s1753). The rules of evidence required to prove that State or local authorities are practicing racial discrimination in assigning students to public schools shall be uniform throughout the United States. application of proviso of section 407(a) of the civil rights act of 1004 to the entire united states Sec. 255. [20 USC 1754](/us/usc/t20/s1754).[42 USC 2000c–6](/us/usc/t42/s2000c–6). The proviso of section 407(a) of the Civil Rights Act of 1964 providing in substance that no court or official of the United States shall be empowered to issue any older seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards shall apply to all public school pupils and to every public school system, public school and public school board, as defined by title IV, under all circumstances and conditions and at all times in every State, district, territory, Commonwealth, or possession of the United States, regardless of whether the residence of such public school pupils or the principal offices of such public school system, public school or public school board is situated in the northern, eastern, western, or southern part of the United States. additional priority of remedies Sec. 256. [20 USC 1755](/us/usc/t20/s1755). Notwithstanding any other provision of law, after June 30, 1974 no court of the United States shall order the implementation of any plan to remedy a finding of de jure, segregation which involves the transportation of students, unless the court first finds that all alternative remedies are inadequate. remedies with respect to school district lines Sec. 257. [20 USC 1756](/us/usc/t20/s1756). In the formulation of remedies under this title the lines drawn by a State subdividing its territory into separate school districts, shall not be ignored or altered except where it is established that the lines were drawn, or maintained or crossed for the purpose, and had the effect of segregating children among public schools on the basis of race, color, sex, or national origin, or where it is established that, as a result of discriminatory actions within the school districts, the lines have had the effect of segregating children among public schools on the basis of race, color, sex, or national origin. prohibition of forced busing during school year Sec. 258. [20 USC 1757](/us/usc/t20/s1757).
(a)The Congress finds that—
(1)the forced transportation of elementary and secondary school students in implementation of the constitutional requirement for the desegregation of such schools is controversial and difficult under the best planning and administration; and 88 Stat. 521
(2)the forced transportation of elementary and secondary school students after the commencement of an academic school year is educationally unsound and administratively inefficient,
(b)Notwithstanding any other provisions of law, no order of a court, department, or agency of the United States, requiring the transportation of any student incident to the transfer of that student from one elementary or secondary school to another such school in a local educational agency pursuant to a plan requiring such transportation for the racial desegregation of any school in that agency, shall be effective until the beginning of an academic school year.
(c)For the purpose of this section, the term “academic school year”“Academic school year.” means, pursuant to regulations promulgated by the Commissioner, the customary beginning of classes for the school year at an elementary or secondary school of a local educational agency for a school year that occurs not more often than once in any twelve-month period.
(d)The provisions of this section apply to any order which was not implemented at the beginning of the 1974–1975 academic year. reasonable time for developing voluntary plan for desegregating schools Sec. 259. Notwithstanding any other law or provision of law, no[20 USC 1758](/us/usc/t20/s1758). court or officer of the United States shall enter, as a remedy for a denial of equal educational opportunity or a denial of equal protection of the laws, any order for enforcement of a plan of desegregation or modification of a court-approved plan, until such time as the local educational agency to be affected by such order has been provided notice of the details of the violation and given a reasonable opportunity to develop a voluntary remedial plan. Such time shall permit the local educational agency sufficient opportunity for community participation in the development of a remedial plan. TITLE III— FEDERAL IMPACT AID PROGRAMS duration of payments under public law 815, eighty-first congress Sec. 301.
(1)The first sentence of section 3 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended[20 USC 633](/us/usc/t20/s633). by striking out “June 30, 1973” and inserting in lieu thereof “June 30, 1978”.
(2)Section 15(15) of such Act is amended by striking out “1968–1969”[20 USC 645](/us/usc/t20/s645). and inserting in lieu thereof “1973–1974”.
(b)Section 16(a) of such Act is amended in clause (1)(A) thereof,[20 USC 646](/us/usc/t20/s646). by striking out “July 1, 1973” and inserting in lieu thereof “July 1, 1978”.
(c)The amendments made by this section shall be effective on andEffective date.[20 USC 633 note](/us/usc/t20/s633). after July 1, 1973. amendments to public law 815, eighty-first congress Sec. 302.
(1)Section 5(a)(1) of such Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended by striking out[20 USC 635](/us/usc/t20/s635). “(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),”.[37 USC 101](/us/usc/t37/s10) 88 Stat. 522 [20 USC 635](/us/usc/t20/s635).(2) Section 5(a)(2) of such Act is amended by striking out “residing on Federal property, or (B)” and by redesignating clause
(C)as clause (B). [20 USC 646](/us/usc/t20/s646).(b) Section 16(a) of such Act is amended by inserting before the last sentence thereof the following new sentence: “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 Commissioner may approve in order to assure that the facilities, as restored or replaced, will afford appropriate protection against personal injuries resulting from a disaster.”. duration of payments under title i of public law 874, eighty-first congress except section 3 thereof Sec. 303.
(1)Section 2(a) of the Act of September 30, 1950 [20 USC 237](/us/usc/t20/s237).(Public Law 874, Eighty-first Congress) is amended by striking out “July 1, 1973” and inserting in lieu thereof “July 1, 1978”. [20 USC 239](/us/usc/t20/s239).(2) Section 4(a) of such Act is amended, in that part thereof which precedes clause (1), by striking out “July 1, 1973” and inserting in lieu thereof “July 1, 1978”. [20 USC 241–1](/us/usc/t20/s241–1).(3) Section 7(a) of such Act is amended—
(A)in clause (1)(A), by striking out “July 1, 1973,” and inserting in lieu thereof “July 1, 1978,”; and
(B)in clause (1)(B), by inserting after “seriously damaged” the following: “prior to July 1, 1978”. Effective date.[20 USC 237 note](/us/usc/t20/s237).(b) The amendments made by this section shall be effective on and after July 1, 1973. amendments to public law 874, eighty-first congress for fiscal year 1975 Sec. 304.
(1)Section 3(b) of the Act of September 30, 1950 [20 USC 238](/us/usc/t20/s238).(Public Law 874, Eighty-first Congress) is amended by striking out “July 1, 1973” and inserting in lieu thereof “July 1, 1975”. Effective date.[20 USC 238 note](/us/usc/t20/s238).(2) The amendments made by this subsection shall be effective on and after July 1, 1973.
(1)Section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at the end thereof the following new subsection: " [20 USC 236](/us/usc/t20/s236).“(f) Notwithstanding any other provision of title I of this Act (including the provisions of section 5(c)), a local educational agency with respect to which the number of children determined for any fiscal year under subsection
(a)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.”. " Effective date.[20 USC 238 note](/us/usc/t20/s238).[20 USC 240](/us/usc/t20/s240).(2) The amendment made by this subsection shall be effective on and after July 1, 1974.
(1)Section 5(d)(2) of such Act is amended by striking out “No” and inserting in lieu thereof “Except as provided in paragraph (3), no”.
(2)Section 5(d) of such Act is further amended by adding at the end thereof the following new paragraph: " “(3)
(A)Notwithstanding paragraph
(2)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, 88 Stat. 523payments under this title 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 title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues. Whenever a State educational agency or local educational agency willNotice and hearing. be 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. “(B) The terms ‘State aid’ and ‘equalize expenditures’ as used in thisDefinitions. subsection shall be defined by the Commissioner by regulation after consultation with State and local educational agencies affected 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.”. "
(3)The amendments made by this subsection shall be effective forEffective date.[20 USC 240 note](/us/usc/t20/s240). fiscal year 1975 only.
(1)Section 403(1) of such Act is amended by adding at the[20 USC 244](/us/usc/t20/s244). end thereof the following: “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)Clause
(A)of section 5(c)(1) of such Act is amended by inserting[20 USC 240](/us/usc/t20/s240). after “Economic Opportunity Act of 1964” the following: “(other than any such property which is Federal property described in section 403(1)(A))”. amendments to sections 3, 5, and 7 of public law 874, eighty-first congress Sec. 305.
(1)Section 3 of the Act of September 30, 1950 (Public[20 USC 238](/us/usc/t20/s238). Law 874, Eighty-first Congress), is amendea to read as follows: " “children residing on, or whose parents are employed on, federal property “Children of Persons Who Reside and Work on Federal Property “Sec. 3.
(a)For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year, the Commissioner 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 88 Stat. 524 “(2) had a parent who was on active duty in the uniformed services (as defined in section 101 of title 37, United States Code). In making a determination under clause
(2)of the preceding sentence with respect to a local educational agency for any fiscal year, the Commissioner 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, [20 USC 244](/us/usc/t20/s244).as described in clause
(A)of section 403 (1). “Children of Persons Who Reside or Work on Federal Property “(b) 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, 1978, the Commissioner shall, in addition to any determination made with respect to such agency under subsection (a), determine the number of children (other than children with respect to whom a determination is made for such fiscal year under subsection (a)) 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
(B)if not in such county, 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, United States Code). For such purpose, with respect to a local educational agency, in the case of any fiscal year ending prior to July 1, 1978, the Commissioner shall also determine the number of children (other than children to whom subsection
(a)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 [22 USC 2601](/us/usc/t22/s2601).2(b)(3) of the Migration and Refugee Assistance Act of 1962, except that the Commissioner 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 2(b)(4) of such Act. “Eligibility for Payments “(c)
(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), 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. 88 Stat. 525 “(2)
(i)Clause
(B)of paragraph
(1)shall 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 subsections
(a)and
(b)respecting such agency for that fiscal year is at least ten. “(ii) 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)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. “(iii) If the Commissioner determines with respect to any localWaiver. 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 title; the Commissioner 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)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. “Amount of Payments “(d)
(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 determined for such fiscal year under subsection
(a)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, 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 “(B) in any other case, an amount equal to the sum of— “(i) the product obtained by multiplying 100 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause
(2)of subsection (a), “(ii) the product obtained by multiplying 90 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause
(1)of subsection (a), “(iii) the product obtained by multiplying 50 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause
(3)of subsection (b), 88 Stat. 526 “(iv) the product obtained by multiplying 45 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clauses
(1)and (2)(A) of subsection (b), and “(v) the product obtained by multiplying 40 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (2)(B) of subsection (b). “(2)
(A)Not later than December 1 during each fiscal year beginning after June 30, 1977, the Commissioner shall, except as is provided in clause
(iii)in the third sentence of this subparagraph, determine the total number of children with respect to whom determinations are made under subsection
(b)for all local educational agencies making application for payments under this section which meet the eligibility requirements set forth in subsection (c). The Commissioner shall determine the percentage which such number constitutes of the total number of children who were in average daily attendance at the schools of such agencies during such fiscal year and for whom such agencies provided tree public education. In calculating the products under clauses (B)(iii), (B)(iv), and (B)(v) of paragraph (1), with respect to any local educational agency for any fiscal year, the Commissioner shall reduce the number of children with respect to whom a determination is made under subsection
(b)by a number equal to one-half of the number which the percentage determined under the preceding sentence constitutes of the total number of children with respect to whom such a determination is made and 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, except that— “(i) such percentage shall not exceed 4 per centum; “(ii) the number reduced shall not exceed three hundred; and “(iii) this subparagraph shall not apply to any local educational agency
(I)with respect to which the number of children determined under subsection
(b)for any fiscal year amounts to at least. 10 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, or
(II)during any fiscal year in which such agency receives more than 25 per centum of the funds for its current expenditures from payments under this section. In determining the total number of children who were in average daily attendance at the schools of an agency during any fiscal year under clause (iii)(I) in the preceding sentence, the number of children in such schools with respect to whom a determination is made under subsection
(a)for such year shall not be considered. “(B) If the Commissioner determines that— “(i) 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 title, 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; “(ii) such agency is making a reasonable tax effort and exercising due diligence in availing itself of State and other financial assistance; 88 Stat. 527 “(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 clause
(1)of subsection (b), 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 Commissioner is authorized, to increase 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 Commissioner 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 Commissioner 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 clause
(1)of subsection (b), or both, minus the amount of State aid which the Commissioner determines to be available with respect to such children for the fiscal year for which the computation is being made. “(C)
(i)The amount of the entitlement of any local educationalSpecial education programs entitlement. agency under this section for any fiscal year with respect to handicapped children and children with specific learning disabilities for whom a determination is made under subsection (a)(2) or (b)(3) 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 Commissioner shall by regulation establish criteria forCriteria. 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 Commissioner shall consult with persons in charge of special education programs for handicapped children in the educational agency of the State in which such local educational agency is located. “(iv) For the purpose of this subparagraph the term ‘handicappedDefinitions. children’ has the same meaning as specified in section 602(1) of the Education of the Handicapped Act and the term ‘children with specific[20 USC 1401](/us/usc/t20/s1401). learning disabilities’ has the same meaning as specified in section 602(15) of such Act. 88 Stat. 528 Local contribution rate.“(3)
(A)Except as is provided ill subparagraph (B), in order to compute the local contribution rate for a local educational agency for any fiscal year, the Commissioner, 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 Formula.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 Commissioner 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 Commissioner is authorized to 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. “(iii) The local contribution rate for any local educational agency in— “(I) Puerto Rico, Wake Island, Guam, American Samoa, 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 Commissioner 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. Definitions.“(C) For the purposes of this paragraph— “(i) the term ‘State’ does not include Puerto Rico, Wake Island, Guam, American Samoa, 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 88 Stat. 529aggregate number of children in average daily attendance for whom such agencies provide free public education during such second preceding fiscal year. “Adjustments for Decreases in Federal Activities “(e) Whenever the Commissioner determines that— “(1) for any fiscal year, the number of children determined with respect to any local educational agency under subsections
(a)and
(b)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)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). “Determinations on the Basis of Estimates “(f) Determinations with respect to a number of children by the Commissioner 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.”. "
(2)Section 5 of such Act is amended to read as follows:[20 USC 240](/us/usc/t20/s240). " “payments “Applications “Sec. 5.
(1)Any local educational agency desiring to receive the payments to which it is entitled for any fiscal year under sections 2, 3, or 4 shall submit an application therefor through the State educational[20 USC 237](/us/usc/t20/s237).*Ante*, p. 523.20 USC 239. agency of the State in which such agency is located to the Commissioner. Such applications shall be submitted at such time, in such form, and containing such information as the Commissioner may reasonably require to enable him to carry out his functions under this title and shall give adequate assurance that the applicant, will submit such reports as the Commissioner may reasonably require toReports. determine whether such agency is entitled to a payment under any of such sections and the amount of such payment. “(2)
(A)Applications submitted under paragraph
(1)for payments on the basis of children determined under section 3(a) or 3(B) who reside, or reside with a parent employed, on Indian lands shall set forth adequate assurance that Indian children will participate on an equitable oasis in the school program of the local educational agency. 88 Stat. 530 “Indian lands.”“(B) For the purposes of this paragraph, the term ‘Indian lands’ means that property included within the definition of Federal property [20 USC 244](/us/usc/t20/s244).under clause
(A)of section 403(1). “Payments by the Commissioner “(b) The Commissioner shall pay to each local educational agency, making application pursuant to subsection (a), the amount to which [20 USC 237](/us/usc/t20/s237).*Ante*, p. 523.[20 USC 239](/us/usc/t20/s239).it is entitled under sections 2, 3, or 4. Sums appropriated, for any fiscal year, to enable the Commissioner to make payments pursuant to this title 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 title for such fiscal year, until the end of the fiscal year succeeding the fiscal year for which such sums are appropriated. “Adjustments Where Necessitated by Appropriations “(c) If the sums appropriated for any fiscal year for making payments on the basis of entitlements established under sections 2, 3, and 4 for that year are not sufficient to pay in full the total amounts which the Commissioner estimates all local educational agencies are entitled to receive under such sections for such year, the Commissioner shall allocate such sums among local educational agencies and make payments to such agencies as follows: “(1) be shall first allocate to each local educational agency which is entitled to a payment under section 2 and section 3 an amount equal to 25 per centum of the amount to which it is entitled as computed under section 2 or section 3(d), as the case may be, for such fiscal year. “(2) From that part of such sums which remains after the allocation required by paragraph
(1)for any fiscal year, he shall allocate an additional amount— “(A) to each local educational agency described in clause
(A)of section 3(d)(1) which equals 75 per centum of the amount to which such agency is entitled, as computed under section 3(d) with respect to a determination of a number of children under section 3(a), for such fiscal year; “(B) to each local educational agency with respect to which a number of children is determined under clause
(2)of section 3(a) which equals 65 per centum of the amount to which such agency is entitled on the basis of determining such children as computed under section 3(d), for such fiscal year; “(C) to each local educational agency with respect to which a number of children is determined under clause
(1)of section 3(a) which equals 63 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year; “(D) to each local educational agency with respect to which a number of children is determined under clause
(3)of section 3(b) which equals 35 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year; “(E) to each local educational agency with respect to which a number of children determined under clause
(1)and clause (2)(A) of section 3(b) which equals 32 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d) for such fiscal year; 88 Stat. 531 “(F) to each local educational agency with respect to which a number of children is determined under clause (2)(B) of section 3(b) which equals 28 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year; and “(G) to each local educational agency with respect to the amount to which such agency is entitled under section 2 which equals 35 per centum of the amount to which such agency is entitled on the basis of computations made under section 2 for such fiscal year. “(3) Any sums remaining after allocations are made pursuant to paragraph
(2)for any fiscal year shall be allocated by the Commissioner among local educational agencies which have unsatisfied entitlements established under sections 2, 3, and 4 in proportion to[20 USC 237](/us/usc/t20/s237).*Ante*, p. 523.[20 USC 239](/us/usc/t20/s239). the degree to which such entitlements are unsatisfied for that fiscal year, after allocations are made pursuant to paragraphs
(1)and (2). No allocation may be made pursuant to paragraph
(2)or
(3)and noRestrictions. 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. No allocation may be made pursuant to any clause of paragraph
(2)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. “Treatment of Payments by the States in Determining Eligibility for, and the Amount of, State Aid “(d)
(1)Except as provided in paragraph (2), no payments may be made under this title for any fiscal year to any local educational agency in any State
(A)if that State has taken into consideration payments under this title 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 title 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 title 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 title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues. Whenever a State educational agency or local educational agency will be adversely affected by the operation of this subsection, such agency 88 Stat. 532Notice and hearing opportunity.Definitions.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 Commissioner 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. “Limitations on Payments with Respect to Children on, or Residing with a Parent Employed on, Federal Property Described in Section [20 USC 244](/us/usc/t20/s244).403(1)(C) “(e)
(1)The Commissioner shall determine that part of the entitlement of each local educational agency, for each fiscal year ending prior to July 1, 1978, which is attributable to determinations under *Ante*, p. 523.subsections
(a)and
(b)of section 3 of the number of children who resided on, or resided with a parent employed on, property which is described in section 403(1)(C). “(2) No allocation or payment shall be made under paragraph
(2)of subsection
(c)with respect to that part of any entitlement of any local educational agency which is determined with respect to suck agency for such year under paragraph (1). The limitation in this paragraph shall not operate under the last two sentences of subsection
(c)to prevent allocations and payments under such paragraph “(3) The amount of the payment to any local educational agency which is determined with respect to such agency under paragraph
(1)shall be used for special programs and projects designed to meet the special educational needs of educationally deprived children from low income families. “Use of Funds Paid with Respect to Entitlements Increased Under Section 3(d)(2)(C) “(f) 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 3(d)(2) 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.”. " [20 USC 241–1](/us/usc/t20/s241–1).(3) Section 7(c) of such Act is amended by striking out the second sentence thereof and inserting in lieu thereof the following: “"Pending such appropriation, the Commissioner is authorized to expend (without regard for subsections
(a)and
(e)of section 3679 of the Revised Statutes (31 U.S.C. 665)) from any funds appropriated to the Office of Education and at that time available to the Commissioner, such sums as may be necessary for providing immediate assistance under this section. Expenditures pursuant to the preceding sentence shall— Report to congressional committees.“(1) be reported by the Commissioner to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Public Welfare of the Senate within thirty days of the expenditure; 88 Stat. 533 “(2) be reimbursed from the appropriations authorized by the first sentence of this subsection. The report required to the Committees on Appropriations by clauseBudget estimate.
(1)in the preceding sentence shall 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)).”. The amendments made by paragraphs
(1)and
(2)of subsection (a)Effective date.[20 USC 238 note](/us/usc/t20/s238). 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)shall be effective upon enactment of this Act. "
(i)Notwithstanding any other provision of law unless[20 USC 238 note](/us/usc/t20/s238). 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) for the fiscal year ending*Ante*, p. 523. 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, for any fiscal year beginning[20 USC 236](/us/usc/t20/s236). after June 30, 1974, and ending prior to July 1, 1978, on the basis of the entitlement of that agency under such section 3, shall not Ire 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 July 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) by reason of the 3 percentum requirement in clause
(B)of section 3(c)(2) of such Act, as in effect prior to the effective date of the amendment made by paragraph
(1)of subsection (a), but which fails to meet such requirement in any fiscal year ending prior to July 1, 1977, such agency shall continue to be eligible for a payment under such section 3 as then in effect for the two succeeding fiscal years, but the payment under such section 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), 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 which are not so increased. If, for any fiscal year, a law making appropriations for payments pursuant to such title I 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, and*Ante*, p. 529. without regard for the provisions of division (i); and
(II)not later than fifteen days after the enactment of suchReport to congressional committees. law, the Commissioner 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 88 Stat. 534Labor 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)). Decreased enrollment.(B) In the case of any local educational agency which experiences a decrease in the number of children determined by the Commissioner of Education under section 3 of the Act of September 30, 1950 (Public *Ante*, p. 523.Law 874, Eighty-first Congress) 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, as computed under section 3 of such Act, for any fiscal year ending prior to July 1, 1978, shall not be less than 90 per centum of the amount to which the agency was so entitled Effective date.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.
(C)During the first fiscal year in which the amendments made by subsection
(a)are effective and each of the succeeding fiscal years ending prior to July 1, 1978, the Commissioner 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), the amount to which such agency shall be entitled with respect to a number of children determined under such section 3(b) 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.
(i)The Commissioner 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) if the amount appropriated had been *Ante*, p. 529.allocated as provided in section 5(c) of such Act without regard for entitlements (or portions thereof) which are attributable to determinations under subsections
(a)and
(b)of such section of the number 88 Stat. 535of 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). The Commissioner shall then determine the amount which[20 USC 244](/us/usc/t20/s244). each local educational agency is to be paid for that fiscal year under such section 3 and allocated in accordance with such section 5(c). If the amount determined with respect to any local educational agency tinder the first sentence of this division is greater than the amount determined with respect to the second sentence of this division, the Commissioner 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*Ante*, p. 529. Congress). 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, without regard for such third sentence; and
(II)not later than fifteen days after the enactment of such law,Report to congressional committees. the Commissioner 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)). TITLE IV— CONSOLIDATION OF CERTAIN EDUCATION PROGRAMS consolidation of library and learning resources. educational innovation, and support programs Sec. 401. Title IV of the Elementary and Secondary Education Act[20 USC 331](/us/usc/t20/s331). of 1965, is amended to read as follows: " “TITLE IV— LIBRARIES, LEARNING RESOURCES, EDUCATIONAL INNOVATION. AND SUPPORT “Part A— General Provisions “authorization of appropriations “Sec. 401.
(1)Subject to the provisions of paragraph (2), there[20 USC 1801](/us/usc/t20/s1801). is authorized to be appropriated the sum of $395,000,000 for obligation by the Commissioner during the fiscal year ending June 30, 1976, and such sums as may be necessary for obligation by the Commissioner during each of the two succeeding fiscal years, for the purpose of making grants under part B (Libraries and Learning Resources) of this title. “(2) No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless— 88 Stat. 536 “(A)
(i)aggregate amount which could be appropriated under this subsection is at least equal to the aggregate amount appropriated for obligation by the Commissioner during the preceding fiscal year in which part B was in effect, or “(ii) in the case of appropriations under this subsection for the first fiscal year in which part B is effective, such amount is at least equal to the aggregate amount appropriated for obligation by the Commissioner for the fiscal year ending June 30, 1974, or for the preceding fiscal year, whichever is higher, under title II and so much of title III as relates to testing, guidance, and [20 USC 821, 841](/us/usc/t20/s821/s841).[20 USC 441](/us/usc/t20/s441).counseling of this Act, and under title III (except for section 305) of the National Defense Education Act of 1958, and “(B) the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year. “(b)
(1)Subject to the provisions of paragraph (2), there is authorized to be appropriated the sum of $350,000,000 for obligation by the Commissioner during the fiscal year ending June 30, 1976, and such sums as may be necessary for obligation by the Commissioner during each of the two succeeding fiscal years, for the purpose of making grants under part C (Educational Innovation and Support) of this title. “(2) No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless— “(A)
(i)the aggregate amount which would be appropriated under this subsection is at least equal to the aggregate amount appropriated for obligation by the Commissioner during the preceding fiscal year in which part C was in effect, or “(ii) in the case of appropriations under this subsection for the first fiscal year in which part C is effective, such amount is at least equal to the aggregate amount appropriated for obligation by the Commissioner for fiscal year ending June 30, 1974, or for the preceding fiscal year, whichever is higher, under title III (except for programs of testing, guidance, and counseling), title V, and sections [20 USC 841, 861 , 887, 887a](/us/usc/t20/s841/s861/s887/s887a).807 and 808 of this Act, and “(B) the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year. “(c)
(1)In the first fiscal year in which appropriations are made pursuant to part B, 50 per centum of the funds so appropriated shall be available to the States to carry out part B of this title. The remainder of such funds shall be available to the States and shall be allotted to the States, or to the Commissioner, as the case may be, in such year, pursuant to title II and so much of title III as relates to testing, guidance, and counseling under this Act, and under title III (except for section 305) of the National Defense. Education Act of 1958, for each such program in an amount which bears the same ratio to such remainder as the amount appropriated for each such program for the fiscal year ending June 30, 1974, or for the fiscal year preceding the fiscal year for which the determination is made, whichever is higher, bears to the aggregate of such appropriated amounts. The amounts made available under the second sentence of this paragraph shall be subject to the provisions of law governing each such program. 88 Stat. 537 “(2) In the first fiscal year in which appropriations are made pursuant to part C, 50 per centum of the funds so appropriated shall be*Post*, p. 543. available to carry out part C of this title. The remainder of such funds shall be available to the States and shall be allotted to the States, or to the Commissioner, as the case may be, in such year, pursuant to title III (except for programs of testing, guidance, and counseling), title V, and sections 807 and 808 of this Act, for each such program in an[20 USC 841, 861, 887, 887a](/us/usc/t20/s841/s861/s887/s887a). amount which bears the same ratio to such remainder as the amount appropriated for each such program for the fiscal year ending June 30, 1974, or for the fiscal year preceding the fiscal year for which the determination is made, whichever is higher, bears to the aggregate of such appropriated amounts. The amount, made available under the second sentence of this paragraph shall be subject to the provisions of law governing each such program. “allotment to the states “Sec. 402.
(1)There is hereby authorized to be appropriatedAppropriation.[20 USC 1802](/us/usc/t20/s1802). for each fiscal year for the purposes of t his paragraph amounts equal to not more than 1 per centum of each of the amounts appropriated for such year under subsections
(a)or (b), or both, of section 401. The*Ante*, p. 535. Commissioner shall allot each of the amounts appropriated pursuant to this paragraph among Guam. American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under part B or part C, or both, of this*Post*, pp. 542, 543. title. In addition, for each fiscal year he shall allot from each of such amounts to
(A)the Secretary of the Interior the amounts necessary for the programs authorized by each such part for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior, and
(B)the Secretary of Defense the amounts necessary for the programs authorized by each such part for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payment for such purposes shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. “(2) From the amounts appropriated to carry out part B or part C, or both, of this title for any fiscal year pursuant to subsections
(a)and
(b)of section 401, the Commissioner shall allot to each State from each such amount an amount which bears the same ratio to such amount as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States. For the purposes of this subsection, the term ‘State’ shall not include Guam, American“State.” Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. The number of children aged five to seventeen, inclusive, in a State and in all the States shall he determined by the Commissioner on the basis of the most recent satisfactory data available to him. “(b) The amount of any State’s allotment under subsection
(a)forReallotment. any fiscal year to carry out part B or C which the Commissioner determines will not be required for such fiscal year to carry out such part shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection
(a)for that year but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States 88 Stat. 538whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year from funds appropriated *Ante*, p. 535.pursuant to section 401 shall be deemed a part of its allotment under subsection
(a)for such year. “state plans “Sec. 403. Advisory council.Establishment.[20 USC 1803](/us/usc/t20/s1803).
(a)Any State which desires to receive grants under this title shall establish an advisory council as provided by subsection
(b)and shall submit to the Commissioner a State plan, in such detail as the Commissioner deems necessary, which— “(1) designates the State educational agency as the State agency which shall, either directly or through arrangements with other State or local public agencies, act as the sole agency for the administration of the State plan; “(2) sets forth a program under which funds paid to the State *Ante*, p. 537.from its allotments under section 402 will be expended solely for the programs and purposes authorized by parts B and C of this *Post*, p. 542, 543.title, and for administration of the State plan; “(3) provides assurances that the requirements of section 406 (relating to the participation of pupils and teachers in non-public *Post*, p. 541.elementary and secondary schools) will be met, or certifies that such requirements cannot legally be met in such State; “(4) provides assurances that
(A)funds such agency receives from appropriations made under section 401(a) will be distributed among local educational agencies according to the enrollments in public and nonpublic schools within the school districts of such agencies, except that substantial funds will be provided to
(i)local educational agencies whose tax effort for education is substantially greater than the State average tax effort for education, but whose per pupil expenditure (excluding payments [20 USC 236](/us/usc/t20/s236).made under title I of this Act) is no greater than the average per pupil expenditure in the State, and
(ii)local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as children from low-income families, children living in sparsely populated areas, and children from families in which English is not the dominant language; and
(B)funds such agency receives from appropriations made under section 401(b) will be distributed among local educational agencies on an equitable basis recognizing the competitive nature of the grantmaking except that the State educational agency shall provide assistance in formulating proposals and in operating programs to local educational agencies which are less able to compete due to small size or lack of local financial resources; and the State plan shall set forth the specific criteria the State educational agency has developed and will apply to meet the requirements of this paragraph; “(5) provides that each local educational agency will be given complete discretion (subject to the provisions of section 406) in determining how the funds it receives from appropriations made under section 401(a) will be divided among the various programs *Post*, p. 542.described in section 421, except that, in the first year in which appropriations are made pursuant to part B, each local educational agency will be given complete discretion with respect to 50 per centum of the funds appropriated for that part attributable to that local educational agency; 88 Stat. 539 “(6) provides for the adoption of effective procedures
(A)forProgram evaluation. an evaluation by the State advisory council, at least annually, of the effectiveness of the programs and projects assisted under the State plan,
(B)for the appropriate dissemination of the results of such evaluations and other information pertaining to such programs or projects, and
(C)for the adoption, where appropriate, of promising educational practices developed through innovative programs supported under part C;*Post*, p. 543. “(7) provides that local educational agencies applying for funds under any program under this title shall be required to submit only one application for such funds for any one fiscal year; “(8) provides— “(A) that, of the funds the State receives under section 401*Ante*, p. 535. for the first fiscal year for which such funds are available, such agency will use for administration of the State plan not to exceed whichever is greater
(i)5 per centum of the amount so received ($50,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), excluding any part of such amount used for purposes of section 431(a)(3), or
(ii)the amount it received*Post*, p. 543. for the fiscal year ending June 30, 1973, for administration of the programs referred to in sections 421(b) and 431(b), and*Post*, p. 542. that the remainder of such funds shall be made available to local educational agencies to be used for the purposes of parts B and C, respectively; and that, of the funds the State*Post*, p. 542, 543. receives under section 401 for fiscal years thereafter, it will use for administration of the State plan not to exceed whichever is greater
(i)5 per centum of the amount so received ($50,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), excluding any part of such amount used for purposes of section 431(a)(3), or
(ii)$225,000, and that the remainder of such funds shall be made available to local educational agencies to be used for purposes of parts B and C, respectively, “(B) that not less than 15 per centum of the amount received pursuant to section 401(b) in any fiscal year (not including any amount used for purposes of section 431 (a)(3)) shall be used for special programs or projects for the education of children with specific learning disabilities and handicapped children, and “(C) that not more than the greater of
(i)15 per centum of the amount which such State receives pursuant to section 401(b) in any fiscal year, or
(ii)the amount available by appropriation to such State in the fiscal year ending June 30, 1973, for purposes covered by section 431(a)(3), shall be used for purposes of section 431(a)(3)(relating to strengthening State and local educational agencies); “(9) provides assurances that in the case of any project for theFacilities, accessibility to handicapped persons. repair, remodeling, or construction of facilities, that the facilities shall be accessible to and usable by handicapped persons; “(10) sets forth policies and procedures which give satisfactory assurance that Federal funds made available under this title for any fiscal year will not be commingled with State funds; and “(11) gives satisfactory assurance that the aggregate amount to be expended by the State and its local educational agencies from funds derived from non-Federal sources for programs 88 Stat. 540*Post*, p. 542.described in section 421(a) for a fiscal year will not be less than the amount so expended for the preceding fiscal year. “(b)
(1)The State advisory council, established pursuant to subsection (a), shall— Membership.“(A) be appointed by the State educational agency or as otherwise provided by State law’ and be broadly representative of the cultural and educational resources of the State (as defined in *Post*, p. 544.section 432) and of the public, including persons representative of— “(i) public and private elementary and secondary’ schools, “(ii) institutions of higher education, and “(iii) fields of professional competence in dealing with children needing special education because of physical or mental handicaps, specific learning disabilities, severe educational disadvantage, and limited English-speaking ability or because they are gifted or talented, and of professional competence in guidance and counseling; Duties.“(B) advise the State educational agency on the preparation of, and policy matters arising in the administration of, the State plan, including the development of criteria for the distribution of funds and the approval of applications for assistance under this title; “(C) evaluate all programs and projects assisted under this title; and Report to Commissioner.“(D) prepare at least annually and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner. “(2) Not less than ninety days prior to the beginning of any fiscal year for which funds will be available for carrying out this title, each State shall certify the establishment of, and membership of (including the name of the person designated as Chairman), its State advisory council to the Commissioner. Meetings.“(3) Each State advisory council shall meet within thirty days after certification has been accepted by the Commissioner and establish the time, place, and manner of its future meetings, except that such council shall have not less than one public meeting each year at which the public is given an opportunity to express views concerning the administration and operation of this title. Personnel.“(4) Each State advisory council shall be authorized to obtain the services of such professional, technical, and clerical personnel, and to contract for such other services as may be necessary to enable them to carry out their functions under this title, and the (Commissioner shall assure that funds sufficient for these purposes are made available to each council from funds available for administration of the State plan. State plan approval.“(c) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsections
(a)and
(b)of this section. “administration or state plans “Sec. 404. Notice and hearing opportunity.[20 USC 1804](/us/usc/t20/s1804). The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State educational agency reasonable notice and opportunity for a hearing. 88 Stat. 541 “payments to states “Sec. 405. From the amounts allotted to each State under section[20 USC 1805](/us/usc/t20/s1805).*Ante*, p, 537.*Post*, pp. 542, 543. 402 for carrying out the programs authorized by parts B and C, respectively, the Commissioner shall pay to that State an amount equal to the amount expended by the State in carrying out its State plan (after withholding any amount necessary pursuant to section 406(f)).*Infra*. “participation of children enrolled in private schools “Sec. 406.
(a)To the extent consistent with the number of children[20 USC 1806](/us/usc/t20/s1806). in the school district of a local educational agency (which is a recipient of funds under this title or which serves the area in which a program or project assisted under this title is located) who are enrolled in private nonprofit elementary and secondary schools, such agency, after consultation with the appropriate private school officials, shall provide for the benefit of such children in such schools secular, neutral, and nonideological services, materials, and equipment including the repair, minor remodeling, or construction of public school facilities as may be necessary for their provision (consistent with subsection
(c)of this section), or, if such services, materials, and equipment are not feasible or necessary in one or more such private schools as determined by the local educational agency after consultation with the appropriate private school officials, shall provide such other arrangements as will assure equitable participation of such children in the purposes and benefits of this title. “(b) Expenditures for programs pursuant to subsection
(a)shallEqual expenditures. be equal (consistent with the number of children to be served) to expenditures for programs for children enrolled in the public schools of the local educational agency, taking into account the needs of the individual children and other factors (pursuant to criteria supplied by the Commissioner) which relate to such expenditures, and when funds available to a local educational agency under this title are used to concentrate programs or projects on a particular group, attendance area, or grade or age level, children enrolled in private schools who are included within the group, attendance areas, or grade or age level selected for such concentration shall, after consultation with the appropriate private school officials, be assured equitable participation in the purposes and benefits of such programs or projects. “(c)
(1)The control of funds provided under this title and title toAdministration. materials, equipment, and property repaired, remodeled, or constructed therewith shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property. “(2) The provision of services pursuant to this section shall be provided by employees of a public agency or through contract by such public agency with a person, an association, agency, or corporation who or which in the provision of such services is independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this title shall not be commingled with State or local funds. “(d) If a State is prohibited by law from providing for the participationWaiver. in programs of children enrolled in private elementary and secondary schools, as required by this section, the Commissioner may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section. 88 Stat. 542 “(e) If the Commissioner determines that a State or a local educational agency has substantially failed to provide for the participation on an equitable basis of children enrolled in private elementary and secondary schools as required by this section, he shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section. “(f) When the Commissioner arranges for services pursuant to this section, he shall, after consultation with the appropriate public and private school officials, pay the cost of such services from the appropriate allotment of the State under this title. Notice and hearing opportunity.“(g)
(1)The Commissioner shall not take any final action under this section until he has afforded the State educational agency and local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record. Judicial review.“(2) If a State or local educational agency is dissatisfied with the Commissioner’s final action after a hearing under subparagraph
(A)of this paragraph, it may within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Cotie. “(3) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. Jurisdiction.“(4) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”. “Part B— Libraries and Learning Resources “programs authorized “Sec. 421. Grants to States.[20 USC 1821](/us/usc/t20/s1821).
(a)The Commissioner shall carry out a program for making grants to the States (pursuant to State plans approved under section 403)— “(1) for the acquisition of school library resources, textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools; “(2) for the acquisition of instructional equipment (including laboratory and other special equipment, including audio-visual materials and equipment suitable for use in providing education in academic subjects) for use by children and teachers in elementary and secondary schools, and for minor remodeling of laboratory or other space used by such schools for such equipment; and “(3) for
(A)a program of testing students in the elementary and secondary schools,
(B)programs of counseling and guidance services for students at the appropriate levels in elementary and 88 Stat. 543secondary schools designed
(i)to advise students of courses of study best suited to their ability, aptitude, and skills,
(ii)to advise students with respect to their decisions as to the type of educational program they should pursue, the vocation they should train for and enter, and the job opportunities in the various fields, and
(iii)to encourage students to complete their secondary school education, take the necessary courses for admission to postsecondary institutions suitable for their occupational or academic needs, and enter such institutions, and such programs may include short-term sessions for persons engaged in guidance and counseling in elementary and secondary schools, and
(C)programs, projects, and leadership activities designed to expand and strengthen counseling and guidance services in elementary and secondary schools. “(b) It is the purpose of this part to combine within a single authorization, subject to the modifications imposed by the provisions and requirements of this title, the programs authorized by title II and so much of title III as relates to testing, counseling, and guidance, of this Act, and title III (except for section 305 thereof) of the National[20 USC 821, 841](/us/usc/t20/s821/s841).[20 USC 441](/us/usc/t20/s441). Defense Education Act of 1958, and funds appropriated to carry out this part must, be used only for the same purposes and for the funding of the same types of programs authorized under those provisions. “Part C— Educational Innovation and Support “programs authorized “Sec. 431.
(a)The Commissioner shall carry out a program forGrants to States.[20 USC 1831](/us/usc/t20/s1831). making grants to the States (pursuant to State plans approved under section 403)—*Ante*, p. 538. “(1) for supplementary educational centers and services to stimulate and assist in the provision of vitally needed educational services (including preschool education, special education, compensatory education, vocational education, education of gifted and talented children, and dual enrollment programs) not available in sufficient quantity or quality, and to stimulate and assist in the development and establishment of exemplary elementary and secondary school programs (including the remodeling, lease, or construction of necessary facilities) to serve as models for regular school programs; “(2) for the support of demonstration projects by local educational agencies or private educational organizations designed to improve nutrition and health services in public and private elementary and secondary schools serving areas with high concentrations of children from low-income, families and such projects may include payment of the cost of
(A)coordinating nutrition and health service resources in the areas to be served by a project,
(B)providing supplemental health, mental health, nutritional, and food services to children from low-income families when the resources for such services available to the applicant from other sources are inadequate to meet the needs of such children,
(C)nutrition and health programs designed to train professional and other school personnel to provide nutrition and health services in a manner which meets the needs of children from low-income families for such services, and
(D)the evaluation of projects assisted with respect to their effectiveness in improving school nutrition and health services for such children; 88 Stat. 544 “(3) for strengthening the leadership resources of State and local educational agencies, and for assisting those agencies in the establishment and improvement of programs to identify and meet educational needs of States and of local school districts; and “(4) for making arrangements with local educational agencies for the carrying out by such agencies in schools which
(A)are located in urban or rural areas,
(B)have a high percentage of children from low-income families, and
(C)have a high percentage of such children who do not complete their secondary school education, of demonstration projects involving the use of innovative methods, systems, materials, or programs which show promise of reducing the number of such children who do not complete their secondary school education. “(b) It is the purpose of this part to combine within a single authorization, subject to the modifications imposed by the provisions and requirements of this title, the programs authorized by title III (except for programs of testing, counseling, and guidance) and title V, and [20 USC 841, 861, 887, 887a](/us/usc/t20/s841/s861/s887/s887a).sections 807 and 808 of this Act, and funds appropriated to carry out this part must be used only for the same purposes and for the funding of the same types of programs authorized under those provisions. “use of cultural and educational resources “Sec. 432. [20 USC 1832](/us/usc/t20/s1832). Programs or projects supported pursuant to this part (other than those described in section 431(a)(3)) shall involve in the planning and carrying out thereof the participation of persons broadly representative of the cultural and educational resources of the “Cultural and educational resources.”area to be served. The term ‘cultural and educational resources’ includes State educational agencies, local educational agencies, private nonprofit elementary and secondary schools, institutions of higher education, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources.” " consolidation of certain federally operated education programs Sec. 402.
(1)The Act of July 26, 1954 (Public Law 531. Eighty-third [20 USC 331 note](/us/usc/t20/s331).Special Projects Act.[20 USC 1851 note](/us/usc/t20/s1851).Congress) is amended by striking out all after the enacting clause and inserting in lieu thereof the following: “"That this Act may be cited as the “Special Projects Act”. “purpose “Sec. 2. [20 USC 1851](/us/usc/t20/s1851). It is the purpose of this Act to authorize the Commissioner of Education (hereinafter referred to as the ‘Commissioner’) to carry out special projects— “(1) to experiment with new educational and administrative methods, techniques, and practices; “(2) to meet special or unique educational needs or problems; and “(3) to place special emphasis on national education priorities. “contracting authority “Sec. 3. [20 USC 1852](/us/usc/t20/s1852).
(a)The Commissioner is authorized, during the period beginning July 1, 1975, and ending June 30, 1978, to make contracts with public and private agencies, organizations, associations, institutions, and with individuals in order to carry out the purposes of this Act as set forth in section 2. 88 Stat. 545 “(b) In exercising his authority under this section, the Commissioner shall comply with such priorities and preferences as may be expressly provided by law, with respect to this section. “appropriations “Sec. 4.
(1)In order to enable the Commissioner to make contracts[20 USC 1853](/us/usc/t20/s1853). under section 3, there is authorized, subject to subsection (b), to be appropriated to the Office of Education $200,000,000 for the fiscal year ending June 30, 1976, and each of the two succeeding fiscal years. “(2) Sums appropriated pursuant to paragraph
(1)shall, notwithstanding any other provisions of law, unless enacted in express limitation of this paragraph, remain available until expended. “(b)
(1)Not later than February 1 of each year, the CommissionerExpenditure plan and report, submittal to congressional committees. shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a plan in accordance with which the Commissioner has determined to expend funds to be appropriated for the succeeding fiscal year. Such plan shall be accompanied by a report, describing each contract made during the calendar year preceding that fiscal year under the authority of this Act involving an expenditure in excess of $100,000. “(2)
(A)The funds appropriated pursuant to subsection
(a)for any fiscal year shall be expended in accordance with the plan submitted for that year pursuant to paragraph (1), unless prior to sixty days after the submission of such plan, either the Committee on Education and Labor of the House of Representatives or the Committee on Labor and Public Welfare of the Senate adopts a resolution disapproving such plan. “(B) If either or both such committees adopts a resolution of disapproval as provided in subparagraph (A), the Commissioner shall, not later than fifteen days after the adoption of any such resolution, submit a new plan in accordance with paragraph
(1)and subparagraph (A).”. "
(2)The title of such Act of July 24, 1954, is amended to read as follows: “An Act to authorize special projects, surveys, and studies by the Office of Education.”.
(1)In carrying out his functions under section 3 of the Special[20 USC 1861](/us/usc/t20/s1861). Projects Act, the Commissioner shall reserve not less than 50 per centum of the sums appropriated pursuant to section 4 of such Act for the purposes given preference under paragraph
(3)of this subsection and apportioned in accordance with paragraph
(2)of this subsection. With respect to the funds to which this paragraph applies, the Commissioner’s authority under such section 3 shall include authority to make grants as well as contracts.
(2)Except as is otherwise provided with respect to section 409, theApportionment of funds.*Post*, p. 556. Commissioner shall apportion an amount for each of the purposes set forth in paragraph
(3)which bears the same ratio to the sums reserved pursuant to paragraph
(1)as the amount permitted to be expended for each such purpose bears to the aggregate of the amounts permitted to be expended for all such purposes.
(3)The sums reserved pursuant, to paragraph
(1)shall be expendedReserved funds. for programs otherwise authorized by an applicable statute and described in the following subparagraphs: Education for the Use of the Metric System of Measurement
(A)A program to encourage educational agencies and institutions to prepare students to use the metric system of measurement, as provided in section 403. 88 Stat. 546 Gifted and Talented Children
(B)A program for the education of gifted and talented children through grants to the States for such purpose, as provided in section *Post*, p. 547.404 (except subsection
(f)thereof). Community Schools
(C)A program of grants to local educational agencies to assist them in planning, establishing, expanding, and operating community education *Post*, p. 549.programs, as provided in section 405. Career Education
(D)A program to assess, and to encourage establishment and operation *Post*, p. 551.of, career education programs, as provided in section 406. Consumers’ Education
(E)A program of grants and contracts designed to provide consumer education to the public, as provided in section 811 of the *Post*, p. 553.Elementary and Secondary Education Act of 1965. Women’s Equity in Education
(F)A program of grants and contracts designed to provide educational *Post*, p. 554.equity for women in the United States, as provided in section 408. Arts in Education Programs
(G)A program of grants and contracts designed to assist and encourage the use of the arts in elementary and secondary school programs as provided in section 409.
(4)No appropriation may be made for any fiscal year for the purposes of section 811 of the Elementary and Secondary Education Act of 1965 or sections 403, 404, 405, 406, 408, and 409 of this Act during which funds are available for the purposes of such sections under the provisions of this subsection. [20 USC 1851 note](/us/usc/t20/s1851).(c)
(1)The amendments made by subsection
(a)and the provisions of subsection
(b)shall be effective on and after July 1, 1975. [20 USC 844a note](/us/usc/t20/s844a).[20 USC 841](/us/usc/t20/s841).[20 USC 844a](/us/usc/t20/s844a).[20 USC 844b](/us/usc/t20/s844b).[20 USC 845](/us/usc/t20/s845).(2) Effective July 1, 1975, title III of the Elementary and Secondary Education Act of 1965 is amended—
(i)by striking out section 305(d);
(ii)ii) by striking out section 306; and
(iii)by striking out section 307(c). Repeal.[20 USC 887b and note](/us/usc/t20/s887b).(3) Effective July 1, 1975, section 809 of the Elementary and Secondary Education Act of 1965, is repealed. education for the use of the metric system of measurement Sec. 403. [20 USC 1802](/us/usc/t20/s1802).
(1)The Congress finds that—
(A)the metric system of measurement is in general use in industrially developed nations and its use is increasing;
(B)increased use of such metric system in the United States is inevitable, and such a metric system will become the dominant system of weights and measures in the United States; and
(C)there is no existing Federal program designed to teach children to use such metric system and such a program is necessary if the American people are to adapt to the use of the metric system of weights and measures. 88 Stat. 547
(2)It is the policy of the United States to encourage educational agencies and institutions to prepare students to use the metric system of measurement with ease and facility as a part of the regular education program.
(3)For the purposes of this section, the term “metric system of“Metric system of measurement.” measurement“ means the International System of Units as established by the General Conference of Weights and Measures in 1900 and interpreted or modified for the United States by the Secretary of Commerce.
(1)The Commissioner shall carry out a program of grants andGrants and contracts. contracts in order to encourage educational agencies and institutions to prepare students to use the metric system of measurement.
(2)The Commissioner is authorized to make grants to, and contracts with, institutions of higher education. State and local educational agencies, and other public and private nonprofit agencies, organizations, and institutions to develop and carry out the policy set forth in subsection (a).
(1)Financial assistance under this section may be made availableFinancial assistance, application. only upon application to the Commissioner. Any such application shall be submitted at such time, in such form, and containing such information as the Commissioner shall prescribe by regulation and shall be approved only if it—
(A)provides that the activities and services for which assistance is sought will be administered by, or under the supervision of, the applicant;
(B)describes a program which holds promise of making a substantial contribution toward attaining the purposes of this section;
(C)sets forth such policies and procedures as will insure adequate evaluation of the activities intended to be carried out under the application; and
(D)contains such other provisions as the Commissioner determines necessary in order to accomplish the purposes of this title.
(2)An application from a local educational agency under this sectionApproval. may be approved only if the State educational agency of the State in which such local agency is located has been notified of the application and has been given a reasonable opportunity to offer recommendations with respect to the approval thereof.
(d)For the purpose of carrying out this section, the CommissionerAppropriation. is authorized to expend $10,000,000 for each of the fiscal years ending prior to July 1, 1978. gifted and talented children Sec. 404.
(a)The Commissioner shall designate an administrative[20 USC 1863](/us/usc/t20/s1863). unit within the Office of Education to administer the programs and projects authorized by this section and to coordinate all programs for gifted and talented children and youth administered by the Office.
(b)The Commissioner shall establish or designate a clearinghouseInformation clearinghouse. to obtain and disseminate to the public information pertaining to the education of gifted and talented children and youth. The Commissioner is authorized to contract with public or private agencies or organizations to establish and operate the clearinghouse.
(1)The Commissioner shall make grants to State educationalGrants. agencies and local educational agencies, in accordance with the provisions of this subsection, in order to assist them in the planning, development, operation, and improvement of programs and projects designed to meet the special educational needs of gifted and talented children at the preschool and elementary and secondary school levels. 88 Stat. 548 Applications.(2)
(A)Any State educational agency or local educational agency desiring to receive a grant under this subsection shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner determines to be necessary to carry out his functions under this section. Such application shall—
(i)provide satisfactory assurance that funds paid to the applicant will be expended solely to plan, establish, and operate programs and projects which—
(I)are designed to identify and to meet the special educational and related needs of gifted and talented children, and
(II)are of sufficient size, scope, and quality as to hold reasonable promise of making substantial progress toward meeting those needs;
(ii)set forth such policies and procedures as are necessary for acquiring and disseminating information derived from educational research, demonstration and pilot projects, new educational practices and techniques, and the evaluation of the effectiveness of the program or project in achieving its purpose; and
(iii)provide satisfactory assurance that, to the extent consistent with the number of gifted and talented children in the area to be served by the applicant who are enrolled in nonpublic elementary and secondary schools, provision will be made for the participation of such children.
(B)The Commissioner shall not approve an application under this subsection from a local educational agency unless such application has been submitted to the State educational agency of the State in which the applicant is located and such State agency has had an opportunity to make recommendations with respect to approval thereof.
(3)Funds available under an application under this subsection may be used for the acquisition of instructional equipment to the extent such equipment is necessary to enhance the quality or the effectiveness of the program or project for which application is made.
(4)A State educational agency receiving assistance may carry out its functions under an approved application under this subsection directly or through local educational agencies. Personnel training grants.(d) The Commissioner is authorized to make grants to State educational agencies to assist them in establishing and maintaining, directly or through grants to institutions of higher education, a program for training personnel engaged or preparing to engage in educating gifted and talented children or as supervisors of such personnel.
(e)The Commissioner is authorized to make grants to institutions of higher education and other appropriate nonprofit institutions or agencies to provide training to leadership personnel for the education of gifted and talented children and youth. Such leadership personnel may include, but are not limited to, teacher trainers, school administrators, supervisors, researchers, and State consultants. Grants under this subsection may be used for internships, with local, State, or Federal agencies or other public or private agencies or institutions. Research program.[20 USC 1221e](/us/usc/t20/s1221e).(f) Notwithstanding the second sentence of section 405(b)(1) of the General Education Provisions Act, the National Institute of Education shall, in accordance with the terms and conditions of section 405 of such Act, carry out a program of research and related activities Transfer of funds.relating to the education of gifted and talented children. The Commissioner is authorized to transfer to the National Institute of Education such sums as may be necessary for the program required by this subsection. Definition.As used in the preceding sentence the term “research and related 88 Stat. 549activities” means research, research training, surveys, or demonstrations in the field of education of gifted and talented children and youth, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental and model schools.
(g)In addition to the other authority of the Commissioner underModel projects, contracts. this section, the Commissioner is authorized to make contracts with public and private agencies and organizations for the establishment and operation of model projects for the identification and education of gifted and talented children, including such activities as career education, bilingual education, and programs of education for handicapped children and for educationally disadvantaged children. The total of the amounts expended for projects authorized under this subsection shall not exceed 15 per centum of the total of the amounts expended under this section for any fiscal year.
(h)For the purpose of carrying out the provisions of this section,Appropriation. the Commissioner is authorized to expend not to exceed $12,250,000 for each fiscal year ending prior to July 1, 1978. community schools Sec. 405.
(a)This section may be cited as the “Community SchoolsCommunity Schools Act.[20 USC 1864](/us/usc/t20/s1864). Act”.
(b)In recognition of the fact that the school, as the prime educational institution of the community, is most effective when the school involves the people of that community in a program designed to fulfill their education needs, and that community education promotes a more efficient use of public education facilities through an extension of school buildings and equipment, it is the purpose of this section to provide educational, recreational, cultural, and other related community services, in accordance with the needs, interests, and concerns of the community, through the establishment of the community education program as a center for such activities in cooperation with other community groups.
(c)For purposes of this section and subparagraph
(C)of section“Community education program.”*Ante*, p. 544. 402(b)(3), a “community education program” is a program in which a public building, including but not limited to a public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community that center serves in accordance with the needs, interests, and concerns of that community. Nothing in this section shall be construed to prohibit any applicant under this section from carrying out any activity with funds derived from other sources.
(1)In order to carry out the purposes and provisions of thisGrants. section, the Commissioner is authorized to make grants to State educational agencies and to local educational agencies to pay the Federal share of the cost of planning, establishing, expanding, and operating community education programs.
(2)Fifty percent of the funds made available pursuant to clause
(1)of subsection
(i)shall be available for grants to State educational agencies. The remainder of such funds shall be available for grants to local educational agencies.
(3)For the purpose of paragraph
(1)of this subsection, the FederalFederal share. share shall be—
(A)80 per centum of a program to establish a new community education program. 88 Stat. 550
(B)65 per centum of a program to expand or improve a community education program for the first year in which such program is assisted under this section, and 55 per centum in any fiscal year thereafter, and
(C)40 per centum of a program to maintain or carry out a community education program. Application.(4) Any State or local educational agency desiring to receive a grant under this section for any fiscal year shall submit an application to the Commissioner at such time, in such manner, and in such form as the Commissioner shall prescribe by regulation. Each such application shall contain provisions—
(A)assuring that local community colleges, social, recreational, and health groups will be consulted with respect to programs to be offered and facilities to be used for the purpose of this section;
(B)assuring that the applicant will pay from non-Federal sources the remaining costs of carrying out the application; and
(C)containing a description of each community education program for which assistance is sought in sufficient detail to apply the appropriate Federal share specified in clause
(3)of this subsection. The Commissioner shall not approve an application submitted by a local educational agency unless the State educational agency of the State in which that local educational agency is located has been given an opportunity to review, and make comment on, such application.
(e)Training grants. The Commissioner is authorized to make grants to institutions of higher education to develop and establish, or to expand, programs which will train persons to plan and operate community education programs. Information clearinghouse.(f)
(1)The Commissioner shall establish or designate a clearing-house to gather and disseminate information received from community education programs, including but not limited to information regarding new programs, methods to encourage community participation, and ways of coordinating community education programs with other community services. The Commissioner is authorized to contract with public or private agencies or organizations to establish and operate the clearinghouse. Technical assistance.(2) The Commissioner shall make available to each community education program such technical assistance and information as the program may require, and such technical assistance shall be coordinated with the national clearinghouse. Community Education Advisory Council.Establishment; membership.*Post*, p. 75.(g)
(1)There is established, subject to part D of the General Education Provisions Act, in the Office of the Commissioner, a Community Education Advisory Council (referred to in this section as the “Advisory Council”) to be composed of eleven members. The members of the Advisory Council shall be appointed by the Secretary.
(2)A substantial number of the members of the Advisory Council shall be persons experienced in the operation of community education programs and the training of such persons. The Council shall include representatives from various disciplines involved in providing services in community school programs.
(1)The Commissioner shall establish or designate a clearing within three months after enactment of this section.
(4)The Commissioner shall make available to the Advisory Council such staff, information, and other assistance as it may require to carry out its activities.
(5)The Advisory Council shall advise the Commissioner on policy matters relating to the interests of community schools. 88 Stat. 551
(6)In the fiscal year ending June 30, 1975, the Advisory CouncilPolicy guidelines and regulations. shall be responsible for advising the Commissioner regarding the establishment of policy guidelines and regulations for the operation and administration of this section. In addition, the Council shall create a system for evaluation of the programs. The Council shall present toEvaluation, submittal to Congress. Congress a complete and thorough evaluation of the programs and operation of this section for each fiscal year ending after June 30, 1975.
(h)In approving applications under this section the Commissioner shall insure that there is an equitable geographical distribution of community education programs throughout the United States in both urban and rural areas.
(i)The Commissioner is authorized to expend
(1)for the purpose ofAppropriation. subsection (d), $15,000,000 for each fiscal year ending prior to July 1, 1978; and
(2)for the purposes of subsection (e), $2,000,000 for each fiscal year ending prior to July 1, 1978. career education Sec. 406.
(a)It is the sense of Congress that—[20 USC 1865](/us/usc/t20/s1865).
(1)every child should, by the time he has completed secondary school, be prepared for gainful or maximum employment and for full participation in our society according to his or her ability:
(2)it is the obligation of each local educational agency to provide that preparation for all children (including handicapped children and all other children who are educationally disadvantaged) within the school district of such agency; and
(3)each State and local educational agency should carry out a program of career education which provides every child the widest variety of career education options which are designed to prepare each child for maximum employment and participation in our society according to his or her ability.
(b)It is the purpose of this section to assist in achieving the policies set forth in subsection
(a)by—
(1)developing information on the needs for career education for all children;
(2)promoting a national dialogue on career education designed to encourage each State and local educational agency to determine and adopt the approach to career education best suited to the needs of the children served by them;
(3)assessing the status of career education programs and practices, including a reassessment of the stereotyping of career opportunities by race or by sex;
(4)providing for the demonstration of the best of the current career education programs and practices by the development and testing of exemplary programs and practices using various theories, concepts, and approaches with respect to career education;
(5)providing for the training and retraining of persons for conducting career education programs; and
(6)developing State and local plans for implementing career education programs designed to insure that every child has the opportunity to gain the knowledge and skills necessary for gainful or maximum employment and for full participation in our society according to his or her ability.
(1)In order to carry out the policies, purposes, and provisionsOffice of Career Education.Establishment. of this section, there is established in the Office of Education an Office of Career Education (hereafter in this section referred to as the “Office”). The Office shall be headed by a Director.
(2)The Director of the Office shall report directly to the Commissioner. 88 Stat. 552 “Career education.”(d) For the purposes of this section, the term “career education” means an education process designed—
(1)to increase the relationship between schools and society as a whole;
(2)to provide opportunities for counseling, guidance and career development for all children;
(3)to relate the subject matter of the curricula of schools to the needs of persons to function in society;
(4)to extend the concept of the education process beyond the school into the area of employment and the community;
(5)to foster flexibility in attitudes, skills, and knowledge in order to enable persons to cope with accelerating change and obsolescence;
(6)to make education more relevant to employment and functioning in society; and
(7)to eliminate any distinction between education for vocational purposes and general or academic education. Survey and assessment.(e) The Commissioner shall conduct a survey and assessment of the current status of career education programs, projects, curriculums, andReport to Congress. materials in the United States and submit to the Congress, not later than November 1, 1975, a report on such survey and assessment. Such report, shall include recommendations of the Advisory Council created under subsection
(g)for new legislation designed to accomplish the policies and purposes set forth in subsections
(a)and (b). In exercising his authority under clauses (ii)(III) and (ii)(V) of *Post*, p. 569.section 434(b)(1)(A) of the General Education Provisions Act, for any fiscal year, the Commissioner shall require State educational agencies and local educational agencies to report on their efforts to prepare students for gainful or maximum employment. Career education models, grants.(f)
(1)During the period beginning with the enactment of this section and ending June 30, 1978, the Commissioner is authorized to make grants to State and local educational agencies, institutions of higher education, and other nonprofit agencies and organizations to support projects to demonstrate the most effective methods and techniques in career education and to develop exemplary career education models (including models in which handicapped children receive appropriate career education either by participation in regular or modified programs with nonhandicapped children or where necessary in specially designed programs for handicapped children whose handicaps are of such seventy that they cannot benefit from regular or modified programs). Grants made under this subsection shall be consistent with the policies set forth in subsection
(a)of this subsection. Local State educational program plans, grants.(2) During the period beginning one year after the enactment of this section and ending June 30, 1977, the Commissioner is authorized to make grants to State educational agencies to enable them to develop State plans for the development and implementation of career education programs in the local educational agencies of the States. Such plans shall be designed to carry out the policies and purposes set forth in subsections
(a)and (b). National Advisory Council for Career Education.Establishment.*Post*, p. 75.(g)
(1)Subject to part D of the General Education Provisions Act and within ninety days after the enactment of this section, there is established a National Advisory Council for Career Education which shall be composed of—
(A)the Assistant Secretary of Health, Education, and Welfare for Education, the Commissioner of Education, the Director of the Office of Career Education, the Director of the National Institute of Education, the Administrator of the National Center for 88 Stat. 553Education Statistics, the Director of the National Science Foundation, the Chairman of the National Foundation for the Arts, the Chairman of the National Foundation for the Humanities, the Chairman of the National Advisory Council for Vocational Education, all of whom shall serve in a nonvoting ex officio capacity; and
(B)not less than twelve public members broadly representative of the fields of education, the arts, the humanities, the sciences, community services, business and industry, and the general public, a majority of whom shall be engaged in education or education-related professions.
(2)The public members shall be appointed by the Secretary. TheChairman; term. Secretary shall select the Chairman from among the public members. The members shall serve for terms of three years with not more than four seats rotating in any one year. The Commissioner shall provide such staff and funds for the Council as deemed necessary and such staff and funds shall be in addition to those provided elsewhere in this title.
(3)The duties of the Council shall be to advise the CommissionerDuties. on the implementation of this section and carry out such advisory functions as it deems appropriate, including reviewing the operation of this section and all other programs of the Division of Education pertaining to the development and implementation of career education, evaluating their effectiveness in meeting the needs of career education throughout the United States, and in determining the need for further legislative remedy in order that all citizens may benefit from the purposes of career education as prescribed in this section.
(4)The Council with the assistance of the Commissioner shall conductSurvey and assessment. a survey and assessment of the current status of career education programs, projects, curricula, and materials in the United States andReport to Congress. submit to Congress, not later than November 1, 1975, a report on such survey and assessment. Such report shall include recommendations of the Council for new legislation designed to accomplish the policies and purposes set forth in subsections
(a)and (b).
(h)For the purpose of carrying out the provisions of this section,Appropriation. the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978. consumers’ education Sec. 407.
(1)Section 811(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows:[20 USC 887d](/us/usc/t20/s887d). " “Sec. 811.
(1)There shall be within, the Office of Education anOffice of Consumers’ Education.Establishment. Office of Consumers’ Education (hereafter in this section referred to as the ‘Office’) which shall be headed by a Director of Consumers’ Education (hereafter in this section referred to as the ‘Director’) who, subject to the management of the Commissioner, shall have responsibility for carrying out the provisions of this section. “(2) The Director shall be appointed by the Commissioner in accordance with the provisions of title 5 of the United States Code relating[5 USC 101 *et seq*](/us/usc/t5/s101). to appointments to the competitive service.”. "
(2)Such section 811(b) of such Act is amended, in clause
(ii)in the second sentence of paragraph (1)(C), by striking out “paragraph (2)” and inserting in lieu thereof “subparagraph (B)”.
(3)Section 811(d) of such Act is amended to read as follows: " “(d) For the purpose of carrying out this section, the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978.”. "
(b)The amendments made by paragraph
(3)of subsection (a)Effective date.[20 USC 887d note](/us/usc/t20/s887d). shall be effective on and after July 1, 1973. 88 Stat. 554 women’s educational equity Sec. 408. Women’s Educational Equity Act of 1974.[20 USC 1866](/us/usc/t20/s1866).
(a)This section may be cited as the “Women’s Educational Equity Act of 1974.”
(1)The Congress hereby finds and declares that educational programs in the United States (including its possessions), as presently conducted, are frequently inequitable as such programs relate to women and frequently limit the full participation of all individuals in American society.
(2)It is the purpose of this section to provide educational equity for women in the United States. “Council.”(c) As used in this section, the term “Council” means the Advisory Council on Women’s Educational Programs. Grants and contracts.(d)
(1)The Commissioner is authorized to make grants to, and enter into contracts with, public agencies and private nonprofit organizations and with individuals for activities designed to carry out the purposes of this section at all levels of education, including preschool, elementary and secondary education, higher education, and adult education. These activities shall include—
(A)the development, evaluation, and dissemination by the applicant of curricula, textbooks, and other educational materials related to educational equity;
(B)preservice and inservice training for educational personnel including guidance and counseling with special emphasis on programs and activities designed to provide educational equity;
(C)research, development, and educational activities designed to advance educational equity;
(D)guidance and counseling activities, including the development of nondiscriminatory tests, designed to assure educational equity;
(E)educational activities to increase opportunities for adult women, including continuing educational activities and programs for underemployed and unemployed women;
(F)the expansion and improvement of educational programs and activities for women in vocational education, career education, physical education and educational administration. Applications.(2) A grant may be made and a contract may be entered into under this section only upon application to the Commissioner, at such time, in such form, and containing or accompanied by such information as the Commissioner may prescribe. Each such application shall—
(A)provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant;
(B)describe a program for carrying out one of the purposes set forth in subsection
(a)which holds promise of making a substantial contribution toward attaining such purposes; and
(C)set forth policies and procedures which insure adequate evaluation of the activities intended to be carried out under the application.
(3)The Commissioner shall approve applicants and amendments thereto which meet the requirements of paragraph (2). Nondiscrimination.(4) Nothing in this section shall be construed as prohibiting men from participating in any programs or activities assisted under this section. Additional grants.(e) In addition to the authority of the Commissioner under subsection (d), the Commissioner shall carry out a program of small grants, not to exceed $15,000, each, in order to support innovative approaches to achieving the purpose of this section; and for that 88 Stat. 555purpose the Commissioner is authorized to make grants to public and private nonprofit, agencies and to individuals.
(1)There is established in the Office of Education an AdvisoryAdvisory Council on Women’s Educational Programs. Council on Women’s Educational Programs. The Council shall be composed of—
(A)seventeen individuals, some of whom shall be students,Establishment; membership. who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals broadly representative of the general public who, by virtue of their knowledge or experience, are versed in the role and status of women in American society;
(B)the Chairman of the Civil Rights Commission;
(C)the Director of the Women’s Bureau of the Department of Labor; and
(D)the Director of the Women’s Action Program of the Department of Health, Education, and Welfare. The Council shall elect its own Chairman.
(2)The term of office of each member of the Council appointedTerm. under clause
(A)of paragraph
(1)shall be three years, except that—
(A)the members first appointed under such clause shall serve as designated by the President, six for a term of one year, five for a term of two years, and six for a term of three years; and
(B)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.
(3)The Council shall—Duties.
(A)advise the Commissioner with respect to general policy matters relating to the administration of this section;
(B)advise and make recommendations to the Assistant Secretary concerning the improvement of educational equity for women;
(C)make recommendations to the Commissioner with respect to the allocation of any funds pursuant to this section, including criteria developed to insure an appropriate geographical distribution of approved programs and projects throughout the Nation; and
(D)develop criteria for the establishment of program priorities.
(4)From the sums available for the purposes of this section, theSex discrimination in education, review. Commissioner is authorized and directed to conduct a national, comprehensive review of sex discrimination in education, to be submitted to the Council not later’ than a year after the date of enactment of this section. The Council shall review the report of the Commissioner and shall make such recommendations, including recommendations for additional legislation, as it deems advisable.
(5)The provisions of part D of the General Education Provisions Act shall apply with respect to the Council established under this*Post*, p. 575. subsection.
(f)The Commissioner is directed, at the end of each fiscal year, toReport to President, Congress and Council. submit to the President and the Congress and to the Council a report setting forth the programs and activities assisted under this section, and to provide for the distribution of this report to all interested groups and individuals, including the Congress, from funds authorized under this section. After receiving the report from the Commissioner,Program evaluation. the Council shall evaluate the programs and projects assisted under this section and include such evaluation in its annual report.
(h)For the purpose of carrying out this section, the CommissionerAppropriation. is authorized to expend not to exceed $30,000,000 for each fiscal year prior to July 1, 1978. 88 Stat. 556 elementary and secondary school education in the arts Sec. 409. [20 USC 1867](/us/usc/t20/s1867). The Commissioner shall, during the period beginning after June 30, 1974 and ending on June 30, 1978, through arrangements made with the John F. Kennedy Center for the Performing Arts, carry out a program of grants and contracts to encourage and assist State and local educational agencies to establish and conduct programs in which the arts are an integral part of elementary and secondary school programs. Not less than $750,000 shall be available for the purposes of this section during any fiscal year during the period for which provision is made in the preceding sentence. effective date Sec. 410. [20 USC 1801 note](/us/usc/t20/s1801). Except where otherwise specified in this title, the amendments made by, and the provisions of, this title shall be effective on and after the date of enactment of this Act. TITLE V— EDUCATION ADMINISTRATION national center for education statistics Sec. 501.
(a)Part A of the General Education Provisions Act is amended by adding at the end thereof the following new section: " “national center for education statistics “Sec. 406. Establishment.[20 USC 1221e–1](/us/usc/t20/s1221e–1).
(a)There is established, within the Office of the Assistant Secretary, a National Center for Education Statistics (hereafter in this section referred to as the ‘Center’). The Center shall be headed by an Administrator who shall be appointed by the Assistant Secretary in [5 USC 101 *et seq*](/us/usc/t5/s101).accordance with the provisions of title 5, United States Code, relating to appointments in the competitive service. “(1) collect, collate, and, from time to time, report full and complete statistics on the conditions of education in the United States; “(2) conduct and publish reports on specialized analyses of the meaning and significance of such statistics; “(3) assist State and local educational agencies in improving and automating their statistical and data collection activities; and “(4) review and report on educational activities in foreign countries. Functions.“(b) The purpose of the Center shall be to collect and disseminate statistics and other data related to education in the United States and in other nations. The Center shall— Advisory Council on Education Statistics.Establishment; membership.“(c)
(1)There shall be an Advisory Council on Education Statistics which shall be composed of 7 members appointed by the Secretary and such ex officio members as are listed in subparagraph (2). Not more than 4 of the appointed members of the Council may be members of the same political party. “(2) The ex officio members of the Council shall be— “(A) the Commissioner of Education, “(B) the Director of the National Institute of Education, “(C) the Director of the Census, and “(D) the Commissioner of Labor Statistics. Terms.“(3) Appointed members of the Council shall serve for terms of 3 years, as determined by the Secretary, except that in the case of initially appointed members of the Council, they shall serve for shorter terms to the extent necessary that the terms of office of not more than 3 members expire in the same calendar year. 88 Stat. 557 “(4) The Assistant Secretary shall serve as the non-voting presiding officer of the Council. “(5)
(A)The Council shall meet at the call of the presiding officer, except that it shall meet— “(i) at least four times during each calendar year; and “(ii) in addition, whenever three voting members request in writing that the presiding officer call a meeting. “(B) Six members of the Council shall constitute a quorum of the Council. “(6) The provisions of section 448(b) of part D of this title shall[84 Stat. 172](/us/stat/84/172); [86 Stat. 326](/us/stat/86/326).[20 USC 1233g](/us/usc/t20/s1233g). not apply to the Council established under this subsection. “(7) The Council shall review general policies for the operation of the Center and shall be responsible for establishing standards to insure that statistics and analyses disseminated by the Center are of high quality and are not subject to political influence. “(d)
(1)The Assistant Secretary shall, not later than March 1 ofReport to Congress. each year, submit to the Congress an annual report which— “(A) contains a description of the activities of the Center during the then current fiscal year and a projection of its activities during the succeeding fiscal year; “(B) sets forth estimates of the cost of the projected activities for such succeeding fiscal year; and “(C) includes a statistical report on the condition of education in the United States during the two preceding fiscal years and a projection, for the three succeeding fiscal years, of estimated statistics related to education in the United States. “(2) The Center shall develop and enforce standards designed toData publication standards. protect the confidentiality of persons in the collection, reporting, and publication of data under this section. This subparagraph shall not be construed to protect the confidentiality of information about institutions, organizations, and agencies receiving grants from or having contracts with the Federal Government. “(e) In order to carry out the objectives of the Center, the AssistantGrants. Secretary is authorized, either directly or by grant or contract, to carry out the purposes set forth in subsection (b), and for that purpose the Assistant Secretary is authorized to make grants to, and contracts with public and private institutions, agencies, organizations and individuals. “(f)
(A)The Center is authorized to furnish transcripts orSpecial statistical compilations and surveys, submittal to congressional committees. copies of tables and other statistical records of the Office of Education, the Assistant Secretary, and the National Institute of Education to, and to make special statistical compilations and surveys for, State or local officials, public and private organizations, or individuals. The Center shall furnish such special statistical compilations and surveys as the Committees on Labor and Public Welfare and on Appropriations of the Senate and the Committees on Education and Labor and on Appropriations of the House of Representatives may request. Such statistical compilations and surveys, other than those carried out pursuant to the preceding sentence, shall be made subject to the payment of the actual or estimated cost of such work. In the case of nonprofit organizations or agencies, the Assistant Secretary may engage in joint statistical projects, the cost of which shall be shared equitably as determined by the Assistant Secretary; *Provided*, That the purposes of such projects are otherwise authorized by law. “(B) All funds received in payment for work or services enumerated under subparagraph
(A)shall be deposited in a separate account which may be used to pay directly the costs of such work or services, to repay 88 Stat. 558appropriations which initially bore all or part of such costs, or to refund excess sums when necessary. Educational data consortium with other Federal agencies.“(2)
(A)The Center shall participate with other Federal agencies having a need for educational data in forming a consortium for the purpose of providing direct joint access with such agencies to all educational data received by the Center through automated data processing. The Library of Congress, General Accounting Office, and the Committees on Labor and Public Welfare and Appropriations of the Senate and the Committees on Education and Labor and Appropriations of the House of Representatives shall, for the purposes of this subparagraph, be considered Federal agencies. “(B) The Center shall, in accordance with regulations published for the purpose of this paragraph, provide all interested parties, including public and private agencies and individuals, direct access to data collected by the Center for purposes of research and acquiring statistical information. “(3) The Commissioner and the National Institute of Education are directed to cooperate with the Center and make such records and data available to the Center as may be necessary to enable the Center to carry out its functions under this subsection. Funds, limitation.“(g)
(1)The amount available for salaries and expenses of the Center snail not exceed $5,000,000 for the fiscal year ending June 30, 1975, $10,000,000 for the fiscal year ending June 30, 1976, and $14,000,000 for the fiscal year ending June 30, 1977. “(2) The amount available for grants and contracts by the Assistant Secretary under subsection
(e)shall not exceed $20,000,000 for the fiscal year ending June 30, 1975, $25,000,000 for the fiscal year ending June 30, 1976, and $30,000,300 for the fiscal year ending June 30, 1977. “(3) Sums appropriated for activities and expenses of the Center which are not limited by paragraph
(2)of this subsection shall be appropriated apart from appropriations which are so limited, as separate line items.”. " Effective date.[20 USC 1221e–1 note](/us/usc/t20/s1221e–1).[84 Stat. 168](/us/stat/84/168); [86 Stat. 326](/us/stat/86/326).[20 USC 1231f](/us/usc/t20/s1231f).(b)
(1)The amendments made by subsection
(a)shall be effective on the tenth day after the date of enactment of this Act.
(2)Section 427 of such Act is amended to read as follows: " “authorization to furnish information “Sec. 427. Transfer of records. The Commissioner is authorized to transfer transcripts or copies of other records of the Office of Education to State and local officials, public and private organizations, and individuals.”. " [20 USC 1221e–1 note](/us/usc/t20/s1221e–1).(3)
(A)All functions and authority vested in the Commissioner of Education which, immediately prior to the date upon which the amendments made by subsection
(a)become effective, are related to the collection, analysis, and dissemination of statistics about, and reports on the condition of, education in the Nation as determined by the Assistant Secretary are transferred, on such date to the National Center for Education Statistics established under section 406 *Ante*, p. 556.of the General Education Provisions Act. [20 USC 1231f note](/us/usc/t20/s1231f).*Supra*.(B) The functions and authority of the Commissioner of Education under section 427 relating to statistics prior to the date upon which the amendments made by subsection
(a)become effective, together with all funds deposited in any account under such section, are transferred, on such date to the National Center for Education Statistics. Survey.[20 USC 880b–10 note](/us/usc/t20/s880b–10).*Ante*, p. 509.
(4)The National Center for Education Statistics shall conduct the survey required by section 731(c)(1)(A) of title VII of the Elementary and Secondary Education Act of 1965. 88 Stat. 559 general provisions relating to officers in the education division Sec. 502.
(1)The General Education Provisions Act is amended by adding after section 406 the following new sections:*Ante*, p. 556. " “rules for education officers of the united states “Sec. 407.
(a)For the purposes of this section, the term ‘education“Education officer of the United States.”[20 USC 221e–2](/us/usc/t20/s1221e–2). officer of the United States’ means any person appointed by the President pursuant to this part, except members of commissions, councils, and boards. “(b) Each education officer of the United States shall serve at the pleasure of the President. “(c) No education officer of the United States shall engage inConflict-of-interest. any other business, vocation, or employment while serving in the position to which he is appointed; nor may he, except with the express approval of the President in writing, hold any office in, or act in any capacity for, or have any financial interest in, any organization, agency, or institution to which an agency in the Education Division makes a grant or with which any such agency makes a contract or any other financial arrangement. “(d) No person shall hold, or act for, more than one position as an education officer of the United States for more than a 30 day period. “general authority of administrative heads of education agencies “Sec. 408.
(a)Each administrative head of an education agency, in[20 USC 1221e–3](/us/usc/t20/s1221e–3). order to carry out functions otherwise vested in him by law, is, subject to limitations as may be otherwise imposed by law, authorized— “(1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of operation of the agency of which he is head; “(2) in accordance with those provisions of title 5, United States Code, relating to the appointment and compensation of[5 USC 101 *et seq*](/us/usc/t5/s101). personnel and subject to such limitations as are imposed in this part, to appoint and compensate such personnel as may be necessary to enable such agency to carry out its functions; “(3) to accept unconditional gifts or donations of services, money, or property (real, personal, or mixed; tangible or intangible); “(4) without regard for section 3648 of the Revised Statutes of the United States (31 U.S.C. 529), to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary for the conduct of such agency; “(5) with funds expressly appropriated for such purpose, to construct such facilities as may be necessary to carry out functions vested in him or in the agency of which he is head, and to acquire and dispose of property; and “(6) to use the services of other Federal agencies and reimburse such agencies for such services. “(b) Any administrative head of an education agency is, subject toDelegation of functions. any other limitations on delegations of authority provided by law, authorized to delegate any of his functions under this section to an officer or employee of that agency. “(c) For the purposes of this section, the term ‘administrative head“Administrative head of an education agency.” of an education agency’ means the Commissioner and the Director of the National Institute of Education. To the extent that the Assistant 88 Stat. 560Secretary is directly responsible for the administration of a program and to the extent that the Assistant Secretary is responsible for the supervision of the National Center for Education Statistics, the Assistant Secretary shall, for such purposes, be considered within the meaning of such term.”. "
(2)The General Education Provisions Act is amended— [20 USC 1221b](/us/usc/t20/s1221b).(A) in section 402(b), by striking out the second sentence thereof: [20 USC 1221e](/us/usc/t20/s1221e).(B) in section 405—
(I)by striking out that part of the first sentence of subsection (d)(1) which follows “Senate” and inserting in lieu thereof a period, and
(II)by striking out subsection (f). Effective date.[20 USC 1221e–2 note](/us/usc/t20/s1221e–2).(b) The amendments made by this section shall be effective on the tenth day after the date of enactment of this Act. amendment with respect to the office of education; regional offices Sec. 503. [20 USC 1221c](/us/usc/t20/s1221c).
(a)Section 403 of such Act is amended to read as follows: " “the office of education “Sec. 403.
(a)There shall be an Office of Education (hereinafter in this section referred to as the ‘Office’) which shall be the primary agency of the Federal Government responsible for the administration of programs of financial assistance to educational agencies, institutions, and organizations. The Office shall have such responsibilities and authorities as may be vested in the Commissioner by law or delegated to the Commissioner in accordance with law. “(b) The Office shall be headed by the Commissioner of Education who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be subject to the direction and supervision of the Secretary. “(c)
(1)The Office shall, consistent with such organization thereof which is provided by law, be divided into bureaus, and such bureaus shall be divided into divisions as the Commissioner determines appropriate. “(2)
(A)There shall be regional offices of the Office established in such places as the Commissioner, after consultation with the Assistant Secretary, shall determine. Such regional offices shall carry out such functions as are specified in subparagraph (B). “(B) The regional offices shall serve as centers for the dissemination of information about the activities of the agencies in the Education Division and provide technical assistance to State and local educational agencies, institutions of higher education, and other educational agencies, institutions, and organizations and to individuals and other groups having an interest in Federal education activities. “(C) The Commissioner shall not delegate to any employee in any regional office any function which was not carried out, in accordance with regulations effective prior to June 1, 1973, by employees in such offices unless the delegation of such function to employees in regional offices is expressly authorized by law enacted after the enactment of the Education Amendments of 1974. Report to congressional committees.“(3) The Commissioner shall submit to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives not later than November 1 of each year a report on the personnel needs and assignments of the Office. 88 Stat. 561Such report shall include a description
(A)of the manner in which the Office is organized and the personnel of the Office are assigned to the various functions of that agency and
(B)of personnel needs of that agency in order to enable it to carry out its functions, as authorized by law.”. "
(b)The provisions of the amendments made by subsection
(a)shallEffective date.[20 USC 1221c note](/us/usc/t20/s1221c). be effective on the tenth day after the date of enactment of this Act, except that the provisions of limitation set forth in section 403(c)(2)(C) of the General Education Provisions Act shall have effect on the*Ante*, p. 560. date of such enactment, and shall be retroactive to June 1, 1973. amendments with respect to the education division Sec. 504.
(a)Section 401 of the General Education Provisions Act is[20 USC 1221a](/us/usc/t20/s1221a). amended to read as follows: " “the education division “Sec. 401.
(a)There shall be, within the Department of Health, Education, and Welfare, an Education Division, composed of the agencies listed in subsection (b), which shall be headed by the Assistant Secretary. “(b)
(1)The Education Division shall be composed of the following agencies: “(A) The Office of Education; and “(B) The National Institute of Education. “(2) In the Office of the Assistant Secretary there shall be a National Center for Education Statistics.”. "
(b)The amendment made by subsection
(a)shall be effective onEffective date.[20 USC 1221a note](/us/usc/t20/s1221a). the tenth day after the date of enactment of this Act. amendments with respect to applicability, authorization of appropriations, and other general matters Sec. 505.
(1)Section 400 of the General Education Provisions Act is amended to read as follows:[20 USC 1221](/us/usc/t20/s1221). " “short title; applicability; definitions; appropriations “Sec. 400.
(a)This title may be cited as the ‘General Education Provisions Act’. “(b) Except where, otherwise specified, the provisions of this title shall apply to any program for which an administrative head of an education agency has administrative responsibility as provided by law or by delegation of authority pursuant to law. “(c)
(1)For the purposes of this title, the term— “(A) ‘applicable program’ means any program to which this title is, under the terms of subsection (b), applicable; “(B) ‘applicable statute’ means— “(i) the Act or the title, part or section of an Act, as the case may be, which authorizes the appropriation for an applicable program; “(ii) this title; and “(iii) any other statute which under its terms expressly controls the administration of an applicable program; “(C) ‘Assistant Secretary’ means the Assistant Secretary of Health, Education, and Welfare for Education; “(D) ‘Commissioner’ means the Commissioner of Education; 88 Stat. 562 “(E) ‘Director’ means the Director of the National Institute of Education; and “(F) ‘Secretary’ means the Secretary of Health, Education, and Welfare. “(2) Nothing in this title shall be construed to affect the applicability [42 USC 2000a note](/us/usc/t42/s2000a).of the Civil Rights Act of 1964 to any program subject to the provisions of this title. “(3) No Act making appropriations to carry out an applicable program shall be considered an applicable statute. Appropriations.“(d) Except as otherwise limited in this title, there are authorized to be appropriated for any fiscal year such sums as may be necessary to carry out the provisions of this title. Limitations.“(e)
(1)The aggregate of the appropriations to the agencies in the Education Division and to the Office of the Assistant Secretary for any fiscal year shall not exceed the limitations set forth for that fiscal year in subparagraph (2). “(2)
(A)Except as is provided in subparagraph (B), the appropriations to which paragraph
(1)applies— “(i) shall not exceed $7,500,000,000 for the fiscal year ending June 30, 1975, $8,000,000,000 for the fiscal year ending June 30, 1976, and $9,000,000,000 for the fiscal year ending June 30, 1977; and “(ii) shall not exceed such amounts as may be authorized by the law and limited by this subparagraph. “(B) The limitations set forth in subparagraph
(A)shall not apply— “(i) to uncontrollable expenditures under obligations created [20 USC 1071](/us/usc/t20/s1071).[20 USC 1132c, 1132d](/us/usc/t20/s1132c/s1132d).[20 USC 1078a note](/us/usc/t20/s1078a).under part B of title IV or the Higher Education Act of 1965, farts C and D of title VII of such Act, and the Emergency Insured Student Loan Act of 1969; and “(ii) to any other expenditure under an obligation determined by the Commissioner pursuant to, or in accordance with, law to be an uncontrollable expenditure of the Office of Education.” " [20 USC 1221g](/us/usc/t20/s1221g).(2) Section 442(d) of the Education Amendments of 1972 is amended by striking out “400(c)” and inserting in lieu thereof “400(d)”. Effective date.[20 USC 1221 note](/us/usc/t20/s1221).(b) The amendments made by subsection
(a)shall be effective on the tenth day after the date of enactment of this Act. revision of appropriations and evaluations provisions Sec. 506. [20 USC 1221](/us/usc/t20/s1221).
(1)Part B of the General Education Provisions Act is amended—
(A)by inserting immediately after the heading thereof the following: " “Subpart I— Appropriations” "
(B)[20 USC 1222, 1224](/us/usc/t20/s1222/s1224).[20 USC 1223](/us/usc/t20/s1223).[20 USC 1225](/us/usc/t20/s1225). by striking out section 411 and section 413;
(C)by redesignating section 412 as 411;
(D)by redesignating section 414 as section 412; and
(E)by striking out subsection
(b)of such section 412, as redesignated by this paragraph, and adding in lieu thereof the following new subsections: " “(b) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this title is applicable during any fiscal year, ending prior to July 1, 1978, which are not obligated and expended by educational agencies or institutions prior to the beginning of the fiscal year succeeding the fiscal year for 88 Stat. 563which such funds were appropriated shall remain available for obligation and expenditure by such agencies and institutions during such succeeding fiscal year. “(c) if any funds appropriated to carry out any applicable program are not obligated pursuant to a spending plan submitted in accordance with section 3679 (d)(2) of the Revised Statutes and become[31 USC 665](/us/usc/t31/s665). available for obligation after the institution of a judicial proceeding seeking the release of such funds, then such funds shall be available for obligation and expenditure until the end of the fiscal year which begins after the termination of such judicial proceeding.”. "
(2)Part B of such Act is further amended—*Ante*, p. 562.[20 USC 1226](/us/usc/t20/s1226).
(A)by redesignating section 415 as 413; and
(B)by adding immediately after section 413, as redesignated by this paragraph, the following new section: " “contingent extension of programs “Sec. 414.
(a)Unless the Congress in the regular session which ends[20 USC 1226a](/us/usc/t20/s1226a). prior to the beginning of the terminal fiscal year— “(1) of the authorization of appropriations for an applicable program; or “(2) of the duration of an applicable program; either— “(A) has passed or has formally rejected legislation which would have the effect of extending the authorization or duration (as the case may be) of that program; or “(B) by action of either the House of Representatives or the Senate, approves a resolution stating that the provisions of this section shall no longer apply to such program; such authorization or duration is hereby automatically extended for one additional fiscal year. The amount appropriated for such additional year shall not exceed the amount which the Congress could, under the terms of the law for which the appropriation is made, have appropriated for such program during such terminal year. “(b)
(1)For the purposes of clause
(A)of subsection (a), the Congress shall not have been deemed to have passed legislation unless such legislation becomes law. “(2) In any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain determinations which are necessary for the continuation of an applicable program, if such acts or determinations are required during the terminal year of such program, such acts and determinations shall be required during any fiscal year in which that part of subsection
(a)which follows clause
(B)thereof is in operation.”. "
(3)Part B of such Act is further amended—
(A)by redesignating section 417 as section 419,[20 USC 1227](/us/usc/t20/s1227).
(B)by striking out “section 400(c)” in such section 419, as redesignated by this paragraph, and inserting in lieu thereof “section 400(d)”, and
(C)by adding immediately after section 414, as added by paragraph*Supra*.
(2)of this subsection, the following: " “Subpart 2— Planning and Evaluation of Federal Education Activities “program planning and evaluation “Sec. 416. Sums appropriated pursuant to section 400(d) may[20 USC 1226b](/us/usc/t20/s1226b).*Ante*, p. 561. include for any fiscal year for which appropriations are otherwise 88 Stat. 564authorized under any applicable program not to exceed $25,000,000 which shall be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, contracts, or other payments, for
(1)planning for the succeeding year for any such program, and
(2)evaluation of such programs. “annual evaluation reports “Sec. 417. Transmittal to congressional committees.[20 USC 1226c](/us/usc/t20/s1226c).
(1)Not later than November 1 of each year, the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate an annual evaluation report which evaluates the effectiveness of applicable programs in achieving their legislated purposes together with recommendations relating to such programs for the improvement of such programs which will result in greater effectiveness in achieving such purposes. In the case of any evaluation report evaluating specific programs and projects, such report shall— “(A) set forth goals and specific objectives in qualitative and quantitative terms for all programs and projects assisted under the applicable program concerned and relate those goals and objectives to the purposes of such program; “(B) contain information on the progress being made during the previous fiscal year toward the achievement of such goals and objectives; “(C) describe the cost and benefits of the applicable program being evaluated during the previous fiscal year and identify which sectors of the public receive the benefits of such program and bear the costs of such program; “(D) contain plans for implementing corrective action and recommendations for new or amended legislation where warranted; “(E) contain a listing identifying the principal analyses and studies supporting the major conclusions and recommendations in the report; and “(F) be prepared in concise summary form with necessary detailed data and appendices. “(2) In the case of programs and projects assisted under title I of *Ante*, p. 488.the Elementary and Secondary Education Act of 1965, the report under this subsection shall include a survey of how many of the children *Ante*, p. 490.counted under section 103(c) of such Act participate in such programs and projects, and how many of such children do not, and a survey of how many educationally disadvantaged children participate in such programs and projects, and how many educationally disadvantaged “ Educationally disadvantaged children.”children do not. For purposes of the preceding sentence, the term ‘educationally disadvantaged children’ refers to children who are achieving one or more years behind the achievement expected at the appropriate grade level for such children. “(b) Each evaluation report submitted pursuant to subsection
(a)shall contain:
(1)a brief description of each contract or grant for evaluation of any program (whether or not such contract or grant was made under section 416) any part of the performance of which occurred during the preceding year,
(2)the name of the firm or individual who is to carry out the evaluation, and
(3)the amount to be paid under the contract or grant. “renewal evaluation reports “Sec. 418. [20 USC 1226d](/us/usc/t20/s1226d).
(a)In the case of any applicable program for which— “(1) the authorization of appropriations expires; or 88 Stat. 565 “(2) the time during which payments or grants are to be made expires; not later than one year prior to the date of such expiration, the Assistant Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a comprehensive evaluation report on such program. “(b) Any comprehensive evaluation report submitted pursuant to subsection
(a)shall contain— “(1) a history of the program concerned, including— “(A) a history of authorizations of appropriations, budget requests, appropriations, and expenditures for such programs; “(B) a history of legislative recommendations with respect to such program made by the President and the disposition of such recommendations, and “(C) a history of legislative changes made in applicable statutes with respect to such program; “(2) assuming a continuation of such program, recommendations for improvements (including legislative changes and funding levels) in such program with a view toward achieving the legislative purposes of such program; “(3) a compilation and summary of all evaluations of such program; and “(4) a recommendation with respect to whether such program should be continued, and the date of its expiration, and the reasons for such recommendation.”. "
(b)The amendments made by subsection
(a)of this section shallEffective date.[20 USC 1223 note](/us/usc/t20/s1223). become effective on the date of enactment of this Act. applicability of part c Sec. 507.
(a)Section 421 of the General Education Provisions Act,[20 USC 1231](/us/usc/t20/s1231). and all references thereto, is redesignated as section 421 A; and such Act is amended by inserting after the heading of part C of such Act the following new section: " “applicability “Sec. 421. The provisions of this part shall apply to any program for[20 USC 1230](/us/usc/t20/s1230). which the Commissioner has administrative responsibility, as specified by law or by delegation of authority pursuant to law.”. "
(b)The amendment made by subsection
(a)shall be effective onEffective date.[20 USC 1230 note](/us/usc/t20/s1230). and after July 1, 1974. publication op indexed compilation of innovative projects; review of applications Sec. 508.
(a)Part C of the General Education Provisions Act is amended by redesignating sections 424 through 427 as sections 426[20 USC 123lc, 12314, 1231e, 1231f](/us/usc/t20/s123lc/s12314/s1231e/s1231f). through 429, respectively, and by inserting after section 423 the following new sections: " “compilation of assisted innovative projects “Sec. 424. The Assistant Secretary shall publish annually a compilation[20 USC 1231b–1](/us/usc/t20/s1231b–1). of all innovative projects assisted under programs administered in the Education Division, including title III and part C of title IV of the Elementary and Secondary Education Act of 1965, in any[20 USC 841](/us/usc/t20/s841).*Ante*, p. 543. 88 Stat. 566year funds are used to carry out such programs. Such compilation shall be indexed according to subject, descriptive terms, and locations. “review of applications “Sec. 425. [20 USC 1231b–2](/us/usc/t20/s1231b–2).
(a)In the case of any applicable program under which financial assistance is provided to (or through) a State educational agency to be expended in accordance with a State plan approved by the Commissioner, and in the case of the program provided for in title I [20 USC 236](/us/usc/t20/s236).of the Elementary and Secondary Education Act of 1965, any applicant or recipient aggrieved by the final action of the State educational agency, and alleging a violation of State or Federal law, rules, regulations, or guidelines governing the applicable program, in
(1)disapproving or failing to approve its application or program in whole or part,
(2)failing to provide funds in amounts in accord with the requirements of laws and regulations, or
(3)terminating further assistance for an approved program, may within thirty days request a hearing. Within thirty days after it receives such a request, the State educational agency shall hold a hearing on the record and shall review such final action. No later than ten days after the hearing the State educational agency shall issue its written ruling, including reasons therefor. If it determines such final action was contrary to Federal or State law, or the rules, regulations, and guidelines, governing such applicable program it shall rescind such final act ion. Approval.“(b) Any applicant or recipient aggrieved by the failure of a State educational agency to rescind its final action after a review under such subsection
(a)may appeal such action to the Commissioner. An appeal under this subsection may be taken only if notice of such appeal is filed with the Commissioner within twenty days after the applicant or recipient has been notified by the State educational agency of the results of its review under subsection (a). If, on such appeal, the Commissioner determines the final action of the State educational agency was contrary to Federal law, or the rules, regulations, and guidelines governing the applicable program, he shall issue an order to the State educational agency prescribing appropriate action to be taken by such agency. On such appeal, findings of fact of the State educational agency, if supported by substantial evidence, shall be final. The Commissioner may also issue such interim orders to State educational agencies as he may deem necessary and appropriate pending appeal or review. Records, availability.“(c) Each State educational agency shall make available at reasonable times and places to each applicant or recipient under a program to which this section applies all records of such agency pertaining to any review or appeal such applicant or recipient is conducting under this section, including records of other applicants. Noncompliance.“(d) If any State educational agency fails or refuses to comply with any provision of this section, or with any order of the Commissioner under subsection (b), the Commissioner shall forthwith terminate all assistance to the State educational agency under the applicable program affected.”. " Effective date.[20 USC 1231b–1 note](/us/usc/t20/s1231b–1).(b) The amendments made by subsection
(a)shall be effective on the date of enactment of this Act. amendments to section 431 of the general education provisions act relating to rules, regulations, and other requirements of general applicability Sec. 509.
(1)Section 431
(b)of the General Education Provisions [20 USC 1232](/us/usc/t20/s1232).Act is amended by inserting “(1)” after “(b)” and by adding at the end thereof the following: " 88 Stat. 567 “(2)
(A)During the thirty-day period prior to the date upon which such standard, rule, regulation, or general requirement is to be effective, the Commissioner shall, in accordance with the provisions of section 553 of title 5, United States Code, offer any interested party an opportunity to make comment upon, and take exception to, such standard, rule, regulation, or general requirement and shall reconsider any such standard, rule, regulation, or general requirement upon which comment is made or to which exception is taken. “(B) If the Commissioner determines that the thirty-day requirement in paragraph
(1)will cause undue delay in the implementation of a regulation, thereby causing extreme hardship for the intended beneficiaries of an applicable program, he shall notify the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate. If neither committeeWaiver. disagrees with the determination of the Commissioner within 10 days after such notice, the Commissioner may waive such requirement with respect to such regulation.”. "
(2)Section 431 of such Act is amended by adding at the end thereof*Ante*, p. 566. the following new subsections: " “(d)
(1)Concurrently with the publication in the Federal RegisterTransmittal to Speaker of the House and President of the Senate. of any standard, rule, regulation, or requirement of general applicability as required in subsection
(b)of this section, such standard, rule, regulation, or requirement shall be transmitted to the Speaker of the House of Representatives and the President of the Senate. Such standard, rule, regulation, or requirement shall become effectiveEffective date. not less than forty-five days after such transmission unless the Congress shall, by concurrent resolution, find that the standard, rule, regulation, or requirement is inconsistent with the Act from which it derives its authority, and disapprove such standard, rule, regulation, or requirement. “(2) The forty-five-day period specified in paragraph
(1)shall be deemed to run without interruption except during periods when either House is in adjournment sine die, in adjournment subject to the call of the Chair, or in adjournment to a day certain for a period of more than four consecutive days. In any such period of adjournment, the forty-five days shall continue to run, but if such period of adjournment is thirty calendar days, or less, the forty-five-day period shall not be deemed to have elapsed earlier than ten days after the end of such adjournment. In any period of adjournment which lasts more than thirty days, the forty-five-day period shall be deemed to have elapsed after thirty calendar days has elapsed, unless, during those thirty calendar days, either the Committee on Education and Labor of the House of Representatives, or the Committee on Labor and Public Welfare of the Senate, or both, shall have directed its chairman, in accordance with said committee’s rules, and the rules of that House, to transmit to the appropriate department or agency head a formal statement of objection to the proposed standard, rule, regulation, or requirement. Such letter shall suspend the effective date of the standard, rule, regulation, or requirement until not less than twenty days after the end of such adjournment, during which the Congress may enact the concurrent resolution provided for in this subsection. In no event shall the standard, ride, regulation, or requirement go into effect until the forty-five-day period shall have elapsed, as provided for in this subsection, for both Houses of the Congress. “(e) Whenever a concurrent resolution of disapproval is enacted by the Congress under the provisions of this section, the agency which issued such standard, rule, regulation, or requirement may thereafter issue a modified standard, rule, regulation, or requirement to 88 Stat. 568govern the same or substantially identical circumstances, but shall, in publishing such modification in the Federal Register and submitting it to the Speaker of the House of Representatives and the President of the Senate, indicate how the modification differs from the proposed standard, rule, regulation, or requirement of general applicability earlier disapproved, and how the agency believes the modification disposes of the findings by the Congress in the concurrent resolution of disapproval. “(f) For the purposes of subsections
(d)and
(e)of this section, [20 USC 1221d, 1221e](/us/usc/t20/s1221d/s1221e).*Ante*, p. 556.[20 USC 1681](/us/usc/t20/s1681).activities under sections 104, 405, and 406 of this title, and under title IX of the Education Amendments of 1972 shall be deemed to be applicable programs. Schedule, submittal to congressional committees.“(g) Not later than sixty days after the enactment of any part of any Act affecting the administration of any applicable program, the Commissioner shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a schedule in accordance with which the Commissioner has planned to promulgate rules, regulations, and guidelines implementing such Act or part of such Act. Such schedule shall provide that all such rules, regulations, and guidelines shall be promulgated within one hundred and eighty days after the submission of such schedule. Except as is provided in the following sentence, all such rules, regulations, and guidelines shall be promulgated in accordance with such schedule. If the Commissioner finds that, due to circumstances unforseen at the time of the submission of any such schedule, he cannot comply with a schedule submitted pursuant to this subsection, he shall notify such committees of such finding and submit a new schedule. If both such committees notify the Commissioner of their approval of such new schedule, such rules, regulations, and guidelines shall be promulgated in accordance with such new schedule.”. " Effective date.[20 USC 1232 note](/us/usc/t20/s1232).(b) The amendment made by paragraph
(2)of subsection
(a)shall be effective on the date of enactment of this Act and shall be effective with respect to the provisions of this Act. audits and recordkeeping Sec. 510. [84 Stat. 169](/us/stat/84/169); [86 Stat. 326](/us/stat/86/326).[20 USC 1232c](/us/usc/t20/s1232c). Section 434(a) of the General Education Provisions Act is amended to read as follows: " “Sec. 434.
(1)Each recipient of Federal funds under any applicable program through any grant, subgrant, contract, subcontract, loan, or other arrangement entered into (other than by formal advertising) shall keep such records as the Assistant Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such funds are given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. “(2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of five years after the completion of the project or undertaking to which reference is made in paragraph (1), have access, for the purpose of audit and examination, to any books, documents, papers, and records of such recipients which, in the opinion of the Comptroller General, after consultation with the Assistant Secretary, may be related, or pertinent to, the grants, subgrants, contracts, subcontracts, loans, or other arrangements to which reference is made in paragraph (1).”. " 88 Stat. 569 simplified state application Sec. 511.
(a)Section 434 of the General Education Provisions Act[20 USC 1232c](/us/usc/t20/s1232c). is amended by striking out subsection
(b)thereof and inserting in lieu thereof the following: " “(b)
(A)In the case of any State which applies, contracts, or submits a plan, for participation in any applicable program in which Federal funds are made available for assistance, to local educational agencies through, or under the supervision of the State educational agency of that State, such State shall submit to, and maintain on file with, the Commissioner a general application meeting the requirements of this subsection. Such general application shall
(i)provide for the submission by the State and approval by the Commissioner of an annual program plan with respect to the particular programs in which the State desires to participate and
(ii)provide assurances— “(I) that the State will, through its State educational agency, provide for such methods of administration as are necessary for the proper and efficient administration of the programs to which the general application applies; “(II) that the State will make provision 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 St ates under any applicable program; “(III) that the State will make provision for making such reports as the Commissioner may require to carry out his functions; “(IV) that the State will follow such policies and use such methods and practices of administration as will insure that non-Federal funds will not be supplanted by Federal funds; and “(V) that the State will submit to, and have approved by, the Commissioner an annual program plan in accordance with subparagraph (B). “(B) The annual program plan submitted by any State for any fiscalAnnual program plan. year with respect to any program to which this paragraph applies shall— “(i) be prepared and administered in a manner consistent with specific State plan requirements of the appropriate applicable statutes affecting the program for which the annual program plan is applicable; “(ii) set forth a statement describing the purposes for which Federal funds will be expended during the fiscal year for which the annual program plan is submitted; and “(iii) comply in all other respects with the specific requirements of the appropriate applicable statutes. “(2) In accordance with determinations and regulations of the Commissioner, the requirements of paragraph
(1)shall be in lieu of comparable requirements for State plans tn applicable statutes authorizing appropriations for programs to which paragraph
(1)applies, “(3) In the case of any application for assistance under any applicable program to which paragraph
(1)does not apply and with respect to which the Commissioner determines that this section would simplify the administration of an applicable program, each such application shall be submitted to the Commissioner at such time, in such manner, and containing such information as the Commissioner shall prescribe by regulation and, as a precondition for approval, shall— “(A) provide for such methods of administration as are necessary for the proper and efficient administration of the program or project for which application is made; 88 Stat. 570 “(B) make provision 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 the application; and “(C) provide for making such reports as the Commissioner may require to carry out his functions. Noncompliance.“(c) Whenever the Commissioner, after reasonable notice and an opportunity for hearing, finds that there has been a failure, by any recipient of funds under any applicable program, to comply substantially with the terms to which such recipient has agreed in order to receive such funds, the Commissioner shall notify such recipient that further payments will not be made to such recipient under that program until he is satisfied that such recipient no longer fails to comply with such terms. Until the Commissioner is so satisfied, no further payments shall be made to such recipient. Pending the outcome of any termination proceeding initiated under this paragraph, the Commissioner may suspend payments to such recipient, after such recipient has been given reasonable notice and opportunity to show cause why such action should not be taken. Judicial review.“(d)
(1)If any State has submitted an application for funds under any applicable program under which appropriations for such program are, by the applicable statute, allotted or apportioned among the States or under which the State (or local educational agencies in that State) is entitled to a portion of an appropriation therefor and the Commissioner disapproves such application, or if the Commissioner withholds payments to a State under paragraph
(1)of subsection (c), that State shall be entitled to judicial review of the actions of the Commissioner in accordance with the provisions of this paragraph. “(2)
(A)If any State, under circumstances qualifying for judicial review under this paragraph, desires judicial review of the Commission’s action, such State may, within sixty days 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 such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based the action brought under this division, as provided in section 2112 of title 28, United States Code. “(B) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. “(C) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. “Application.”“(e) For the purposes of this section, the term ‘application’ includes— “(1) an application for a grant; “(2) an offer to make a contract; “(3) a State plan for the administration of an applicable program; 88 Stat. 571 “(4) State assurances with respect to the administration of such a program; and “(5) any other methods for seeking Federal funds from the Commissioner of Education j under which an agency, institution, organization, or other organized entity may become the recipient of Federal funds.”. "
(1)The amendments made by subsection
(a)shall be effectiveEffective date.[20 USC 1232c note](/us/usc/t20/s1232c). on and after July 1, 1974.
(2)Nothing in the amendment made by subsection
(a)shall be[20 USC 1232c note](/us/usc/t20/s1232c). construed to affect, the applicability of chapter 5 of title 5, United States Code, to the Office of Education or actions by the Commissioner.[5 USC 500](/us/usc/t5/s500). furnishing information Sec. 512.
(a)Fart C of the General Education Provisions Act is further amended by adding at the end thereof the following new section: " “responsibility of states to furnish information “Sec. 437.
(a)The Commissioner shall require that each State submitReport to Commissioner.[20 USC 1232f](/us/usc/t20/s1232f). to him, within sixty days after the end of any fiscal year, a report on the uses of Federal funds in that State under any applicable program for which the State is responsible for administration. Such report shall— “(1) list all grants and contracts made under such program to the local educational agencies and other public and private agencies and institutions within such State during such year; “(2) include the total amount of funds available to the State under each such program for such fiscal year and specify from which appropriation Act or Acts these funds were available; “(3) with respect to the second preceding fiscal year, include a compilation of reports from local educational agencies and other public and private agencies and institutions within such State which sets forth the amount of such Federal funds received by each such agency and the purposes for which such funds were expended; “(4) with respect to such second preceding fiscal year, include a statistical report on the individuals served or affected by programs, projects, or activities assisted with such Federal funds; and “(5) be made readily available by the State to local educational agencies and other public and private agencies and institutions within the State, and to the public. “(b) On or before October 15 of each year, the Commissioner shallReport analysis and statistical data, submittal to congressional committees. submit to the Committee on Labor and Public Welfare of the Senate and to the Committee on Education and Labor of the House of Representatives an analysis of these reports and a compilation of statistical data derived therefrom.”. "
(b)The amendment made by subsection
(a)shall be effective uponEffective date.[20 USC 1232f note](/us/usc/t20/s1232f). enactment of this Act. protection of the rights and privacy of parents and students Sec. 513.
(a)Part C of the General Education Provisions Act isFamily Educational Rights and Privacy Act of 1974. further amended by adding at the end thereof the following new section: " “protection of the rights and privacy of parents and students “Sec. 438.
(1)No funds shall be made available under any applicable[20 USC 1232g](/us/usc/t20/s1232g). program to any State or local educational agency, any institution of higher education, any community college, any school, agency 88 Stat. 572offering a preschool program, or any other educational institution which has a policy of denying, or which effectively prevents, the parents of students attending any school of such agency, or attending such institution of higher education, community college, school, preschool, or other educational institution, the right to inspect and review any and all official records, files, and data directly related to their children, including all material that is incorporated into each student’s cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns. Where such records or data include information on more than one student, the parents of any student shall be entitled to receive, or be informed of, that part of such record or data as pertains to their child. Each recipient shall establish appropriate procedures for the granting of a request by parents for access to their child’s school records within a reasonable period of time, but in no case more than forty-five days after the request has been made. Hearing.“(2) Parents snail have an opportunity for a hearing to challenge the content of their child’s school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein. Release of records parental consent requirement.“(b)
(1)No funds shall be made available under any applicable program to any State or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy of permitting the release of personally identifiable records or files (or personal information contained therein) of students without the written consent of their parents to any individual, agency, or organization, other than to the following— “(A) other school officials, including teachers within the educational institution or local educational agency who have legitimate educational interests; “(B) officials of other schools or school systems in which the student intends to enroll, upon condition that the student’s parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record; “(C) authorized representatives of
(i)the Comptroller General of the United States,
(ii)the Secretary,
(iii)an administrative head of an education agency (as defined in section 409 of this Act), or
(iv)State educational authorities, under the conditions set forth in paragraph
(3)of this subsection; and “(D) in connection with a student’s application for, or receipt of, financial aid. “(2) No funds shall be made available under any applicable program to any State or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b)(1) unless— 88 Stat. 573 “(A) there is written, consent from the student’s parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student’s parents and the student if desired by the parents, or “(B) such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency. “(3) Nothing contained in this section shall preclude authorizedRecords, accessibility for audit. representatives of
(A)the Comptroller General of the United States,
(B)the Secretary,
(C)an administrative head of an education agency or
(D)State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education program, or in connection with the enforcement of the Federal legal requirements which relate to such programs: *Provided*, That, except when collection of personally identifiable data is specifically authorized by Federal law, any data collected by such officials with respect to individual students shall not include information (including social security numbers) which would permit the personal identification of such students or their parents after the data so obtained has been collected. “(4)
(A)With respect to subsections (c)(1) and (c)(2) and (c)(3),Written request. all persons, agencies, or organizations desiring access to the records of a student shall be required to sign a written form which shall be kept permanently with the file of the student, but only for inspection by the parents or student, indicating specifically the legitimate educational or other interest that each person, agency, or organization has in seeking this information. Such form shall be available to parents and to the school official responsible for record maintenance as a means of auditing the operation of the system. “(B) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. “(c) The Secretary shall adopt appropriate regulations to protectSurveys. the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education, agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law. “(d) For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an, institution of post-secondary education the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. “(e) No funds shall be made available under any applicable program unless the recipient of such funds informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section. “(f) The Secretary, or an administrative head of an education agency, shall take appropriate actions to enforce provisions of this section and to deal with violations of this section, according to the provisions of this Act, except that, action to terminate assistance may 88 Stat. 574be taken only if the Secretary finds there has been a failure to comply with the provisions of this section, and he has determined that compliance cannot be secured by voluntary means. “(g) The Secretary shall establish or designate an office and review board within the Department of Health, Education, and Welfare for the purpose of investigating, processing, reviewing, and adjudicating violations of the provisions of this section and complaints which may be filed concerning alleged violations of this section, according to the *Ante*, pp. 568–571.procedures contained in sections 434 and 437 of this Act.”. " Effective date.[20 USC 1232g note](/us/usc/t20/s1232g).(b)
(i)The provisions of this section shall become effective ninety days after the date of enactment of section 438 of the General Education Provisions Act. [20 USC 1232g note](/us/usc/t20/s1232g).(2)
(i)This section may be cited as the “Family Educational Rights and Privacy Act of 1974”. protection of pupil rights Sec. 514.
(a)Part C of the General Education Provisions Act is *Ante*, p. 571.further amended by adding after section 438 the following new section: " “protection of pupil rights “Sec. 439. [20 USC 1232h](/us/usc/t20/s1232h). All instructional material, including teacher’s manuals, films, tapes, or other supplementary instructional material which will be used in connection with any research or experimentation program or project shall be available for inspection by the parents or guardians Definitions.of the children engaged in such program or project. For the purpose of this section ‘research or experimentation program or project’ means any program or project in any applicable program designed to explore or develop new or unproven teaching methods or techniques.”. " Effective date.[20 USC 1232h note](/us/usc/t20/s1232h).(b) The amendment made by subsection
(a)shall be effective upon enactment of this Act. limitation on withholding of federal funds Sec. 515.
(a)Part C of the General Education Provisions Act is *Supra*.further amended by adding after section 439 the following new section: " “limitation on withholding of federal funds “Sec. 440. [20 USC 12321](/us/usc/t20/s12321).*Ante*, p. 572. Except as provided in section 438(b)(1)(D) of this Act, the refusal of a State or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution to provide personally identifiable data on students or their families, as a part of any applicable program, to any Federal office, agency, department, or other third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of students or their parents, shall not constitute sufficient grounds for the suspension or termination of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a refusal to consider, or a delay in the consideration of, funding for such a recipient in succeeding fiscal years. In the case of any dispute arising under this section, reasonable notice and opportunity for a hearing shall be afforded the applicant.”. " Effective date.[20 USC 12321 note](/us/usc/t20/s12321).(b) The amendment made by subsection
(a)shall be effective upon enactment of this Act. 88 Stat. 575 appointment of members of and functioning of advisory councils Sec. 516.
(a)Section 443 of the General Education Provisions Act[20 USC 1233b](/us/usc/t20/s1233b). is amended by inserting “(a)” after “Sec. 433.” and by adding at the end thereof the following: " “(b) Where the President fails to appoint a member to fill a vacancy in the membership of a Presidential advisory council within sixty days after it occurs (or after the effective date of the statute creating such council), then the Secretary shall immediately appoint a member to fill such vacancy.”. "
(b)The amendment made by subsection
(a)shall be effective uponEffective date.[20 USC 1233b note](/us/usc/t20/s1233b). enactment of this Act. other amendments relating to advisory councils Sec. 517.
(1)Section 445 of the General Education Provisions Act is amended by adding at the end thereof the following new[20 USC 1233d](/us/usc/t20/s1233d). subsection: " “(d) No employee of an advisory council, appointed and compensated pursuant to this section, shall be compensated at a rate in excess of that which such employee would receive if such employee were appointed subject to the appropriate provisions of title 5, United States Code, regarding appointments to, and compensation with[5 USC 101 *et seq*](/us/usc/t5/s101). respect to, the competitive service, except that— “(1) executive directors of Presidential advisory councils shall be compensated at the rate specified for employees placed in grade 18 of the General Schedule set forth in section 5332 of such title 5;[5 USC 5332 note](/us/usc/t5/s5332). “(2) executive directors of all other statutory advisory councils shall be compensated at the rate provided for employees in grade 15 of such General Schedule; and “(3) in accordance with regulations promulgated by the Assistant Secretary, other employees of advisory councils shall be compensated at such rates as may be necessary to enable such advisory councils to accomplish their purposes.”. "
(2)Such section 445 is amended by striking out “Commissioner” where it appears and inserting in lieu thereof “Assistant Secretary.”
(b)Section 447(b) of the General Education Provisions Act is[20 USC 1233f](/us/usc/t20/s1233f). amended by striking out “each statutory advisory council” and inserting in lieu thereof “each advisory council which is subject to the operation of this part”. relation to other laws Sec. 518.
(a)Part D of the General Education Provisions Act is[20 USC 1233](/us/usc/t20/s1233). amended by adding at the end thereof the following new section: " “relation to other laws “Sec. 449.
(a)No provision of any law establishing, authorizing the[20 USC 1233h](/us/usc/t20/s1233h). establishment of, or controlling the operation of, an advisory council which is not consistent with the provisions of this part shall apply to any advisory council to which this part applies. “(b) The provisions of subsections
(e)and
(f)of section 10 of the Federal Advisory Committee Act shall not apply to Presidential advisory councils (as defined in section 441).” "
(b)The amendment made by subsection
(a)shall be effective upon[20 USC 1233h note](/us/usc/t20/s1233h). enactment of this Act. 88 Stat. 576 office of libraries and learning resources Sec. 519. Establishment.[20 USC 1221i](/us/usc/t20/s1221i).
(a)There is established, in the Office of Education, an Office of Libraries and Learning Resources (hereafter in this section referred to as the “Office”), through which the Commissioner shall administer all programs in the Office of Education related to assistance for, and encouragement of, libraries and information centers and education technology.
(b)The Office shall be headed by a Director, to whom the Commissioner shall delegate his delegable functions with respect to the programs administered through the Office. TITLE VI— EXTENSION AND REVISION OF RELATED ELEMENTARY AND SECONDARY EDUCATION PROGRAMS Part A— Adult Education definition of “community school program” Sec. 601. [20 USC 1202](/us/usc/t20/s1202). Section 303 of the Adult Education Act is amended by
(1)redesignating subsections (e), (f), (g), (h),and (i), and all references thereto, as subsections (f), (g), (h), (i), and (j), respectively, and
(2)inserting after subsection
(d)the following new subsection: " “(e) The term ‘community school program’ is a program in which a public building, including but not limited to a public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community that center serves in accordance with the needs, interests, and concerns of that community.”. " special projects reservation eliminated Sec. 602. [20 USC 1203](/us/usc/t20/s1203). Section 304 of the Adult Education Act is amended
(1)by striking out subsection (a), and
(2)by striking out in subsection
(b)the following: “(b) From the remainder of such sums, the” and inserting in lieu thereof “The”. new state plan requirements Sec. 603. [20 USC 1205](/us/usc/t20/s1205).
(a)Section 306 of the Adult Education Act is amended by redesignating clauses (6), (7), (8), and (9), and all references thereto, as clauses (8), (9), (10), and (11), respectively, and by inserting after clause
(5)of such section the following new clauses: " “(6) provide for cooperation with manpower development and training programs and occupational education programs, and for coordination of programs carried on under this title with other programs, including reading improvement programs, designed to provide reading instruction for adults carried on by State and local agencies; “(7) provide that such agency will make available not to exceed 20 per centum of the State’s allotment for programs of equivalency for a certificate of graduation from a secondary school;”. "
(b)Section 306(a)(1) of such Act is amended by inserting after “adult population” the following: “, including institutionalized persons,” and by inserting before the semicolon at the end thereof a 88 Stat. 577comma and the following: “That not to exceed 20 per centum of the funds used to carry out this Act for any fiscal year may be used for the education of institutionalized persons”. use of funds for special projects Sec. 604. Section 309 of the Adult Education Act is amended to read[20 USC 1208](/us/usc/t20/s1208). as follows: " “use of funds for special experimental demonstration projects and teacher training “Sec. 309. Of the funds allotted to a State under section 305 for a fiscal year, not less than 15 per centum shall be used for— “(1) special projects which will be carried out in furtherance of the purposes of this title, and which— “(A) involve the use of innovative methods, systems, materials, or programs which may have national significance or be of special value in promoting effective programs under this title, or “(B) involve programs of adult education which are part of community school programs, carried out in cooperation with other Federal, federally assisted, State, or local programs which have unusual promise in promoting a comprehensive or coordinated approach to the problems of persons with educational deficiences; and “(2) training persons engaged, or preparing to engage, as personnel in programs designed to carry out the purposes of this title.”. " clearinghouse on adult education Sec. 605. The Adult Education Act is amended by inserting immediately after section 309 thereof the following new section:*Supra*. " “clearinghouse on adult education “Sec. 309A. The Commissioner shall establish and operate a clearinghouse[20 USC 1208–1](/us/usc/t20/s1208–1). on adult education, which shall collect and disseminate to the public information pertaining to the education of adults and adult education programs, together with ways of coordinating adult education programs with manpower and other education programs. TheContract authority. Commissioner is authorized to enter into contracts with public agencies or private organizations to operate the clearinghouse established or designated under this section.”. " state advisory councils Sec. 606. The Adult Education Act is amended by inserting immediately after section 310 thereof the following new section: " “state advisory councils “Sec. 310A.
(a)Any State which receives assistance under this title[20 USC 1208b](/us/usc/t20/s1208b). may establish and maintain a State advisory council, or may designate and maintain an existing State advisory council, which shall be, or has been, appointed by the Governor or, in the case of a State in which members of the State board which governs the State education agency are elected (including election by the State legislature), by such board. 88 Stat. 578 “(b)
(1)Such a State advisory council shall include as members persons who, by reason of experience or training, are knowledgeable in the field of adult education or who are officials of the State educational agency or of local educational agencies of that State, persons who are or have received adult educational services, and persons who are representative of the general public. “(2) Such a State advisory council, in accordance with regulations prescribed by the Commissioner, shall— “(A) Advise the State educational agency on the development of, and policy matters arising in, the administration of the State *Ante*, p. 576; *Infra*.plan approval pursuant to section 306; “(B) advise with respect to long-range planning and studies to evaluate adult education programs, services, and activities assisted under this Act; and Annual Report.“(C) prepare and submit to the State educational agency, and to the National Advisory Council for Adult Education established [20 USC 1208a](/us/usc/t20/s1208a).pursuant to section 310, an annual report of its recommendations, accompanied by such additional comments of the State educational agency as that agency deems appropriate. “(c) Upon the appointment of any such advisory council, the appointing authority under subsection
(a)of this section shall inform the Commissioner of the establishment of, and membership of, its State advisory council. The Commissioner shall, upon receiving such information, certify that each such council is in compliance with the membership requirements set forth in subsection (b)(1) of this section. “(d) Each such State advisory council shall meet within thirty days after certification has been accepted by the Commissioner under subsection
(c)of this section and select from among its membership a chairman. The time, place, and manner of subsequent meetings shall be provided by the rules of the State advisory council, except that such rules shall provide that each such council meet at least four times each year, including at least one public meeting at which the public is given the opportunity to express views concerning adult education. “(e) Each such State advisory council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this section.”. " amendments relating to bilingual education Sec. 607. *Ante*, p. 576.
(a)Section 306(a) of the Adult Education Act is amended by striking out “and” at the end of clause
(10)of such section, by redesignating clause (11), and all references thereto, as clause (12), and by adding after clause
(10)the following new clause: " “(11) provide that special assistance be given to the needs of persons of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education *Ante*, p, 504.Act of 1965), by providing bilingual adult education programs in which instruction is given in English and, to the extent necessary to allow such persons to progress effectively through the adult education program, in the native language of such persons, carried out in coordination with programs of bilingual education *Ante*, p. 503.assisted under such title VII and bilingual vocational education [20 USC 1241 note](/us/usc/t20/s1241).programs under the Vocational Education Act of 1963; and” " [20 USC 1208](/us/usc/t20/s1208).(b)
(1)Section 309(b)(1) of such Act is amended by inserting a comma and “including methods for educating persons of limited English-speaking ability” immediately after “methods”. 88 Stat. 579
(2)Section 309(b)(2) of such Act is amended by inserting a comma[20 USC 1208](/us/usc/t20/s1208). and “including education for persons of limited English-speaking ability” immediately after “education”.
(3)Section 311(d) of such Act is amended by inserting a comma[20 USC 1209](/us/usc/t20/s1209). and “including education for persons of limited English-speaking ability in which instruction is given in English and, to the extent necessary to allow such persons to progress effectively through the adult education program, in the native language of such persons” immediately after “adult education”. extension of authorizations of appropriations; technical amendments Sec. 608.
(a)Section 313(a) of the Adult Education Act is[20 USC 1211](/us/usc/t20/s1211). amended—
(1)by striking out “section 310” and inserting in lieu thereof “sections 310 and 314”;
(2)by striking out the word “and” after “June, 30, 1971,”; and
(3)by inserting after “June 30, 1973,” the following: “$150,000,000 for each of the fiscal years ending June 30, 1974, and June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, and $200,000,000 for each of the fiscal years ending June 30, 1977, and June 30, 1978: *Provided*, That, effective with respect to fiscal years after June 30, 1974, grants to each State under section 305 shall not be less than 90 per centum of the grants made to such State agencies in fiscal year 1973.”
(b)Section 314(d) of such Act, is amended by striking out “two”[20 USC 1211a](/us/usc/t20/s1211a). and inserting after “years” the following: “ending prior to July 1, 1978”. effective dates Sec. 609.
(a)The amendments made by this part shall be effective[20 USC 1202 note](/us/usc/t20/s1202). on the date of enactment of this Act, except that—
(1)the amendments made by section 608 shall be effective on and after July 1, 1973; and
(2)the amendments made by sections 603 and 607 shall be effective on, and with respect to appropriations for fiscal years beginning after June 30, 1973.
(b)The amendments made by sections 603 and 604 shall not take effect with respect to any multi-year program or project approved prior to the date of enactment of this Act. Part B— Education of the Handicapped short title Sec. 611. This title may be cited as the “Education of the HandicappedEducation of the Handicapped Amendments of 1974.[20 USC 1402 note](/us/usc/t20/s1402). Amendments of 1974”, bureau for the education and training of the handicapped Sec. 612.
(a)Section 603 of the. Education of the Handicapped Act[20 USC 1402](/us/usc/t20/s1402). is amended by inserting “(a)” after “Sec. 603.” and by adding at the end thereof the following new subsection: " “(b)
(1)The Bureau established under subsection
(a)shall be headed by a Deputy Commissioner of Education who shall be appointed by the Commissioner, who shall report directly to the Commissioner, be compensated at the rate specified for, and placed in, grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code.[5 USC 5332 note](/us/usc/t5/s5332). 88 Stat. 580 “(2) In addition to such Deputy Commissioner, there shall be placed in such Bureau five positions for persons to assist the Deputy Commissioner in carrying out his duties, including the position of Associate Deputy Commissioner, and such positions shall be placed in grade 16 of the General Schedule set forth in section 5332 of title 5, United [5 USC 5332 note](/us/usc/t5/s5332).States Code.”. " [20 USC 1402 note](/us/usc/t20/s1402).*Ante*, p, 579.(b)
(1)The positions created by subsection
(b)of section 603 of the Education of the Handicapped Act shall be in addition to the number of positions placed in the appropriate grades under section 5108 of title 5, United States Code, and such positions shall be in addition to, and without prejudice against, the number of positions otherwise placed in the Office of Education under such section 5108 or under other law. Nothing in this section shall be deemed as limiting the Commissioner from assigning additional General Schedule positions in grades 16, 17, and 18 to the Office should he determine such additions to be necessary to operate programs for educating handicapped children authorized by this Act. Effective date.[20 USC 1402 note](/us/usc/t20/s1402).(2) The amendments made by subsection
(a)shall become effective upon the enactment of this Act. advisory committee Sec. 613.
(a)Section 604(b) of the Education of the Handicapped [20 USC 1403](/us/usc/t20/s1403).Act is amended by adding at the end thereof the following new sentence; “The Advisory Committee shall continue to exist until July 1, 1977.”.
(b)Section 604 of such Act is amended by adding at the end thereof the following new subsection: " “(c) There are authorized to be appropriated for the purposes of this section $100,000 for the fiscal year ending June 30, 1974, and for each of the three succeeding fiscal years.”. " state entitlements Sec. 614. Effective date.[20 USC 1411 and note](/us/usc/t20/s1411 and).
(a)Effective for fiscal year 1975 only, section 611 of the Education of the Handicapped Act is amended to read as follows: " “grants to states for education of handicapped children “Sec. 611.
(a)The Commissioner shall, in accordance with the provisions of this part, make payments to States for the purpose of assisting the States in the initiation, expansion, and improvement of programs and projects for the education of handicapped children at the preschool, elementary school, and secondary school levels in order to provide full educational opportunities to all handicapped children. Such payments may be used for the early identification and assessment of handicapping conditions in children under three years of age. [20 USC 1412](/us/usc/t20/s1412).“(b)
(1)Subject to the provisions of section 612, the maximum amount of the grant to which a State shall be entitled under this part, shall be equal to— “(A) the number of children aged three to twenty-one inclusive, in that State in the most recent fiscal year for which satisfactory data are available; multiplied by— “(B) $8.75. “State.““(2) For the purpose of this subsection, the term ‘State’ does not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. 88 Stat. 581 “(c)
(1)The jurisdictions to which this subsection applies are the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. “(2) Each jurisdiction to which this subsection applies shall, for the fiscal year ending June 30, 1975, be entitled to a grant in an amount equal to an amount determined by the Commissioner, in accordance with criteria established by regulations, needed to initiate, expand, or improve programs and projects for the education of handicapped children at the preschool, elementary school, and secondary school levels, in that jurisdiction, except that the aggregate of the amount to which such jurisdictions are so entitled for any fiscal year shall not exceed an amount equal to 2 per centum of the aggregate of the amounts to which all States are entitled under subsection
(b)of tins section for that fiscal year. If the aggregate of the amounts, determined by the Commissioner pursuant to the preceding sentence, to be so needed for any fiscal year exceeds an amount equal to such 2 per centum limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate docs not exceed such 2 per centum limitation. “(d) The Commissioner is authorized for the fiscal year endingIndian reservation schools, assistance. June 30, 1975, to make payments to the Secretary of the Interior according to the need for such assistance, for the education of handicapped children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, and the terms upon which payments for such purposes shall be made to t he Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this part. The amount of such payment for any fiscal year shall not exceed 1 per centum of the aggregate amounts to which States are entitled under subsection
(b)of this section for that fiscal year.”. "
(b)Effective for fiscal year 1975 only, section 612 of such Act isEffective date.[20 USC 1412 and note](/us/usc/t20/s1412). amended to read as follows: " “allocations of appropriations “Sec. 612.
(a)Sums appropriated for the fiscal year ending June 30, 1975, shall be made available to States and allocated to each State, on the basis of unsatisfied entitlements under section 611, in an amount*Ante*, p. 580. equal to the amount it received from the appropriation for this part for the fiscal year 1971. “(b) Any sums appropriated to carry out this part for any fiscal year which remain after allocations under subsection
(a)of this section shall be made to States in accordance with entitlements created under section 611 (to the extent that such entitlements are unsatisfied) ratably reduced. “(c) In the event that funds become available for making payments under this part for any fiscal year after allocations have been made under subsections
(a)and
(b)for that year, the amounts reduced under subsection
(b)shall be increased on the same basis as they were reduced.”. "
(c)Effective for fiscal year 1975 only, section 613(a) of such Act[20 USC 1413 and note](/us/usc/t20/s1413). is amended by striking out “desires to receive grants” in the first sentence of such subsection and inserting in lieu thereof “is entitled to receive payments”.
(d)Section 613(a) of such Act is further amended by
(1)striking out the word “and” at the end of paragraph (10),
(2)by striking out the period at the end of paragraph
(11)and inserting in lieu thereof a semicolon, and
(3)by adding at the end thereof the following two paragraphs: " 88 Stat. 582 “(12)
(A)establish a goal of providing full educational opportunities to all handicapped children, and
(B)provide for a procedure to assure that funds expended under this part are used to accomplish the goal set forth in
(A)of this paragraph and priority in the utilization of funds under this part will be given to handicapped children who are not receiving an education; and “(13) provide procedures for insuring that handicapped children and their parents or guardians are guaranteed procedural safeguards in decisions regarding identification, evaluation and educational placement of handicapped children including, but not limited to (A)(i) prior notice to parents or guardians of the child when the local or State educational agency proposes to change the educational placement of the child,
(ii)an opportunity for the parents or guardians to obtain an impartial due process hearing, examine all relevant records with respect to the classification or educational placement of the child, and obtain an independent educational evaluation of the child,
(iii)procedures to protect the rights of the child when the parents or guardians are not known, unavailable, or the child is a ward of the State including the assignment of an individual (not to be an employee of the State or local educational agency involved in the education or care of children) to act as a surrogate for the parents or guardians, and
(iv)provision to insure that the decisions rendered in the impartial due process hearing required by this paragraph shall be binding on all parties subject only to appropriate administrative or judicial appeal; and
(B)procedures to insure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular education environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; and
(C)procedures to insure the testing and evaluation materials and procedures utilized for the purposes of classification and placement of handicapped children will be selected and administered so as not to be racially or culturally discriminatory.”. " (e)*Ante*, p. 580.
(1)Section 611(a) of the Education of the Handicapped Act is amended by inserting before the period the following: “in order to provide full educational opportunity to all handicapped children”.
(2)Subsection
(b)of section 61 i of the Education of the Handicapped Act is amended to read as follows: " “(b) For the purpose of making grants under this part, there are authorized to be appropriated $100,000,000 for the fiscal year ending June 30, 1976, and $110,000,000 for the fiscal year ending June 30, 1977.”. " Effective date.[20 USC 1411 note](/us/usc/t20/s1411).(3) The amendment made by subsection
(e)shall become effective and shall be deemed to have been enacted on July 1, 1975. (f)[20 USC 1412](/us/usc/t20/s1412).
(1)Section 612(a)(1)(B) of such Act is amended by striking out “1973” and inserting in lieu thereof “1977”. Effective date.[20 USC 1412 note](/us/usc/t20/s1412).(2) The amendment made by this subsection shall be effective on and after July 1, 1973. additional state plan requirement Sec. 615. Effective date.[20 USC 1412 and note](/us/usc/t20/s1412).
(1)Effective on and after July 1, 1975, section 612(a)(2) of the Education of the Handicapped Act is amended by striking out “$200,000” and inserting in lieu thereof “$300,000”. 88 Stat. 583
(2)Effective on and after July 1, 1975, section 612(a) of such ActEffective date.[20 USC 1412 and note](/us/usc/t20/s1412 and). is amended by inserting at the end thereof the following new paragraph: " “(3) No State shall, in any fiscal year, be required to expend amounts allotted pursuant to this section to carry out the provisions of paragraph
(1)of section 613(b) unless that State receives an amount[20 USC 1413](/us/usc/t20/s1413). greater than the amount allotted to that State for the fiscal year ending June 30, 1973.”. "
(b)Section 613(a)(1) of such Act is amended by striking out “$100,000” and inserting in lieu thereof “$200,000”.
(1)Section 613 of such Act is amended by redesignating subsections (b), (c), and
(d)of such section, and all references thereto, as subsections (c), (d), and (e), respectively, and by inserting after subsection
(a)the following: " “(b)
(1)Any State which desires to receive a grant under this part for any fiscal year beginning after June 30, 1975, shall submit to the Commissioner for approval not later than one year after the enactment of the Education of the Handicapped Amendments of 1974, through*Ante*, p. S79. its State educational agency an amendment to the State plan required under subsection (a), setting forth in detail the policies and procedures which the State will undertake in order to assure that— “(A) all children residing in the State who are handicapped regardless of the severity of their handicap and who are in need of special education and related services are identified, located, and evaluated, including a practical method of determining which children are currently receiving needed special education and related services and which children are not currently receiving needed special education and related services; “(B) policies and procedures will be established in accordance with detailed criteria prescribed by the Commissioner to protect the confidentiality of such data and information by the State; “(C) there is established
(i)a goal of providing full educational opportunities to all handicapped children,
(ii)a detailed timetable for accomplishing such a goal, and
(iii)a description of the kind and number of facilities, personnel, and services necessary throughout the State to meet such a goal; and “(D) the amendment submitted by the State pursuant to this subsection shall be available to parents and other members of the general public at least thirty days prior to the date of submission of the amendment to the Commissioner. For the purpose of this part, any amendment to the State plan required by this subsection and approved by the Commissioner shall be considered, after June 30, 1975, as a required portion of the State plan. “(2) The requirement of paragraph
(1)of this subsection shall not be effective with respect to any fiscal year in which the aggregate of the amounts allotted to the States for this part for that fiscal year is less than $45,000,000.”. "
(2)Section 613(e)(1) of such Act (as redesignated by this section) is amended by striking out “subsection (c)” and inserting in lieu thereof “subsection (d)”.
(d)The amendment made by subsections (a)(1) and
(b)of thisEffective date.[20 USC 1412 note](/us/usc/t20/s1412). section shall be effective in any fiscal year for which the aggregate of the amounts allotted to the States for that fiscal year for carrying out part B of the Education of the Handicapped Act is $45,000,000 or[20 USC 1411](/us/usc/t20/s1411). more. 88 Stat. 584 regional education programs for deaf and other handicapped persons Sec. 616. Part C of the Education of the Handicapped Act is [20 USC 1425, 1426](/us/usc/t20/s1425/s1426).amended by redesignating sections 625 and 626 thereof as sections 626 and 627, respectively, and by inserting a new section as follows: " “regional education programs “Sec. 625. [20 USC 1424a](/us/usc/t20/s1424a).
(a)The Commissioner is authorized to make grants to or contracts with institutions of higher education, including junior and community colleges, vocational and technical institutions, and other appropriate nonprofit educational agencies for the development and operation of specially designed or modified programs of vocational, technical, postsecondary, or adult education for deaf or other handicapped persons. “(b) In making grants or contracts authorized by this section the Commissioner shall give priority consideration to— “(1) programs serving multistate regions or large population centers; “(2) programs adapting existing programs of vocational, technical, postsecondary, or adult education to the special needs of handicapped persons: and “(3) programs designed to serve areas where a need for such services is clearly demonstrated. “Handicapped person.”“(c) For purposes of this section, the term ‘handicapped persons’ means persons who are mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, emotionally disturbed, crippled, or in other ways health impaired and by reason thereof require special education programming and related services.”. " centers and services Sec. 617. Section 627 of the Education of the Handicapped Act (as redesignated by section 616) is amended to read as follows: " “authorization of appropriations “Sec. 627. [20 USC 1426](/us/usc/t20/s1426). There are authorized to be appropriated to carry out the provisions of section 621, $12,500,000 for the fiscal year ending June 30, 1975, $18,000,000 for the fiscal year ending June 30, 1976, and $19,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 622, $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year ending June 30, 1976, and for the succeeding fiscal year. There are authorized to be appropriated to carry out the provisions of section 623. $25,500,000 for the fiscal year ending June 30, 1975, $36,000,000 for the fiscal year ending June 30, 1976, and $38,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 625, $1,000,000 for the fiscal year ending June 30, 1975, and such sums as may be necessary for each of the two succeeding fiscal years.”. " personnel training Sec. 618. [20 USC 1436](/us/usc/t20/s1436). Section 636 of the Education of the Handicapped Act is amended to read as follows: " 88 Stat. 585 “authorization of appropriations “Sec. 636. There are authorized to be appropriated for carrying out the provisions of this part (other than section 633) $45,000,000 for the fiscal year ending June 30, 1975, $52,000,000 for the fiscal year ending June 30, 1976, and $54,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 633, $500,000 for each of the fiscal years ending June 30, 1975, and June 30, 1976, and $1,000,000 for the fiscal year ending June 30, 1977.”. " research Sec. 619. Section 644 of the Education of the Handicapped Act is[20 USC 1444](/us/usc/t20/s1444). amended to read as follows: " “authorization of appropriations “Sec. 644. For the purpose of carrying out this part, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal years ending June 30, 1976, and June 30, 1977.” " instructional media Sec. 620.
(1)Sections 652(b)(3), 652(b)(4), and 652(b)(5) of the Education of the Handicapped Act are each amended by inserting “,[20 USC 1452](/us/usc/t20/s1452). by grant and contract,” after “provide”.
(2)Section 654 of such Act is amended to read as follows:[20 USC 1454](/us/usc/t20/s1454). " “authorization of appropriations “Sec. 654. For the purposes of carrying out this part there are hereby authorized to be appropriated not to exceed $18,000,000 for the fiscal year ending June 30, 1975, and $22,000,000 for the fiscal year ending June 30, 1976, and for each succeeding fiscal year thereafter.” " specific learning disabilities Sec. 621. Section 661(c) of the Education of the Handicapped Act is[20 USC 1461](/us/usc/t20/s1461). amended to read as follows: " “(c) For the purpose of making grants and contracts under this section there are authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal years ending June 30, 1976, and June 30, 1977.” " Part C— Indian Education extension of programs for the education of indian children Sec. 631.
(a)Section 810(g) of the Elementary and Secondary Education Act of 1965 is amended by striking out “two succeeding[20 USC 887c](/us/usc/t20/s887c). fiscal years” and inserting in lieu thereof “succeeding fiscal years ending prior to July 1, 1978”.
(b)Section 303(a)(1) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by the Indian Education[20 USC 241bb](/us/usc/t20/s241bb). Act, is amended by striking out “July 1, 1975” and inserting in lieu thereof “July 1, 1978,”.
(c)The amendments made by this section shall be effective on andEffective date.[20 USC 887c note](/us/usc/t20/s887c). after July 1, 1973. 88 Stat. 586 revision of programs relating to indian education Sec. 632.
(a)Section 810(f) of the Elementary and Secondary [20 USC 887c](/us/usc/t20/s887c).Education Act of 1965 is amended by inserting after the third sentence the following new sentence: “The Commissioner shall not approve an application for a grant under subsection (b), (c), or
(d)unless he is satisfied that such an application, to the extent consistent with the number of eligible children in the area to be served who are enrolled in private nonprofit elementary and secondary schools whose needs are of the type which the program is intended to meet, makes provision for the participation of such children on an equitable basis.”.
(b)Section 303(b) of the Act of September 30, 1950 (Public Law [20 USC 241bb](/us/usc/t20/s241bb).874, Eighty-first Congress), is amended by striking out “5 per centum” and inserting in lieu thereof “10 per centum”. [20 USC 821 note](/us/usc/t20/s821).(c) Part B of the Indian Education Act is amended by adding at the end thereof the following new sections: " “special educational training programs for teachers of indian children “Sec. 422. [20 USC 887c–1](/us/usc/t20/s887c–1).
(a)The Commissioner is authorized to make grants to and enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for the purpose of preparing individuals for teaching or administering special programs and projects designed to meet the special educational needs of Indian children and to provide in-service training for persons teaching in such programs. Priority shall be given to Indian institutions and organizations. Tn carrying out his responsibilities under this section, the Commissioner is authorized to award fellowships and traineeships to individuals and to make grants to and to enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for cost of education allowances. In awarding fellowships and traineeships under this section, the Commissioner shall give preference Io Indians. “(b) In the case of traineeships and fellowships, the Commissioner is authorized to grant stipends to, and allowances for dependents of, persons receiving traineeships and fellowships. “(c) There is authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1975, and for each of the three succeeding fiscal years to carry out the provisions of this section. “fellowships for indian students “Sec. 423. [20 USC 887c–2](/us/usc/t20/s887c–2).
(a)During the fiscal year ending June 30, 1975, and each of the three succeeding fiscal years, the Commissioner is authorized to award not to exceed two hundred fellowships to be used for study in graduate and professional programs at institutions of higher education, Such fellowships shall be awarded to Indian students in order to enable them to pursue a course of study of not less than three, nor more than four, academic years leading toward a professional or graduate degree in engineering, medicine, law, business, forestry and related fields. In addition to the fellowships authorized to be awarded in the first sentence of this subsection, the Commissioner is authorized to award a number of fellowships equal to the number previously awarded during any fiscal year under this subsection but vacated prior to the cud of the period during which they were awarded, except that each fellowship so awarded shall be only for a period of study not in excess of the remainder of the period of time for which the fellowship it replaces was awarded, as the Commissioner may determine. 88 Stat. 587 “(b) The Commissioner shall pay to persons awarded fellowships under this subsection such stipends (including such allowances for subsistence of such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. “(c) The Commissioner shall pay to the institution of higher education at which the holder of a fellowship under this subsection is pursuing a course of study, in lieu of tuition charged such holder, such amounts as the Commissioner may determine to cover the cost of education for the holder of such a fellowship.”. "
(d)The amendments made by this section shall be effective on andEffective date.[20 USC 887c note](/us/usc/t20/s887c). after July 1, 1971. Part D— Emergency School Aid extension of the emergency school aid act Sec. 641.
(a)Section 704(a) of the Emergency School Aid Act (title VII of Public Law 92–318) is amended by striking out “for the[20 USC 1603](/us/usc/t20/s1603). fiscal year ending June 30, 1974” and inserting m lieu thereof “for the period ending June 30, 1976”.
(b)With respect to the fiscal year ending June 30, 1976, the authorization[20 USC 1603 note](/us/usc/t20/s1603).[20 USC 1601 note](/us/usc/t20/s1601).*Ante*, p. 563. level for the Emergency School Aid Act shall, for the purposes of section 414 of the General Education Provisions Act, be equal to the amount appropriated for the purposes of the Emergency School Aid Act for the fiscal year ending June 30, 1976. repeal of reservation for certain metropolitan projects Sec. 642.
(a)Section 704(b) of the Emergency School Aid Act is amended by striking out paragraph
(1)and by striking out “(2)” of such section.
(b)The matter preceding paragraph 1 of section 709(a) of such[20 USC 1608](/us/usc/t20/s1608). Act is amended to read as follows: “Sums available to the Secretary under section 708 for metropolitan area projects shall be available for[20 USC 1607](/us/usc/t20/s1607). the following purposes:”. amendment with respect to eligibility Sec. 643.
(a)Section 706(a) of the Emergency School Aid Act is[20 USC 1605](/us/usc/t20/s1605). amended
(1)by striking out paragraph (3),
(2)by striking out the period at the end of paragraph (1)(D) and inserting, “; or” and
(3)by adding at the end of such paragraph
(1)the following: " “(E) which will establish or maintain one or more integrated schools as defined in section 720(7) and which—[20 USC 1619](/us/usc/t20/s1619). “(i) has a sufficient number of minority group children to comprise more than 50 per centum of the number of children m attendance at the schools of such agency, and “(ii) has agreed to apply for an equal amount of assistance under subsection (b).” "
(b)Section 706(b) of such Act is amended by inserting “(1)” after “subsection (a)”.
(c)Section 710(c) of such Act is amended by inserting in paragraph[20 USC 1609](/us/usc/t20/s1609).
(2)after “(in)” the following: “or under section 706(a)(1)(E)”. In the same paragraph insert “or activity” after “plan” the second time it appears.
(d)Section 720(7) of inch Act is amended by striking “section 706(a)(3) ” and by inserting “section 706(a)(1)(E)”.*Supra*. 88 Stat. 588 special projects for the teaching of mathematics Sec. 644. [20 USC 1607](/us/usc/t20/s1607). Section 708(a) of such Act is amended by adding at the end thereof the following new paragraph: " “(3) The Assistant Secretary is authorized to make grants to, and contracts with, one or more private, nonprofit agencies, institutions, or organizations, for the conduct, in cooperation with one or more local educational agencies, of special programs for the teaching of standard mathematics to children eligible for services under this Act through instruction in advanced mathematics by qualified instructors with bachelor degrees in mathematics, or the mathematical sciences from colleges or other institutions of higher education, or equivalent experience.” " amendment relating to nonprofit groups Sec. 645. Section 708(b) of the Elementary School Aid Act is amended by striking out “706(a)” both times it appears in such section [20 USC 1605](/us/usc/t20/s1605).and inserting in lieu thereof “706” in each instance. effective date Sec. 646. [20 USC 1603 note](/us/usc/t20/s1603). The amendments made by and the provisions of this part shall be effective on and after July 1, 1974, and with respect to appropriations for fiscal years beginning on and after such date except that the provisions of section 641
(b)shall be effective only with respect to fiscal year 1977. Part E— National Defense Education Act extension of title iii Sec. 651. [20 USC 441](/us/usc/t20/s441).
(a)Section 301 of the National Defense Education Act of 1958 is amended by striking out “1975” both times it appears and inserting “1977” in lieu thereof, by striking out “for the fiscal year ending” after “$130,500,000” in the first sentence, and by inserting in lieu thereof “for each of the fiscal years ending prior to”, and by adding at the end thereof the following new sentence: “Notwithstanding the preceding two sentences, no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part B of title IV of the Elementary and *Ante*, p. 542.Secondary Education Act of 1965.” Effective date.[20 USC 441 note](/us/usc/t20/s441).(b) The amendment made by this section shall be effective on and after July 1, 1974. TITLE VII— NATIONAL READING IMPROVEMENT PROGRAM statement of purpose Sec. 701. [20 USC 1901](/us/usc/t20/s1901). It is the purpose of this title—
(1)to provide financial assistance to encourage State and local educational agencies to undertake projects to strengthen reading instruction programs in elementary grades;
(2)to provide financial assistance for the development and enhancement of necessary skills of instructional and other educational staff for reading programs;
(3)to develop a means by which measurable objectives for reading programs can be established and progress toward such objectives assessed; 88 Stat. 589
(4)to develop the capacity of preelementary school children for reading, and to establish and improve preelementary school programs in language arts and reading; and
(5)to provide financial assistance to promote literacy among youth and adults. Part A— Reading Improvement Projects projects authorized Sec. 705.
(1)The Commissioner is authorized to enter into[20 USC 1921](/us/usc/t20/s1921). agreements with either State educational agencies or local educational agencies, or both, for the carrying out by such agencies, in schools having large numbers or a high percentage of children with reading deficiencies, of projects involving the use of innovative methods, systems, materials, or programs which show promise of overcoming such reading deficiencies.
(2)The Commissioner is further authorized to enter into agreements with State educational agencies, local educational agencies, or with nonprofit educational or child care institutions for the carrying out by such agencies and institutions, in areas where such schools are located, of such projects for preelementary school children. Such projects are to be instituted in kindergartens, nursery schools, or other preschool institutions.
(b)No agreement may be entered into under this part, unless uponApplications, reading program requirements. an application made to the Commissioner at such time, in such manner, and including or accompanied by such information as he may reasonably require. Each such application shall set forth a reading program which provides for—
(1)diagnostic testing designed to identify preelementary and elementary school children with reading deficiencies, including the identification of conditions which, without appropriate other treatment, can be expected to impede or prevent children from learning to read;
(2)planning for and establishing comprehensive reading programs;
(3)reading instruction for elementary school pupils whose reading achievement is less than that which would normally be expected for pupils of comparable ages and in comparable grades of school;
(4)preservice training programs for teaching personnel including teacher-aides and other ancillary educational personnel, and in-service training and development programs, where feasible, designed to enable such personnel to improve their ability to teach students to read;
(5)participation of the school faculty, school board members, administration, parents, and students in reading-related activities which stimulate an interest in reading and are conducive to the improvement of reading skills;
(6)parent participation in development and implementation of the program for which assistance is sought;
(7)local educational agency school board participation in the development of programs;
(8)periodic testing in programs for elementary school children on a sufficiently frequent basis to measure accurately reading achievement, and for programs for preelementary school children a test of reading proficiency at the conclusion, minimally, of the first-grade program into which the nursery and kindergarten programs are integrated; 88 Stat. 590
(9)publication of test results on reading achievement by grade level, and where appropriate, by school, without identification of achievement of individual children;
(10)availability of test results on reading achievement on an individual basis to parents or guardians of any child being so tested;
(11)participation on an equitable basis by children enrolled in nonprofit private elementary schools in the area to be served (after consultation with the appropriate private school officials) to an extent consistent with the number of such children whose educational needs are of the kind the program is intended to meet;
(12)the use of bilingual education methods and techniques to the extent consistent with the number of elementary school-age children in the area served by a reading program who are of limited English-speaking ability;
(13)appropriate involvement of leaders of the cultural and educational resources of the area to be served, including institutions of higher education, nonprofit private schools, public and private nonprofit agencies such as libraries, museums, educational radio and television, and other cultural and education resources of the community; and
(14)assessment, evaluation, and collection of information on individual children by teachers during each year of the preelementary program, to be made available for teachers in the subsequent year, in order that continuity for the individual child not be lost. Additional requirements.(c) Each such applicant, in addition to meeting the requirements of subsection (b), shall provide assurances that—
(1)appropriate measures have been taken by the agency to analyze the reasons why elementary school children are not reading at the appropriate grade level;
(2)the agency will develop a plan setting forth specific objectives which shall include the goals of having the children in project schools reading at the appropriate grade level at the end of grade three; and
(3)whenever appropriate, sufficient measures will be taken to coordinate each preelementary reading program with the reading program of the educational agencies or institutions which such preelementary school children will be next in attendance.
(d)No grant may be made under this part unless the application for such grant provides assurances that the provisions of this subsection State advisory councils on reading.are met. Each State educational agency shall—
(1)establish an advisory council on reading appointed by such agency which shall be broadly representative of the education resources of the State and of the general public, including persons representative of—
(A)public and private nonprofit elementary and secondary schools,
(B)institutions of higher education,
(C)parents of elementary and secondary school children, and
(D)areas of professional competence relating to instruction in reading, and
(2)authorize the advisory council established under clause
(1)to receive and designate priorities among applications for grants under this section in that State, if— 88 Stat. 591
(i)that State educational agency desires to receive a grant under this part, or
(ii)any local educational agency of that State desires to receive a grant under this part, and notifies the State educational agency concerned, or
(iii)in the case of a preelementary school program any non-profit educational agency or child care institution in that State desires to receive a grant under this part, and notifies the State educational agency concerned.
(e)No agreement may be entered into under this part unless theApplication approval. application submitted to the Commissioner—
(1)has first been approved by the State educational agency, and
(2)is accompanied by assurances that such agency will supervise compliance by the local educational agency in that State with the requirements set forth in subsection
(b)of this section.
(f)The Commissioner may approve any application submitted under this part which meets the requirements of subsections (b), (c), (d), and (e). In approving such applications, the Commissioner may not use any panel (other than employees of the Office of Education) for the purpose of such approval.
(g)In approving applications under this part the CommissionerEquitable distribution of funds. shall, to the maximum extent feasible, assure an equitable distribution of funds throughout the United States and among urban and rural areas. Not more than 12% percent of the funds expended under this part in any fiscal year may be expended in any State in that year. Part B— State Reading Improvement Programs statement of purpose Sec. 711. It is the purpose of this part to provide financial assistance[20 USC 1941](/us/usc/t20/s1941). to the States to enable them—
(1)to provide financial assistance for projects designed to facilitate reaching the objectives of this title;
(2)to develop comprehensive programs to improve reading proficiency and instruction in reading in the elementary schools of the State;
(3)to provide State leadership in the planning, improving, execution, and evaluation of reading programs in elementary schools; and
(4)to arrange for and assist in the training of special reading personnel and specialists needed in programs assisted under this title. applicability and effective date Sec. 712.
(a)The provisions of this part shall become effective only[20 USC 1942](/us/usc/t20/s1942). in any fiscal year in which appropriations made pursuant to section 732(a) exceed $30,000,000 and then only with respect to the amount of*Post*, p. 596. such excess.
(b)The provisions of this part shall be effective on and after the begining of fiscal year 1976. allotments to states Sec. 713.
(1)From the sums appropriated pursuant to section[20 USC 1943](/us/usc/t20/s1943). 732(a) for each fiscal year which are available for carrying out this part, the Commissioner shall reserve such amount, but not in excess of 1 per centum of such sums, as he may determine, and shall 88 Stat. 592apportion such amount to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective, needs for assistance under this title. Of the remainder of such sums, he shall allot an amount to each State which bears the same ratio to the amount available for allotment as the number of school age children (aged 5 to 12, inclusive) in each such State bears to the total number of such children in all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him. The allotment of a State which would be less than $50,000 under the preceding sentence shall be increased to $50,000, and the total of the increases thereby required shall be derived by proportionately reducing the allotments to the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotments to any such remaining States from being reduced to less than $50,000. “State.”(2) For the purpose of this section the term “State” includes the District of Columbia and the Commonwealth of Puerto Rico. Reallotment.(b) The amount allotted to any State under subsection
(a)for any fiscal year which the Commissioner determines will not be required for that year shall be available for reallotment from time to time, on such dates during that year as the Commissioner may fix, to other States in proportion to the amounts originally allotted among those States under subsection
(a)for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates the local educational agencies of such State need and will be able to use for that year; and the total of these reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection from funds appropriated *Post*, p. 596.pursuant to section 732 for any fiscal year shall be deemed part of the amount allotted to it under subsection
(a)for that year. agreements with state educational agencies Sec. 714. [20 USC 1944](/us/usc/t20/s1944).
(a)Any State which desires to receive grants under this part shall, through its State educational agency, enter into an agreement with the Commissioner, in such detail as the Commissioner deems necessary, which—
(1)designates the State educational agency as the sole agency for administration of the agreement;
(2)provides for the establishment of a State advisory council on reading, appointed by the State educational agency, which shall be broadly representative of the educational resources of the State and of the general public, including persons representative of—
(A)public and private nonprofit elementary school children, and
(B)institutions of higher education,
(C)parents of elementary school children, and
(D)areas of professional competence relating to instruction in reading, to advise the State educational agency on the formulation of a standard of excellence for reading programs in the elementary schools and on the preparation of, and policy matters arising in the administration of, the agreement (including the criteria for approval of applications for assistance under such agreement) and in the evaluation of results of the program carried out pursuant to the agreement; 88 Stat. 593
(3)describes the reading programs in elementary schools for which assistance is sought under this part and procedures for giving priority to reading programs which are already receiving Federal financial assistance and show reasonable promise of achieving success;
(4)sets forth procedures for the submission of applications by local educational agencies within that State, including procedures for an adequate description of the reading programs for which assistance is sought under this part;
(5)sets forth criteria for achieving an equitable distribution of that part of the assistance under this part which is made available to local educational agencies pursuant to the second sentence of subsection
(b)of this section, which criteria shall—
(A)take into account the size of the population to be served, beginning with preschool, the relative needs of pupils in different population groups within the State for the program authorized by this title, and the financial ability of the local educational agency serving such pupils,
(B)assure that such distribution shall include grants to local educational agencies having high concentrations of children with low reading proficiency, and
(C)assure an equitable distribution of funds among urban and rural areas;
(6)sets forth criteria for the selection or designation and training of personnel (such as reading specialists and administrators of reading programs) engaged in programs assisted under this part, including training for private elementary school personnel, which shall include qualifications acceptable for such personnel;
(7)provides for the coordination and evaluation of programs assisted under this part;
(8)provides for technical assistance and support services for local educational agencies participating in the program;
(9)makes provision for the dissemination to the educational community and the general public of information about the objectives of the program and results achieved in the course of its implementation;
(10)provides for making an annual report and such otherReports to Commissioner. reports, in such form and containing such information, as the Commissioner may reasonably require to evaluate the effectiveness of the program and to carry out his other functions under this title;
(11)provides that not more than 5 per centum of the amount allotted to the State under section 713 for any fiscal year may be*Ante*, p. 591. retained by the State educational agency for purposes of administering the agreement; and
(12)provides that programs assisted under this part shall be of sufficient size, scope, and quality so as to give reasonable promise of substantial progress toward achieving the purposes of this title.
(b)Grants for projects to carry out the purposes of this part may be made to local educational agencies (subject to the provision of subsection
(e)relating to the participation of private elementary and secondary school pupils), institutions of higher education, and other public and nonprofit private agencies and institutions. Not less than 60 per centum of the amount allotted to a State, under section 713 for any fiscal year shall be made available by the State for grants to local educational agencies within that State. 88 Stat. 594
(c)Commissioner shall enter into an agreement which complies with the provisions of subsection
(a)with any State which desires to enter into such an agreement.
(d)The Commissioner’s final action with respect to entering into an agreement under subsection
(a)shall be subject to the provisions of section 207 of the Elementary and Secondary Education Act of [20 USC 827](/us/usc/t20/s827).1965, relating to judicial review.
(e)The provisions of section 141A of the Elementary and Secondary *Ante*, p, 4 97.Education Act of 1965 relating to the participation of children enrolled in private elementary and secondary schools shall apply to programs assisted under this part. Part C— Other Reading Improvement Programs special emphasis projects Sec. 721. Contract authority.[20 USC 1961](/us/usc/t20/s1961).
(a)The Commissioner is authorized to contract with local educational agencies for special emphasis projects to determine the effectiveness of intensive instruction by reading specialists and reading teachers. Each such project should provide for—
(1)the teaching of reading by a reading specialist for all children in the first and second grades of an elementary school and the teaching of reading by a reading specialist for elementary school children in grades three through six who have reading problems; and
(2)an intensive vacation reading program for elementary school children who are found to be reading below the appropriate grade level or who are experiencing problems in learning to read.
(b)No contract may be entered into under this section unless upon an application made to the Commissioner at such time, in such manner, and including or accompanied by such information as he may reasonably require. Each such application shall provide assurances that— *Ante*, p. 589.(1) the provisions of section 705
(b)are met; and
(2)the State educational agency has certified that individuals employed as reading specialists and reading teachers meet the requirements of subsections
(e)and (f).
(c)No contract may be entered into under this section unless the project has been approved by the. State educational agency. Districtwide project.(d) The Commissioner is authorized to enter into at least one arrangement with a local educational agency for a districtwide project conducted in all schools of such agencies. Tn selecting the districtwide project, the Commissioner shall give priority to an application from a local educational agency if the Commissioner finds that—
(1)the local educational agency will give credit for any course to be developed for reading teachers or reading specialists *Post*, p. 595.under section 722 and will encourage participation by the teachers of such agency in the training;
(2)the local public educational television station will present or distribute, in the event supplementary noncommercial telecommunication is utilized, any course to be developed under section 722 at an hour convenient for the viewing by elementary school teachers, and, if possible, at a time convenient for such teachers to take the course, as a group, at the elementary school where they teach; and
(3)the local educational agency will make arrangements with the appropriate officials of institutions of higher education to obtain academic credit for the completion of such a course. 88 Stat. 595
(e)In any project assisted under this section a reading teacher may be used in lieu of a reading specialist, if the Commissioner finds that the local educational agency participating in a reading emphasis project is unable to secure individuals who meet the requirements of a reading specialist and if such reading teacher is enrolled or will enroll in a program to become a reading specialist. A regular elementary teacher may be used in lieu of a reading teacher if the Commissioner finds that the local educational agency participating in a reading emphasis project is unable to secure individuals who meet the requirements of the reading teacher, and if such regular elementary teacher is enrolled or will enroll in a program to become a reading teacher.
(f)For the purpose of this section and section 722 the term—*Infra*.
(1)“reading specialist” means an individual who has a master’s“Reading specialist.” degree, with a major or specialty in reading, from an accredited institution of higher education and has successfully completed three years of teaching experience, which includes reading instruction, and
(2)“reading teacher” means an individual, with a bachelor’s“Reading teacher.” degree, who has successfully completed a minimum of twelve credit hours, or its equivalent, in courses of the teaching of reading at an accredited institution of higher education, and has successfully completed two years of teaching experience, which includes reading instruction. reading training on public television Sec. 722.
(a)The Commissioner is authorized, through grants or[20 USC 1962](/us/usc/t20/s1962). contracts, to enter into contractual arrangements with institutions of higher education, public or private agencies or organizations, and individuals for—
(1)the preparation, production, evaluation, and distribution for use on public educational television stations of courses for elementary school teachers who are or intend to become reading teachers or reading specialists; and
(2)the preparation and distribution of informational and study course material to be used in conjunction with any such course.
(b)In carrying out the provisions of this section the CommissionerConsultation with specialists. shall consult with recognized authorities in the field of reading, specialists in the use of the communications media for educational purposes, and with the State and local educational agencies participating in projects under this title. reading academies Sec. 723.
(a)The Commissioner is authorized to make grants to[20 USC 1963](/us/usc/t20/s1963). and to enter into contracts with State and local educational agencies, institutions of higher education, community organizations and other nonprofit organizations, having the capacity to furnish reading assistance and instruction to youths and adults who do not otherwise receive such assistance and instruction.
(b)Grants made and contracts entered into under this section shall contain provisions to assure that such reading assistance and instruction will be provided in appropriate facilities to be known as “reading academies”. 88 Stat. 596 Part D— General Provisions evaluation Sec. 731. Report to congressional committees.[20 USC 1981](/us/usc/t20/s1981).
(a)The Commissioner shall submit an evaluation report to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives not later than March 31, in each fiscal year ending prior to fiscal year Contents.1979. Each such report shall—
(1)contain a statement of specific and detailed objectives for the program assisted under the provisions of this title;
(2)include a statement of the effectiveness of the program in meeting the stated objectives, measured through the end of the preceding fiscal year;
(3)make recommendations with respect to any changes or additional legislation deemed necessary or desirable in carrying out the program;
(4)contain a list identifying the principal analyses and studies supporting the major conclusions and recommendations contained in the report; and
(5)contain an annual evaluation plan for the program through the ensuing fiscal year for which the budget was transmitted to Congress by the President, in accordance with section 201(a) of [31 USC 11](/us/usc/t31/s11).the Budget and Accounting Act, 1921.
(b)From the sums appropriated pursuant to section 732 for any fiscal year, the Commissioner may reserve such amount, not in excess of 1 per centum of such sums, as he deems necessary for evaluation, by the Commissioner or by public or private nonprofit agencies, of programs assisted under this title. authorization of appropriations Sec. 732. [20 USC 1982](/us/usc/t20/s1982).*Ante*, pp. 589, 591.
(a)There are authorized to be appropriated to carry out the provisions of parts A and B of this title $30,000,000 for the fiscal year ending June 30, 1975, $82,000,000 for the fiscal year ending June 30, 1976, $88,000,000 for the fiscal year ending June 30, 1977, and $93,000,000 for the fiscal year ending June 30, 1978.
(b)There are authorized to be appropriated to carry out the provisions of section 721, relating to special emphasis projects, $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year ending June 30, 1976, and $25,000,000 for each of the fiscal years ending June 30, 1977 and 1978.
(c)There are authorized to be appropriated for the purpose of carrying out section 722, relating to reading training on public television. $3,000,000 for the fiscal year ending June 30, 1975. Sums appropriated pursuant to this subsection shall remain available for obligation and expenditure through the succeeding fiscal year.
(d)There are authorized to be appropriated to carry out the provisions of section 723, relating to reading academies, $5,000,000 for the fiscal year ending June 30, 1975, $7,500,000 for the fiscal year ending June 30, 1976, and $10,000,000 for each of the fiscal years ending June 30, 1977 and 1978. 88 Stat. 597 TITLE VIII— MISCELLANEOUS PROVISIONS Part A— Policy Statements and White House Conference on Education national policy with respect to equal educational opportunity Sec. 801. Recognizing that the Nation’s economic, political, and[20 USC 1221–1](/us/usc/t20/s1221–1). social security require a well-educated citizenry, the Congress
(1)reaffirms, as a matter of high priority, the Nation’s goal of equal educational opportunity, and
(2)declares it to be the policy of the United States of America that every citizen is entitled to on education to meet his or her full potential without financial barriers. policy with respect to advance funding of education programs Sec. 802. The Congress declares it to be the policy of the United[20 USC 1223 note](/us/usc/t20/s1223). States to implement immediately and continually section 411 of the General Education Provisions Act, relating to advance funding for*Ante*, p. 562. education programs, so as to afford responsible State, local, and Federal officers adequate notice of available Federal financial assistance for education authorized under this and other Acts of Congress. policy of the united states with respect to museums as educational institutions Sec. 803. The Congress, recognizing—[20 USC 1221–2](/us/usc/t20/s1221–2).
(1)that museums serve as sources for schools in providing education for children,
(2)that museums provide educational services of various kinds for educational agencies and institutions and institutions of higher education, and
(3)that the expense of the educational services provided by museums is seldom borne by the educational agencies and institutions taking advantage of the museums’ resources, declares that it is the sense of the Congress that museums be considered educational institutions and that the cost of their educational services be more frequently borne by educational agencies and institutions benefiting from those services. white house conference on education Sec. 804.
(a)The President is authorized to call and conduct a[20 USC 1221–1 note](/us/usc/t20/s1221–1). White House Conference on Education in 1977 (hereafter in this section referred to as the “Conference”) in order to stimulate a national assessment of the condition, needs, and goals of education and to obtainReport. from a group of citizens broadly representative of all aspects of education, both public and non public, a report of findings and recommendations with respect to such assessment,
(1)In carrying out the provisions of this section, participants in conferences and other activities at local, State, and Federal levels are authorized to consider all matters relevant to the purposes of the Conference set forth in subsection (a), but shall give special consideration to the following:
(A)The implementation of the policy set forth in section 801.
(B)The means by which educational systems are financed.
(C)Preschool education (including child care and nutrition programs), with special attention to the needs of disadvantaged children. 88 Stat. 598
(D)The adequacy of primary education in providing all children with the fundamental skills of communication (reading, writing, spelling, and other elements of effective oral and written expression) and mathematics.
(E)The effectiveness of secondary education in preparing students for careers, as well as for postsecondary education.
(F)The place of occupational education (including education in proprietary schools) in the educational structure and the role of vocational and technical education in assuring that the Nation’s requirements for skilled manpower are met.
(G)The structure and needs of postsecondary education, including methods of providing adequate levels of student assistance and institutional support.
(H)The adequacy of education at all levels in meeting the special educational needs of such individuals as handicapped persons, economically disadvantaged, racially or culturally isolated children, those who need bilingual instruction, and gifted and talented children.
(I)Ways of developing and implementing expanded educational opportunities for adults at the basic and secondary education equivalency levels.
(J)The contribution of nonpublic primary and secondary education in providing alternate educational experiences for pupils and a variety of options for parents in guiding their children’s development.
(2)Participants in conference activities at the State and local levels are authorized to narrow the scope of their deliberations to the educational problems which they consider to be most critical in their respective areas, but shall be encouraged by the National Conference Committee (established pursuant to subsection (c)) to consider such problems in the context, or the total educational structure. National Conference Committee.Establishment; membership.(c)
(1)There is established a National Conference Committee (hereafter in this section referred to as the “Committee”), composed of not more than thirty-five members, fifteen of whom shall be appointed by the President, ten of whom shall be appointed by the President pro tempore of the Senate, and ten of whom shall be appointed by the Speaker of the House of Representatives. The Committee shall at its first meeting select a Chairman and a Vice Chairman. Report to President and Congress.(2)
(A)The Committee shall provide guidance and planning for the Conference and shall make a final report (and such interim reports as may be desirable) of the results, findings, and recommendations of the Conference to the President and to the Congress not later than December 1, 1977.
(B)The Committee is authorized to provide such assistance as may be necessary for State and local conference activities in preparation for the National Conference.
(3)The Commissioner shall support the activities of the Committee by providing technical assistance, advice, and consultation. Travel expenses.(4) Members of the Committee shall serve without compensation, but may receive travel expenses (including per diem in lieu of subsistence) as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently, while employed in the business of the Committee away from their homes or regular places of business. [S USC 101 *et seq*](/us/usc/tS/s101).(5) The Committee is authorized to appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, a Conference Director and such professional, technical, and clerical personnel as may be necessary to assist in carrying out its functions under this section. 88 Stat. 599
(1)From the sums appropriated pursuant to subsection (e)Grants. the Commissioner is authorized to make a grant to each State, upon application of the Governor thereof, in order to assist in meeting the costs of that State’s participation in the Conference program (including the conduct of conferences at the State and local levels).
(2)Grants made pursuant to paragraph
(1)shall be made only with the approval of the Chairman of the Committee.
(3)Funds appropriated for the purposes of this subsection shallApportionment of funds. be apportioned among the States by the Commissioner in accordance with their respective needs for assistance under this subsection, except that no State shall be apportioned more than $75,000 nor less than $25,000.
(e)There are authorized to be appropriated, without fiscal yearAppropriation. limitations, such sums as may be necessary to carry out the purposes of this section; and sums so appropriated shall remain available for expenditure until June 30, 1978.
(f)For the purposes of this section, the term “State” includes the“State.” District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. Part B— Educational Studies and Surveys study of purposes and effectiveness of compensatory education programs Sec. 821.
(a)In addition to the other authorities, responsibilities[20 USC 1221e note](/us/usc/t20/s1221e). and duties conferred upon the National Institute of Education (hereinafter referred to as the “Institute”) by section 405 of the General Education Provisions Act and notwithstanding the second sentence[20 USC 1221e](/us/usc/t20/s1221e). of subsection (b)(1) of such section 405, the Institute shall undertake a thorough evaluation and study of compensatory education programs, including such programs conducted by States and such programs conducted under title I of the Elementary and Secondary Education Act of 1965. Such study shall include—*Ante*, p. 488.[20 USC 236](/us/usc/t20/s236).
(1)an examination of the fundamental purposes of such programs, and the effectiveness of such programs in attaining such purposes;
(2)an analysis of means to identify accurately the children who have the greatest need for such programs, in keeping with the fundamental purposes thereof;
(3)an analysis of the effectiveness of methods and procedures for meeting the educational needs of children, including the use of individualized written educational plans for children, and programs for training the teachers of children;
(4)an exploration of alternative methods, including the use of procedures to assess educational disadvantage, for distributing funds under such programs to States, to State educational agencies, and to local educational agencies in an equitable and efficient manner, which will accurately reflect current conditions and insure that such funds reach the areas of greatest current need and are effectively used for such areas;
(5)not more than 20 experimental programs, which shall be reasonably geographically representative, to be administered by the Institute, in cases where the Institute determines that such experimental programs are necessary to carry out the purposes of clauses
(1)through (4), and the Commissioner of Education is 88 Stat. 600authorized, notwithstanding any provision of title I of the Elementary *Ante*, p. 488.[20 USC 236](/us/usc/t20/s236).and Secondary Education Act of 1965, at the request of the Institute, to approve the use of grants which educational agencies are eligible to receive under such title I (in cases where the agency eligible for such grant agrees to such use) in order to carry out such experimental programs; and
(6)findings and recommendations, including recommendations for changes in such title I or for new legislation, with respect to the matters studied under clauses
(1)through (5).
(b)The National Advisory Council on the Education of Disadvantaged Children shall advise the Institute with respect to the design Information, availability.and execution of such study. The Commissioner of Education shall obtain and transmit to the Institute such information as it shall request with respect to programs carried on under title I of the Act. Report to President and Congress.(c) The Institute shall make an interim report to the President and to the Congress not later than December 31, 1976, and shall make a final report thereto no later than nine months after the date of submission of such interim report, on the result of its study conducted under this section. Any other provision of law, rule, or regulation to the contrary notwithstanding, such reports shall not be submitted to any review outside of the Institute before their transmittal to the Congress, but the President and the Commissioner of Education may make to the Congress such recommendations with respect to the contents of the reports as each may deem appropriate.
(d)Sums made available pursuant to section 151
(i)of the Elementary *Ante*, p. 499.and Secondary Education Act of 1965 shall be available to carry out the provisions of this section. Study plan, submittal to Congress.(e)
(1)The Institute shall submit to the Congress, within one hundred and twenty days after the date of the enactment of this Act, a plan for its study to be conducted under this section. The Institute shall have such plan delivered to both Houses on the same day and to each House while it is in session. The Institute shall not commence such study until the first day after the close of the first period of thirty calendar days of continuous session of Congress after the date of the delivery of such plan to the Congress.
(2)For purposes of paragraph (1)—
(A)continuity of session is broken only by an adjournment of Congress sine die; and
(B)the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day period. survey and study for updating number of children counted Sec. 822. [20 USC 241c note](/us/usc/t20/s241c).
(a)The Secretary of Commerce shall, in consultation with the Secretary of Health, Education, and Welfare, expand the current population survey (or make such other 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 purposes of section 103(c)(1)(A) of title I of the Elementary and Secondary Act of *Ante*, p. 488.Report to Congress.1965. Such survey shall be made, and a report of the results of such survey shall be made jointly by the Secretary of Commerce and the Secretary of Health, Education, and Welfare to the Congress, not later than one year after the date of the enactment of this Act.
(b)The Secretary of Health, Education, and Welfare and the Secretary of Commerce shall study the feasibility of updating the number of children counted for purposes of section 103(c) of title I of the Act 88 Stat. 601in school districts of local educational agencies in order to make adjustments in the amounts of the grants for which local educational agencies within a State are eligible, under section 103(a)(2) of the Act, and shall report to the Congress, no later than one year after the*Ante*, p. 488.Report to Congress. date of enactment of this Act, the results of such study, which shall include an analysis of alternative methods for making such adjustments, together with the recommendations of the Secretary of Health, Education, and Welfare and the Secretary of Commerce with respect to which such method or methods are most promising for such purpose, together with a study of the results of the expanded population survey, authorized in subsection
(a)(including analysis of its accuracy and the potential utility of data derived therefrom) for making adjustments in the amounts paid to each State under section 144(a)(1) of title I of such Act.
(c)No method of making adjustments directed to be considered pursuant to subsection
(a)or subsection
(b)shall be implemented unless such method shall first be enacted by the Congress.[20 USC 241h](/us/usc/t20/s241h). study of the measure of poverty used under title i of the elementary and secondary education act of 1905 Sec. 823. The Assistant Secretary shall supervise, with the full[20 USC 241a note](/us/usc/t20/s241a). participation of the National Institute of Education and the National Center for Education Statistics, a thorough study of the manner in which the relative measure of poverty for use in the financial assistance program authorized by title I of the Elementary and Secondary Education Act of 1965 may be more accurately and currently developed.*Ante*, p. 488.[20 USC 236](/us/usc/t20/s236). The study of the relative measure of poverty required by this subsection shall be adjusted for regional, climatic, metropolitan, urban, suburban, and rural differences and for family size and head of household differences. The study required by this section shall consider—Study considerations.
(A)the availability of data more current than the decennial census including data collected by any agency of the Federal Government which are relevant except that data so collected shall not disclose the name of any individual or any other information customarily held confidential by that agency, but shall include aggregate information to the extent possible;
(B)the availability and usefulness of cost of living data;
(C)the availability and usefulness of cost of housing data;
(D)the availability and usefulness of labor market and job availability data;
(E)the availability and usefulness of data with respect to prevailing wage rates, unemployment rates, and income distribution; and
(F)the availability of data with respect to eligibility criteria for aid to families with dependent children under a State plan approved under title IV of the Social Security Act.[42 USC 601](/us/usc/t42/s601).
(2)The Assistant Secretary is authorized and directed to prepareReport to Congress. and submit to the Congress not later than one year after the effective date of this Act a report of the study conducted under this subsection including recommendations with respect to the availability of data designed to improve the relative measure of poverty for the program of financial assistance authorized by title I of the Elementary and Secondary Education Act of 1965. Whenever the Assistant Secretary determines that data specified in paragraph
(1)of this subsection are not available or that it is impractical to obtain data for each relevant area or category, the report shall contain an explanation of the reasons therefor. 88 Stat. 602 study of late funding of elementary and secondary education programs Sec. 824. [20 USC 241a note](/us/usc/t20/s241a).
(a)The Commissioner shall make a full and complete investigation and study to determine—
(1)the extent to which late funding of Federal programs to assist elementary and secondary education handicaps local educational agencies in the effective planning of their education programs, and the extent to which program quality and achievement of program objectives is adversely affected by such late funding, and
(2)means by which, through legislative or administrative action, the problem can be overcome. Report to Congress.(b) Not later than one year after the date of enactment of this Act, the Commissioner shall make a report to the Congress on the study required by subsection (a), together with such recommendations as he may deem appropriate. safe school study Sec. 825. [20 USC 241a note](/us/usc/t20/s241a).
(a)The Secretary shall make a full and complete investigation and study, including necessary research activities, during the period beginning upon the date of enactment of this Act and ending June 30, 1976, to determine—
(1)the frequency, seriousness, and incidence of crime in elementary and secondary schools in the States;
(2)the number and location of schools affected by crime;
(3)the per-pupil average incidence of crimes in elementary and secondary schools in urban, suburban, and rural schools located in all regions of the United States;
(4)the cost of replacement and repair of facilities, books, supplies, equipment, and other tangible objects seriously damaged or destroyed as the result of crime in such schools; and
(5)the means by which crimes are attempted to be prevented in such schools and the means by which crimes may more effectively be prevented in such schools. Information submittal to Secretary.(b) Within thirty days after the date of the enactment of this Act, the Secretary shall request each State educational agency to take the steps necessary to establish and maintain appropriate records to facilitate the compilation of information under clauses
(2)and
(3)of subsection
(a)and to submit such information to him no later than seven months after the date of enactment of this Act. In conducting this study, the Secretary shall utilize data and other information available as a result of any other studies which are relevant to the objectives of this section. Report to Congress.(c) Not later than December 1, 1976, the Secretary’ shall prepare and submit to the Congress a report on the study required by this section, together with such recommendations as he may deem appropriate. In such report, all information required under each paragraph of subsection
(a)of this section shall be stated separately and be appropriately labeled, and shall be separately stated for elementary and secondary schools, as defined in sections 801
(c)and
(d)of the [20 USC 881](/us/usc/t20/s881).Elementary and Secondary Education Act of 1965. Reimbursement to State agencies.(d) The Secretary may reimburse each State educational agency for the amount of expenses incurred by it in meeting the requests of the Secretary under this section. Appropriation.(e) There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. 88 Stat. 603 study of athletic injuries Sec. 826.
(a)The Secretary shall make a full and complete investigation[20 USC 241a note](/us/usc/t20/s241a). and study to determine—
(1)the number of athletic injuries to, and deaths of male and female students occurring in athletic competition between schools, in any practice session for such competition, and in any other school-related athletic activities for the twelve-month period beginning sixty days after the date of enactment of this Act;
(2)the number of athletic injuries and deaths occurring (for the twelve-month period under clause (1)) at each school with an athletic trainer or other medical or health professional personnel trained to prevent or treat such injuries and at each school without such personnel.
(b)Within fifty days after the date of enactment of this Act, theInformation, submittal to Secretary. Secretary shall request each school to maintain appropriate records to enable it to compile information under subsection
(a)and shall request such school to submit such information to the Secretary immediately after the twelve-month period beginning sixty days after the date of enactment of this Act. Not later than eighteen months after the dateReport to Congress. of enactment of this Act, the Secretary shall make a report to the Congress on the study required by subsection (a), together with such recommendations as he may deem appropriate. In such report, all information required under each paragraph of subsection
(a)shall be stated separately for the two groups of schools under clauses
(1)and
(2)of subsection (c), except that the information shall also be stated separately (and shall be excluded from the group under clause (2)) for institutions of higher education which provide either of the two-year programs described in section 801 (E)(3) of the Elementary and Secondary Education Act of 1965.[20 USC 881](/us/usc/t20/s881).
(c)For the purposes of this section, the term “school” means (1)“School.” any secondary school or
(2)any institution of higher education, as defined in section 801 of the Elementary and Secondary Education Act of 1965.
(d)There is authorized to be appropriated the sum of $75,000 toAppropriation. carry out the provisions of this section. Part C— Amendments to the Higher Education Act of 1935 community service and continuing education amendments Sec. 831. Section 111 of the Higher Education Act of 1965 is amended[20 USC 1009](/us/usc/t20/s1009). by adding at the end thereof the following new sentence: “Subject to section 448(b) of the General Education Provisions Act, the Advisory[20 USC 1233g](/us/usc/t20/s1233g). Council shall continue to exist through June 30, 1975.” developing institutions amendment Sec. 812. Section 302(a)(2) of the Higher Education Act of 1965Waiver.[20 USC 1052](/us/usc/t20/s1052). is amended by adding at the end thereof the following new sentence: “The Commissioner is authorized to waive three years of the requirements set forth in clause
(C)of paragraph
(1)in the case of applications for grants under this title by institutions if the Commissioner determines such action will substantially increase higher education for Spanish-speaking people.”. bilingual education amendments Sec. 833.
(1)Clause
(B)of section 417B(b)(3) of the Higher Education Act of 1965 is amended by inserting “(i)” after the word[20 USC 1070d–1](/us/usc/t20/s1070d–1). “who” and by inserting before the semicolon at the end thereof a 88 Stat. 604comma and the following: “or
(ii)by reason of limited English-speaking ability, are in need of bilingual educational teaching, guidance, and counseling in order to enable them to pursue a post-secondary education”. [20 USC 1070d–1](/us/usc/t20/s1070d–1).(2) Section 417B of such Act is amended by adding at the end thereof the following new subsection: " “(d) Recipients of grants or contracts for the purposes of clause (3)(ii) of subsection
(b)shall include in their curriculum a program of English language instruction for students of limited English-speaking ability.”. " Effective date.[20 USC 1070d–1 note](/us/usc/t20/s1070d–1).(b) The amendments made by this section shall be effective upon the enactment of this Act. veterans cost of instruction payments amendments Sec. 834.
(1)Paragraph
(1)of section 420(a) of the Higher [20 USC 1070e–1](/us/usc/t20/s1070e–1).Education Act of 1965 is amended to read as follows: " “(1) During the period beginning July 1, 1972, and ending June 30, 1975, each institution of higher education shall be entitled to a payment under, and in accordance with, this section during any fiscal year if— “(A) the number of persons who are veterans receiving vocational rehabilitation under chapter 31 of title 38, United States [38 USC 1501](/us/usc/t38/s1501).[38 USC 1651](/us/usc/t38/s1651).Code, or veterans receiving educational assistance under chapter 34 of such title, and who are in attendance as undergraduate students at such institution during any academic year, equals at least— “(i) 110 per centum of the number of such recipients who were in attendance at such institution during the preceding academic year, or “(ii) 10 per centum of the total number of undergraduate students in attendance at such institution during such academic year and if such number does not constitute a per centum of such undergraduate students which is less than such per centum for the preceding academic year; and “(B) the number of such persons is at least 25.”. "
(2)The first sentence of paragraph
(2)of section 420(a) of such Act is amended by inserting before the period a comma and the following: “or equals at least the minimum number of such persons necessary to establish eligibility to entitlement under paragraph
(1)during the preceding academic year, whichever is less”.
(3)Section 420(d) of such Act is amended by inserting “(1)” after “(d)” and by adding at the end thereof the following new paragraph: " “(2) The maximum amount of payments to any institution of higher education, or any branch thereof which is located in a community which is different from that in which the parent institution thereof is located, in any fiscal year, shall be $135,000. In making payments under this section for any fiscal year, the Commissioner shall apportion the appropriation for making such payments, from funds which become available as a result of the limitation on payments set forth in the preceding sentence, in such a manner as will result in the receipt by each institution which is eligible for a payment under this section of first $9,000 (or the amount of its entitlement for that fiscal year, whichever is less) and then additional amounts up to the limitation set forth in the preceding sentence.”. "
(4)Section 420(e) of such Act is amended by striking out the matter preceding the word “except” and inserting in lieu thereof the fol-88 Stat. 605lowing: “Not less than 75 per centum of the amounts paid to any institution under subsection
(d)in any fiscal year shall be used to implement the requirement of clause (B)(i) of paragraph
(1)of subsection (c), and, to the extent that such funds remain after implementing such requirements, funds limited by such 75 per centum requirement shall be used for implementing the requirements of clauses (B)(ii), (iii), and
(iv)of such paragraph (1),”.
(b)The amendments made by this section shall take effect on theEffective date.[20 USC 1070e–1 note](/us/usc/t20/s1070e–1). date of the enactment of this Act. teacher corps amendments Sec. 835.
(1)Section 511 of the Higher Education Act of 1965[20 USC 1101](/us/usc/t20/s110) is amended—
(A)by inserting after “teacher preparation” in the matter preceding paragraph
(1)the following: “and to encourage institutions of higher education and local educational agencies to improve programs of training and retraining for teachers and teacher aides”;
(B)by striking out “and” at the end of paragraph (3);
(C)by striking out the period at the end of paragraph
(4)and inserting in lieu thereof a semicolon and “and”;
(D)by inserting after paragraph
(4)the following new paragraph: " “(5) supporting demonstration projects for retraining experienced teachers and teacher aides serving in local educational agencies.”. "
(2)Section 513(a) of such Act is amended by inserting in paragraph[20 USC 1103](/us/usc/t20/s1103).
(1)after “experienced teachers” a comma and the following: “teacher aides”.
(3)Section 513
(c)of such Act is amended—
(A)by striking out “3 per centum” in paragraph
(2)and inserting in lieu thereof “5 per centum”;
(B)by striking out in paragraph
(2)“and the Virgin Islands” and inserting in lieu thereof “the Virgin Islands, Guam, American Samoa and the Trust Territory of the Pacific. Islands”; and
(C)by striking out in paragraph
(2)“or the Virgin Islands” and inserting in lieu thereof “the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific Islands”.
(4)Section 514(a)(2) of such Act is amended to read as follows:Compensation.[20 USC 1104](/us/usc/t20/s1104). " “(2) a teacher intern shall be compensated at such rates as the Commissioner may determine to be consistent with the nature of the program and with prevailing practices under comparable federally supported programs or local projects, not to exceed $150 per week plus $15 per week for each dependent; and” "
(b)The amendments made by subsection
(a)shall be effective onEffective date.[20 USC 1101 note](/us/usc/t20/s1101). and after July 1, 1974. amendment to title ix respecting training in the legal. profession Sec. 836.
(a)Part D of title IX of the Higher Education Act of 1965 is amended by adding at the end thereof the following new section: " “assistance for training in the legal profession “Sec. 966.
(a)The Commissioner is authorized prior to July 1, 1978,[20 USC 1134r–1](/us/usc/t20/s1134r–1). to make grants to, or enter into contracts with, public and private agencies and organizations other than institutions of higher education for the purpose of assisting individuals from disadvantaged 88 Stat. 606backgrounds, as determined in accordance with criteria prescribed by the Commissioner, to undertake training for the legal profession. “(b) Grants made, and contracts entered into under, subsection
(a)may cover, in accordance with regulations of the Commissioner, all or part of the cost of— “(1) selecting individuals from disadvantaged backgrounds for training for the legal profession, “(2) facilitating the entry of such individuals into institutions of higher education for the purpose of pursuing such training, “(3) providing counseling or other services designed to assist such individuals to complete successfully such training, “(4) providing, for not more than three months prior to the entry of such individuals upon their courses of training for the legal profession, preliminary training for such individuals designed to assist them to complete successfully such training for the legal profession, “(5) paying such stipends (including allowances for travel and for dependents) as the Commissioner may determine for such individuals for any such period of preliminary training or for any period of training for the legal profession during which such individuals maintain satisfactory academic proficiency, as determined by the Commissioner, and “(6) paying for administrative activities of the agencies and organizations which receive such grants, or with which such contracts are entered into, to the extent such activities are for the purpose of furthering activities described in clauses
(1)through (5). “(c) The activities authorized under this section may be carried out without regard to the requirements and limitations set forth in [20 USC 1134*o*, 1134p](/us/usc/t20/s1134o/s1134p).sections 962 and 963 of this part.”. " Effective date.[20 USC 1134r–1 note](/us/usc/t20/s1134r–1).(b) The amendment made by subsection
(a)shall become effective on September 1, 1974. community college and occupational education amendment Sec. 837. [20 USC 1135](/us/usc/t20/s1135). Section 1001 (b)(1) is amended by striking out “1974” and inserting in lieu thereof “1975”. Part D— Other Miscellaneous Provisions amendments to the library services and construction act and the vocational education act of 1963 relating to bilingual education and vocational training Sec. 841.
(1)Section 102 of the Vocational Education Act of [20 USC 1242](/us/usc/t20/s1242).1963 is amended by redesignating subsection (c), and all references thereto, as subsection (d), and by adding after subsection
(b)thereof the following new subsection: " Appropriation.“(c) There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, for the purpose of carrying out *Post*, p. 607.section 122(a)(4)(C). Nothing in this subsection shall be construed to affect the availability for such purpose of appropriations made pursuant to subsection (a).”. " [20 USC 1244](/us/usc/t20/s1244).(2) Clause
(D)of section 104(a)(1) of such Act is amended by inserting before the comma at the end thereof the following: “and of persons of limited English-speaking ability (as defined in section 703
(a)of title VII of the Elementary and Secondary Education Act of *Ante*, p. 504.1965)”. 88 Stat. 607
(3)Clause (A)(vii) of section 104(b)(1) of such Act is amended[20 USC 1244](/us/usc/t20/s1244). by inserting before the comma at the end thereof the following: “(and may include, where appropriate, students who are persons of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965))”.*Ante*, p. 504.
(4)Section 108 of such Act is amended by adding at the end thereof[20 USC 1248](/us/usc/t20/s1248). the following new paragraphs: " “(14) The term ‘vocational training’ means training or retraining“Vocational training.” which is conducted as part of a program designed to prepare individuals for gainful employment as semiskilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations, but excluding any program to prepare individuals for employment in occupations which the Commissioner determines, and specifies by regulation, to be generally considered professional which requires a baccalaureate or higher degree; such term includes guidance and counseling (either individually or through group instruction) in connection with such training or for the purpose of facilitating occupational choices; instruction related to the occupation or occupations to which the students are in training or instruction necessary for students to benefit from such training; the training of persons engaged as, or preparing to become, instructors in a vocational training program; travel of students and vocational training personnel while engaged in a training program; and the acquisition, maintenance, and repair of instructional supplies, aids, and equipment, but such term does not include the construction, acquisition, or initial equipment of buildings or the acquisition or rental of land. “(15) The term ‘postsecondary educational institution’ means a“Post secondary educational institution.” nonprofit institution legally authorized to provide postsecondary education within a State for persons sixteen years of age or older, who have graduated from or left elementary or secondary school.”. "
(A)Clause
(4)of section 122(a) of such Act is amended by[20 USC 1262](/us/usc/t20/s1262). adding at the end thereof the following: " “(C) vocational education for students of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965) carried out in coordination with bilingual education programs under such title VII and bilingual adult education programs under section 306(a)(11) of the Adult Education Act;”.*Ante*, p. 578. "
(6)Section 191 of such Act, and all references thereto, is redesignated[20 USC 1391](/us/usc/t20/s1391). as section 189.
(7)Title I of such Act is amended by adding at the end thereof the following new part: " “Part J— Bilingual Vocational Training “statement of findings “Sec. 191. The Congress hereby finds that one of the most acute[20 USC 1393](/us/usc/t20/s1393). problems in the United States is that which involves millions of citizens, both children and adults, whose efforts to profit from vocational training is severely restricted by their limited English-speaking ability because they come from environments where the dominant language is other than English; that such persons are therefore unable to help to fill the critical need for more and better trained personnel in vital occupational categories; and that such persons are unable to make their maximum contribution to the Nation’s economy and must, in fact, suffer the hardships of unemployment or underemployment. The Congress further finds that there is a critical shortage of instructors 88 Stat. 608possessing both the job knowledge and skills and the dual language capabilities required for adequate vocational instruction of such language-handicapped persons, and a corresponding shortage of instructional materials and of instructional methods and techniques suitable for such instruction. “general responsibilities of the commissioner “Sec. 192. [20 USC 1393a](/us/usc/t20/s1393a).
(a)The Commissioner and the Secretary of Labor together shall— “(1) develop and disseminate accurate information on the status of bilingual vocational training in all parts of the United States; “(2) evaluate the impact of such bilingual vocational training on the shortages of well-trained personnel, the unemployment or underemployment of persons with limited English-speaking ability, and the ability of such persons to contribute fully to the economy of the United States; and Report to President and Congress.“(3) report their findings annually to the President and the Congress. Consultation with Secretary of Labor.“(b) The Commissioner shall consult with the Secretary of Labor with respect to the administration of this part. Regulations and guidelines promulgated by the Commissioner to carry out this part shall be consistent with those promulgated by the Secretary of Labor pursuant to section 301
(b)of the Comprehensive Employment and Training [29 USC 871](/us/usc/t29/s871).Act of 1973 and shall be approved by the Secretary of Labor before issuance. “authorization of appropriations “Sec. 193. [20 USC 1393b](/us/usc/t20/s1393b). There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, to carry out the provisions of this part. “authorization of grants “Sec. 194. Bilingual vocational training.[20 USC 1393c](/us/usc/t20/s1393c).
(a)From the sums made available for grants under this part pursuant to section 193, the Commissioner is authorized to make grants to and enter into contracts with appropriate State agencies, local educational agencies, postsecondary educational institutions, private nonprofit vocational training institutions, and to other nonprofit organizations especially created to serve a group whose language as normally used is other than English in supplying training in recognized occupations and new and emerging occupations, and to enter into contracts with private for-profit agencies and organizations, to assist them in conducting bilingual vocational training programs for persons of all ages in all communities of the United States which are designed to insure that vocational training programs are available to all individuals who desire and need such bilingual vocational training. Payments to applicants.“(b) The Secretary shall pay to each applicant which has an application approved under this part an amount equal to the total sums expended by the applicant for the purposes set forth in that application. “use of federal funds “Sec. 195. [20 USC 1393d](/us/usc/t20/s1393d).*Post*, p. 609. Grants and contracts under this part may be used, in accordance with applications approved under section 197, for— “(1) bilingual vocational training programs for persons who have completed or left elementary or secondary school and who are available for training by a postsecondary educational institution; 88 Stat. 609 “(2) bilingual vocational training programs for persons who have already entered the labor market and who desire or need training or retraining to achieve year-round employment, adjust to changing manpower needs, expand their range of skills, or advance in employment; and “(3) training allowances for participants in bilingual vocational training programs subject to the same conditions and limitations as are set forth in section 111 of the Comprehensive Employment and Training Act of 1973.[29 USC 821](/us/usc/t29/s821). “applications “Sec. 196.
(a)A grant or contract for assistance under this part may[20 USC 1393e](/us/usc/t20/s1393e). be made only upon application to the Commissioner at such time, in such manner, and containing or accompanied by such information as the Commissioner deems necessary. Each such application shall— “(1) provide that the activities and services for which assistance under this part is sought will be administered by or under the supervision of the applicant; “(2) set forth a program for carrying out the purposes described in section 195; and*Ante*, p. 608. “(3) set forth a program of such size, scope, and design as will make a substantial contribution toward carrying out the purposes of this part. “(b) No grant or contract may be made under this part directly to a local educational agency or a postsecondary educational institution or a private vocational training institution or any other eligible agency or organization unless that agency, institution, or organization has submitted the application to the State board established under part B of this title, or in the case of a State that does not have such a board, the[20 USC 1261](/us/usc/t20/s1261). similar State agency, for comment and includes the comment of that board or agency with the application. “application approval by the commissioner “Sec. 197.
(a)The Commissioner may approve an application forConditions.[20 USC 1393f](/us/usc/t20/s1393f). assistance under this part only if— “(1) the application meets the requirements set forth in subsection
(a)of the previous section; “(2) in the case of an application submitted for assistance under this part to an agency, institution, or organization other than the State board established under part B of this title, the requirement of subsection
(b)of the previous section is met; and “(3) in the case of an application submitted for assistance under this part, the Commissioner determines that the program is consistent with criteria established by him, where feasible, after consultation, with the State board established under part B of this title, for achieving equitable distribution of assistance under this part within that State. “(b) An amendment to an application shall, except as the Secretary may otherwise provide, be subject to approval in the same manner as the original application.”. "
(b)Clause
(4)of section 6(b) of the Library Services and Construction Act is amended by inserting before the period at the end[20 USC 351d](/us/usc/t20/s351d). thereof a comma and the following: “and to programs and projects which serve areas with high concentrations of persons of limited 88 Stat. 610English-speaking ability (as defined in section 703(a) of title VII of *Ante*, p. 504.the Elementary and Secondary Education Act of 1965, as amended)”. Effective date.[20 USC 1242 note](/us/usc/t20/s1242).(c) The amendments made by this section shall be effective on and after July 1, 1974. assistance to states for state equalization plans Sec. 842. Reimbursement to States.[20 USC 246](/us/usc/t20/s246).
(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 Submittal to Commissioner.section. Each plan developed pursuant to, or which meets the requirements of, this section shall be submitted to the Commissioner not later than July 1, 1977, 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. Guidelines.Publication in Federal Register; submittal to President of the Senate and Speaker of the House.(2) The Commissioner shall develop guidelines defining the principles set forth in clauses
(A)and
(B)of paragraph (1). Not later than April 1, 1975, the Commissioner 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 Commissioner shall provide interested parties with an opportunity to present views and make recommendations with respect to such guidelines. Republication in Federal Register.Not later than July 1, 1975, the Commissioner 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 Commissioner respecting such views and recommendations. Submittal to President of the Senate and Speaker of the House.(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 Commissioner shall, prior to New guidelines.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. Resolution of disapproval.(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. 88 Stat. 611
(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)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.
(1)Each State that develops a plan under this section shall beReimbursement to States, limitation. 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“State.” fifty States. treatment of puerto rico as a state Sec. 843.
(1)Section 143(b) of the Elementary and Secondary Education Act of 1965, 202(a)(1), and 302(a)(1) of such Act are[20 USC 241g, 822, 842](/us/usc/t20/s241g/s822/s842). each amended by striking out “Puerto Rico,”,
(2)Section 202(a)(2), 302(a)(2), 307(b),502(a)(1),522(a), 531 (c)(1)(A), and 531(c)(1)(B) of such Act are each amended by striking[20 USC 845, 862, 866a, 857](/us/usc/t20/s845/s862/s866a/s857). out “the Commonwealth of Puerto Rico,” each time it appears.
(3)Sections 202(a)(1) and 302(a)(1) of such Act are each amended by striking out “3 per centum” and inserting in lieu thereof “1 per centum”. Sections 502(a)(1), 522(a), and 531(c)(1)(A) of such Act are each amended by striking out “2 per centum” and inserting in lieu thereof“! per centum”.
(1)Effective after June 30, 1975, section 612(a)(1) of the EducationEffective dates.[20 USC 1412 and note](/us/usc/t20/s1412). of the Handicapped Act is amended by striking out “Puerto Rico,”
(2)Effective after June 30 1975, sections 612(a)(2) and 613(a)(1) of the Education of the Handicapped Act are each amended by striking[20 USC 1413](/us/usc/t20/s1413). out “the Commonwealth of Puerto Rico,”.
(3)Effective after June 30, 1975, section 612(a)(1) of the Education of the Handicapped Act is amended by striking out “3 per centum” and inserting in lieu thereof “1 per centum”.
(1)Section 303(f) of the Adult Education Act is amended by[20 USC 1202](/us/usc/t20/s1202). striking out “the Commonwealth of Puerto Rico,” where it occurs, and by inserting “the Commonwealth of Puerto Rico,” after “the District of Columbia,”.
(2)Section 305
(a)of such Act is amended by striking out “Puerto[20 USC 1204](/us/usc/t20/s1204). Rico,”.
(3)Section 305
(a)of the Adult Education Act is amended by striking out “2 per centum” and inserting in lieu thereof “1 per centum”.
(d)Notwithstanding any provision of part. A of title I of the[20 USC 241c note](/us/usc/t20/s241c).[20 USC 241c](/us/usc/t20/s241c). Elementary and Secondary Education Act of 1965, the amount which the Commonwealth of Puerto Rico is eligible to receive under subpart. 1 of such part A or under sections 121, 122, or 123 for the fiscal year*Ante*, p. 491. ending June 30, 1975, shall not exceed 50 per centum of the full amount the Commonwealth of Puerto Rico would receive (after required 88 Stat. 612ratable reductions) under such subpart or section but for this subsection, and for the fiscal years ending June 30, 1976, June 30, 1977, and June 30, 1978, such amount shall not exceed 75 per centum of the full amount the Commonwealth of Puerto Rico would receive (after required ratable reductions) under such subpart or section but for this subsection. Effective date.[20 USC 241g note](/us/usc/t20/s241g).(e) Unless otherwise specifically provided, the amendments made by this section shall be effective on and after July 1, 1974. provision relating to sex discrimination Sec. 844. Proposed regulations, publication.[20 USC 1681 note](/us/usc/t20/s1681).[20 USC 1681](/us/usc/t20/s1681). The Secretary shall prepare and publish, not later than 30 days after the date of enactment of this Act, proposed regulations implementing the provisions of title IX of the Education Amendments of 1972 relating to the prohibition of sex discrimination in federally assisted education programs which shall include with respect to intercollegiate athletic activities reasonable provisions considering the nature of particular sports. extension of advisory councils Sec. 845.
(a)Section 148(c) of the Elementary and Secondary [20 USC 241*l*](/us/usc/t20/s241l).Education Act of 1965 is amended by adding at the end thereof the following new sentence: “Subject to section 448(b) of the General [20 USC 1233g](/us/usc/t20/s1233g).Education Provisions Act, the National Council shall continue to exist until July 1, 1978.”
(b)Section 309(c) of the Elementary and Secondary Education [20 USC 847a](/us/usc/t20/s847a).Act of 1965 is amended by adding at the end thereof the following new sentence: “Subject to section 448(b) of the General Education Provisions Act, the Council shall continue to exist until July 1, 1978, except that the Council shall not exist during any year for which funds are available for obligation by the Commissioner for carrying [20 USC 1221](/us/usc/t20/s1221).out title IV.”.
(c)Section 708(a) of the Elementary and Secondary Education [20 USC 880b–5](/us/usc/t20/s880b–5).Act of 1965 is amended by adding at the end thereof the following new sentence: “Subject to section 448(b) of the General Education Provisions Act, the Advisory Committee shall continued to exist until July 1, 1978.”. [20 USC 1221g](/us/usc/t20/s1221g).(d) Section 442(a) of the Education Amendments of 1972 is amended by adding at the end thereof the following new sentence: “Subject to section 448(b) of the General Education Provisions Act, the National Council shall continue to exist until July 1, 1978.”. [20 USC 1615](/us/usc/t20/s1615).(e) Section 716(b) of the Emergency School Aid Act is amended by adding at the end thereof the following new sentence: “Subject to section 448(b) of the General Education Provisions Act, such Council shall continue to exist until July 1, 1975.”. [20 USC 1209](/us/usc/t20/s1209).(f) Section 310(b) of the Adult Education Act is amended by adding at the end thereof the following new sentence: “Subject to section 448(b) of the General Education Provisions Act, the Council shall continue to exist until July 1, 1978.”.
(g)Section 104(a) of the Vocational Education Act of 1963 is [20 USC 1244](/us/usc/t20/s1244).amended by adding at the end thereof the following new sentence: “Subject to section 448(b) of the General Education Provisions Act, the National Council shall continue to exist until July 1, 1976.”. 88 Stat. 613 separability Sec. 846. If any provision of, or any amendment made by, titles[20 USC 241b note](/us/usc/t20/s241b).*Ante*, pp. 488–535.USC prec. title 1. I and IV of this Act is held invalid by reason of being inconsistent with the Constitution, all provisions of this Act and amendments made by this Act which are separable from such invalid provision or amendment shall remain in effect. If any such provision or amendment is held invalid in one or more applications of such provision or amendment, such provision or amendment shall remain in effect in all valid applications which are separable from any such application. Approved August 21, 1974. Public Law 93–381: Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1975, and for other purposes. Public Law 381 Public Law 93–381 1974-08-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–381 AN ACT Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1975, and for other purposes.August 21, 1974 [[H. R. 15544](/us/bill/93/hr/15544)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the following Treasury, Postal Service, and General Government Appropriation Act, 1975. sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1975, and for other purposes, namely: TITLE I—TREASURY DEPARTMENTTreasury Department Appropriations Act, 1975. Office of the Secretary salaries and expenses For necessary expenses in the Office of the Secretary, including the operation and maintenance of the Treasury Building and Annex thereof; hire of passenger motor vehicles; and not to exceed $10,000 for official reception and representation expenses; $25,850,000, of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential character, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate, and of which $3,600,000 shall be for repairs and improvements to Treasury buildings and shall remain available until expended. Federal Law Enforcement Training Center salaries and expenses For necessary expenses of the Federal Law Enforcement Training Center, including purchase of six passenger motor vehicles for police-type use; and the hire of passenger motor vehicles; $3,100,000. 88 Stat. 614 construction For necessary expenses for preparation of plans and specifications, acquisition of land, and construction of facilities for the Federal Law Enforcement Training Center, $18,915,000, to remain available until expended: *Provided*, That such sums as are necessary may be transferred to the General Services Administration for execution of the work. expenses for economic stabilization (liquidating functions) For expenses necessary to enable the Secretary of the Treasury to terminate and provide for an orderly phaseout by December 31, 1974, of the economic stabilization activities conducted under the Economic Stabilization Act of 1970, as amended, including services as authorized [12 USC 1904](/us/usc/t12/s1904) note. [5 USC 5332](/us/usc/t5/s5332) note. by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for GS–18, $2,000,000: *Provided*, That advances, repayments or transfers may be made to any department or agency for expenses of such termination. Bureau of Accounts salaries and expenses For necessary expenses of the Bureau of Accounts, $100,000,000. Payment of Government Losses in Shipment For payment of Government losses in shipment, in accordance with section 2 of the Act approved July 8, 1937 (40 U.S.C. 722), $600,000. Bureau of Alcohol, Tobacco and Firearms salaries and expenses For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms including purchase of (not to exceed two hundred and forty for replacement only, for police-type use), and hire of passenger motor vehicles; hire of aircraft; and services of expert witnesses at such rates as may be determined by the Director; $92,000,000. United States Customs Service salaries and expenses For necessary expenses of the United States Customs Service, including purchase of eighty-nine passenger motor vehicles (of which seventy-eight shall be for replacement only), including seventy-nine 88 Stat. 615 for police-type use; acquisition (purchase of two), operation, and maintenance of aircraft; hire of passenger motor vehicles and aircraft; and awards of compensation to informers as authorized by the Act of August 13, 1953 (22 U.S.C. 401); $284,800,000, of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations. Bureau of the Mint salaries and expenses For necessary expenses of the Bureau of the Mint, including purchase of one passenger motor vehicle for replacement only; and not to exceed $2,500 for the expenses of the annual assay commission; $32,000,000. Bureau of the Public Debt administering the public debt For necessary expenses connected with any public-debt issues of the United States, $88,500,000. Internal Revenue Service salaries and expenses For necessary expenses of the Internal Revenue Service, not otherwise provided for, including executive direction, administrative support, and internal audit and security; hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; $41,000,000. accounts, collection and taxpayer service For necessary expenses of the Internal Revenue Service for processing tax returns, revenue accounting, providing assistance to taxpayers, securing unfiled tax returns, and collecting unpaid taxes; hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; including not to exceed $10,000,000 for employees on temporary appointments and not to exceed $183,000 for salaries of personnel engaged in preemployment training of data transcriber applicants; $712,600,000. compliance For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities, and for investigation and enforcement activities, including purchase (not to exceed two hundred and three of which seventy-eight shall be for replacement only, for police-type use) and hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; $791,000,000. 88 Stat. 616 Federal Tax Lien Revolving Fund For increased capitalization of the revolving fund for redemption of real property, established by the Federal Tax Lien Act of 1966 (26 U.S.C. 7810(a)), $500,000. Office of the Treasurer salaries and expenses For necessary expenses of the Office of the Treasurer, $14,000,000. United States Secret Service salaries and expenses For necessary expenses for the operation of the United States Secret Service, including purchase (not to exceed eighty-eight for police-type use of which seventy-seven are for replacement only) and hire of passenger motor vehicles; hire of aircraft; training and assistance requested by State and local governments which may be provided without reimbursement; and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be necessary to perform protective functions; $79,300,000: *Provided*, That funds appropriated to the United States Secret Service shall be available to provide protection to the immediate family of the Vice President of the United States and for the utilization of the Executive Protective Service to provide security at the official residence of the Vice President. General Provisions—Treasury Department Sec. 101. Appropriations in this Act to the Treasury Department shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–2) including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services as authorized by 5 U.S.C. 3109. This title may be cited as the “Treasury Department Appropriations Citation of title. Act, 1975”. TITLE II—POSTAL SERVICEPostal Service Appropriation Act, 1975. Payment to the Postal Service Fund For payment to the Postal Service Fund for public service costs and for revenue foregone on free and reduced-rate mail, pursuant to 39 U.S.C. 2401
(b)and (c), and for meeting the liabilities of the former Post Office Department to the Employees’ Compensation Fund and to postal employees for earned and unused annual leave as of June 30, 1971, pursuant to 39 U.S.C. 2004, $1,550,000,000. This title may be cited as the “Postal Service Appropriation Act, Citation of title. 1975”. 88 Stat. 617 TITLE III—EXECUTIVE OFFICE OF THE PRESIDENTExecutive Office Appropriation Act, 1975. Compensation of the President For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000. Council of Economic Advisers salaries and expenses For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $1,600,000. Council on International Economic Policy salaries and expenses For necessary expenses of the Council on International Economic Policy, including personnel services without regard to the provisions of law regulating the employment and compensation of persons in the Government service, $1,600,000 of which, an amount not to exceed $1,000 may be expended for official entertainment. Domestic Council salaries and expenses For necessary expenses of the Domestic Council, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade GS–18; and other [5 USC 5332](/us/usc/t5/s5332) note. personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; $1,250,000. Unanticipated Personnel Needs For expenses necessary to enable the President to meet unanticipated personnel needs, for emergencies affecting the national interest, security, or defense which may arise at home or abroad during the current fiscal year, and to pay administrative expenses incurred with respect thereto, $500,000. Executive Residence operating expenses For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the Executive Residence, and official entertainment expenses of the President, $1,695,000. 88 Stat. 618 Official Residence of the Vice President operating expenses For the care, maintenance, repair and alteration, furnishing, improvement, heating and lighting, including electric power and fixtures, of the official residence of the Vice President, $315,000: *Provided*, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities. Federal Energy Office salaries and expenses No part of any appropriation contained in this or any other Act for the regulatory functions of the Federal Energy Administration under authority of Public Law 91–159, shall be obligated or expended beyond [15 USC 751](/us/usc/t15/s751) note. the expiration date of that Act except with explicit approval of the appropriations committees. National Commission on Productivity salaries and expenses For necessary expenses of the National Commission on Productivity, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $2,000,000. National Security Council salaries and expenses For expenses necessary for the National Security Council, including services as authorized by 5 U.S.C. 3109, $2,900,000. Office of Management and Budget salaries and expenses For expenses necessary for the Office of Management and Budget, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $21,000,000. Office of Telecommunications Policy salaries and expenses For expenses necessary for the conduct of telecommunications functions assigned to the Director of the Office of Telecommunications policy, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $8,450,000. 88 Stat. 619 Special Action Office for Drug Abuse Prevention salaries and expenses For necessary expenses of the Special Action Office for Drug Abuse Prevention, $3,000,000. pharmacological research For necessary expenses in connection with activities authorized by section 224 of the Drug Abuse Office and Treatment Act of 1972 (Public Law 92–255), $4,000,000.[21 USC 1134.](/us/usc/t21/s1134) special fund for drug abuse For the “Special fund” established by section 223 of the Drug Abuse Office and Treatment Act of 1972 (Public Law 92–255), [21 USC 1133.](/us/usc/t21/s1133) $11,000,000. Special Assistance to the President For expenses necessary to enable the Vice President to provide assistance to the President in connection with specially assigned functions, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade GS–18, compensation for one position at a rate not to exceed the rate [5 USC 5332](/us/usc/t5/s5332) note. [5 USC 5313](/us/usc/t5/s5313) note. of level II of the Executive schedule, and other personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service, including hire of passenger motor vehicles, $910,000. The White House Office salaries and expenses For expenses necessary for the White House Office as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109, at such per diem rates for individuals as the President may specify, and other personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000); and not to exceed $10,000 for official entertainment expenses to be available for allocation within the Executive Office of the President; $16,367,000. This title may be cited as the “Executive Office Appropriation Act, Citation of title. 1975”. TITLE IV—INDEPENDENT AGENCIESIndependent Agencies Appropriations Act, 1975. Administrative Conference of the United States salaries and expenses For necessary expenses of the Administrative Conference of the United States, established by the Administrative Conference Act, as amended (5 U.S.C. 571 et seq.), $750,000. 88 Stat. 620 Advisory Commission on Intergovernmental Relations salaries and expenses For expenses necessary to carry out the provisions of the Act of September 24, 1959 (73 Stat. 703–706), $1,075,000.[42 USC 4271](/us/usc/t42/s4271) *et seq.* Advisory Committee on Federal Pay salaries and expenses For necessary expenses of the Advisory Committee on Federal Pay, established by 5 U.S.C. 5306, $130,000. Civil Service Commission salaries and expenses For necessary expenses, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and advances or reimbursements to applicable funds of the Commission and the Federal Bureau of Investigation for expenses incurred under Executive Order 10422 of January 9, 1953, as amended; $90,000,000 together with not [22 USC 287](/us/usc/t22/s287) note. to exceed $18,698,000 for current fiscal year administrative expenses for the retirement and insurance programs to be transferred from the appropriate trust funds of the Commission in amounts determined by the Commission without regard to other statutes: *Provided*, That the provisions of this appropriation shall not affect the authority to use applicable trust funds for administrative expenses of effecting statutory annuity adjustments. No part of the appropriation herein made to the Civil Service Commission shall be available for the salaries and expenses of the Legal Examining Unit of the Commission, established pursuant to Executive Order 9358 of July 1, 1943, or any successor unit of like purpose.[3 CFR, 1943–1948](/us/cfr/3/1943–1948) Comp., p. 256. government payment for annuitants, employees health benefits For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, [5 USC 8901.](/us/usc/t5/s8901) and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, $264,817,000. payment to civil service retirement and disability fund For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special acts, to be credited to the Civil Service retirement and disability fund, $882,287,000: *Provided*, That annuities authorized by the Act of May 29, 1944, as [33 USC 776.](/us/usc/t33/s776) amended (2 C.Z.C. 181) and the Act of August 19, 1950, as amended (33 U.S.C. 771–775) may hereafter be paid out of the Civil Service retirement and disability fund. 88 Stat. 621 federal labor relations council salaries and expenses For expenses necessary to carry out functions of the Civil Service Commission under Executive Order No. 11491 of October 29, 1969, as [5 USC 7301](/us/usc/t5/s7301) note. amended, $975,000: *Provided*, That public members of the Federal Service Impasses Panel may be paid travel expenses per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government Service, and compensation as authorized by 5 U.S.C. 3109. intergovernmental personnel assistance For grants to improve State and local personnel administration, as authorized by the Intergovernmental Personnel Act of 1970, [42 USC 4701](/us/usc/t42/s4701) note. $15,000,000. Commission on the Review of the National Policy Toward Gambling salaries and expenses For expenses necessary to carry out functions of the Commission on the Review of the National Policy Toward Gambling, established by section 804 of the Organized Crime Control Act of 1970 (P.L. 91–452; 84 Stat. 938), $1,000,000.[18 USC 1955](/us/usc/t18/s1955) note. Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped salaries and expenses For expenses necessary for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped, established by the Act of June 23, 1971, Public Law 92–28, including hire [41 USC 48c.](/us/usc/t41/s48c) of passenger motor vehicles, $252,000. General Services Administration disposal of surplus real and related personal property, operating expenses Not to exceed $7,200,000 of any proceeds received by the General Services Administration during the current fiscal year from transfers of excess property and the disposal of surplus real and related personal property shall be deposited to this appropriation, and shall be available for necessary expenses incurred in the Federal Buildings Fund in carrying out surplus property functions, pursuant to the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460 1–5). federal buildings fund limitations on availability of revenue The revenues and collections deposited into a fund pursuant to Section 210(f) of the Federal Property and Administrative Services Act88 Stat. 622 of 1949, as amended (40 U.S.C. 490(f)), shall be available during the current fiscal year for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving Government agencies (including space adjustments) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings and moving; repair and alteration of federally owned buildings, including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, taxes, and any other obligations for public buildings acquired by purchase contract; in the aggregate amount of $1,008,870,700 of which
(1)not to exceed $25,000,000 shall be available for construction of buildings as authorized by law including construction projects at locations and at maximum construction improvement costs (including funds for sites and expenses) as follows: New Construction: Arizona: Lukeville Border Station, $2,081,000 Texas: Laredo Border Station, $15,462,000 Washington: Blaine, Pacific Highway Border Station, $3,374,000 Extensions and conversions: Colorado: Denver, Federal Center Building #50, $1,209,000 Denver, Federal Center Building #85, $1,727,000 Ohio: Dayton, Federal Depot, #4, $1,147,000 *Provided*, That the immediately foregoing limits of costs may be exceeded to the extent that savings are effected in other such projects, but by not to exceed 10 per centum;
(2)not to exceed $26,244,000 for purchase contract payments;
(3)not to exceed $350,000,000 for rental of space;
(4)not to exceed $98,000,000 for alterations and major repairs;
(5)not to exceed $354,000,000 for real property operations;
(6)not to exceed $54,037,000 for program direction and centralized services; and
(7)not to exceed $101,589,700 of the amounts merged with the fund pursuant to section 210(f)(3) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(3)) of which
(a)not to exceed $69,995,700 for the construction of buildings as authorized by law including construction projects at locations and at maximum construction improvement costs (including funds for sites and expenses) as follows: 88 Stat. 623 Alabama: Mobile Federal Office Building $224,000 Alaska: Fairbanks Federal Office Building and Parking Facility 638,500 Anchorage Court House, Federal Office Building, and Park Facility 2,000,000 Alaska Highway Border Station 839,000 Juneau Post Office and Court House 12,000 Petersburg Federal Office Building and Post Office 25,000 Arizona: Nogales Border Station #2 2,670,000 Arkansas: Batesville Post Office, Court House, and Federal Office Building 86,000 Fayetteville Court House and Federal Office Building 89,000 California: Los Angeles Federal Office Building and Multi-Parking Facility 1,981,000 San Diego Border Station 1,724,000 Hawthorne Federal Office Building 92,000 Santa Rosa Federal Office Building 235,000 Santa Ana Federal Office Building 18,000 San Diego Federal Building 225,000 Calexico Border Station 88,000 Connecticut: New Haven Federal Office Building 877,000 Delaware: Wilmington Court House, Customs Court, and Federal Office Building 151,000 District of Columbia: South Portal Site Federal Office Building 10,631,300 James Forrestal Federal Office Building 170,700 Department of Labor Building 11,083,600 J. E. Hoover Federal Bureau of Investigation Building 514,000 Florida: Orlando Courthouse and Federal Office Building 99,000 Tampa Motor Pool 15,000 West Palm Beach Post Office and Courthouse 31,000 Georgia: Atlanta, Richard B. Russell Federal Office Building 700,000 Augusta Post Office and Federal Office Building 99,000 Griffin Post Office and Federal Office Building 176,000 Rome Post Office and Courthouse 106,000 Waycross Courthouse and Federal Office Building 19,000 Hawaii: Honolulu Federal Office Building 115,000 Idaho: Sandpoint Federal Office Building 16,000 Illinois: Chicago Federal Supply Center and Parking Facility 312,000 Chicago Federal Archives and Records Center 15,000 Chicago Federal Office Building 1,194,000 Alton Courthouse and Federal Office Building 50,000 Carbondale Federal Office Building 261,000 Indiana: Indianapolis Federal Office Building 15,000 Indianapolis Post Office and Courthouse 10,000 Iowa: Iowa City Post Office and Federal Office Building 12,000 Kansas: Topeka Courthouse and Federal Office Building 662,500 88 Stat. 624 Kentucky: Covington, Internal Revenue Service Center 79,000 Frankfort Courthouse and Federal Office Building 67,000 Louisville Federal Office Building 53,000 Louisiana: Houma, A. J. Ellender Post Office and Federal Office Building 160,000 New Orleans Courthouse and Federal Office Building 30,000 Maryland: Baltimore, E. A. Garmatz Federal Office Building 22,000 Massachusetts: New Bedford, Hastings Keith Federal Building 204,000 Michigan: Ann Arbor, Federal Office Building 322,000 Detroit, Patrick V. McNamara Federal Office Building 49,000 Grand Rapids, Courthouse and Federal Building 57,000 Saginaw, Federal Office Building 448,000 Mississippi: Aberdeen, Federal Office Building 54,000 Hattiesburg, Federal Office Building 69,000 Oxford, Courthouse, Post Office, and Federal Office Building 82,000 Nebraska: Lincoln, Courthouse, Federal Office Building, and Park Facility 67,000 New Hampshire: Manchester Federal Office Building 456,000 New Mexico: Gallup Federal Office Building 137,000 New York: Buffalo Federal Office Building 950,000 Champlain Border Station 262,000 Hyde Park, F. D. Roosevelt Library Extension 65,000 New York, Customs Courthouse and Federal Office Building 113,500 Rochester, Customs Courthouse and Federal Office Building 70,000 New York, Foley Square Courthouse Annex 757,000 North Carolina: Winston-Salem, Courthouse and Federal Office Building 889,000 Ohio: Akron, Courthouse, Federal Office Building and Parking Facility 43,000 Akron, Post Office 13,000 Columbia, Federal Office Building 861,000 Dayton, Courthouse and Federal Office Building 42,000 Mansfield Post Office and Federal Office Building 348,000 Oklahoma: Oklahoma City, Federal Office Building 603,000 Oregon: Eugene, Courthouse and Federal Office Building 30,000 Portland, Federal Office Building 12,000 Pennsylvania: Philadelphia, J. A. Byrne Courthouse and W. J. Greene, Jr., Federal Office Building 10,624,000 Williamsport, Courthouse and Federal Office Building 335,000 Puerto Rico: San Juan, Courthouse and Federal Office Building 25,000 Rhode Island: Providence, Post Office and Federal Office Building 38,000 South Carolina: Columbia, Courthouse, Federal Office Building, Parking Facility and Vehicle Maintenance Facility 955,000 Florence, John L. McMillan Federal Building and Courthouse 327,000 South Dakota: Huron, Post Office and Federal Office Building 470,000 Rapid City, Courthouse and Federal Office Building 31,000 88 Stat. 625 Tennessee: Nashville, Courthouse and Federal Office Building 130,000 Texas: Dallas, Courthouse and Federal Office Building 31,000 McAllen, Border Patrol Sector Headquarters 22,000 Marfa, Border Patrol Headquarters 136,000 Midland, Post Office, Courthouse, and Federal Office Building 135,000 San Antonio, Courthouse and Federal Office Building 594,000 San Antonio, Post Office 73,000 Vermont: Norton, Border Station 10,000 Brattleboro, Post Office, Court House, and Federal Office Building 10,000 Virginia: Quantico, Federal Bureau of Investigation Academy 555,000 Roanoke, R. H. Poff Federal Office Building 37,000 Virgin Islands: Charlotte Amalie, Courthouse and Federal Office Building 45,000 Washington: Blaine, Peace Arch Border Station 3,081,000 Seattle, Federal Office Building 2,503,000 Seattle, Federal Center South 2,878,000 West Virginia: Morgantown, Post Office and Federal Office Building 200,000 Elkins, Post Office, Courthouse, and Federal Office Building 454,000 Wisconsin: Madison, Courthouse and Federal Office Building 680,000 Total 69,995,700 *Provided*, That the immediately foregoing limits of cost may be exceeded to the extent that they apply to construction projects previously included in the appropriation, Construction, Public Buildings Projects, to the extent that savings are affected in other such projects, but by not to exceed 10 per centum of the amounts previously appropriated for such projects under such appropriation;
(b)not to exceed $700,000 for repair and improvement of public buildings;
(c)not to exceed $5,245,000 for additional court facilities;
(d)not to exceed $16,149,000 for construction services of on-going construction projects; and
(e)$9,500,000 for the completion of buildings management projects, including charges for work for other agencies begun in prior years but not yet completed and $2,571,000 to be deposited in the Treasury as miscellaneous receipts: *Provided further*, That for the purposes of this authorization, buildings constructed pursuant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 356), the Public Buildings Amendments of 1972 (40 U.S.C. 490) and buildings under the [86 Stat. 216.](/us/stat/86/216) [40 USC 603](/us/usc/t40/s603) note. control of another department or agency where alterations of such buildings are required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of General Services Administration shall be considered to be federally owned buildings: *Provided further*, That amounts necessary to provide reimbursable special services to other agencies under Section 210(f)(6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret 88 Stat. 626 Service to perform its protective functions pursuant to 18 U.S.C. 3056, as amended, shall be available from such revenues and collections: *Provided further*, That any revenues and collections and any other sums accruing to this Fund, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)), in excess of $1,088,870,700 shall be deposited in miscellaneous receipts of the Treasury of the United States. federal supply service operating expenses For expenses, not otherwise provided, necessary for supply distribution (including contractual services incident to receiving, handling and shipping supply items), procurement, inspection, standardization, and supply management activities as authorized by law, transportation, public utilities, the utilization of excess property, the disposal of surplus property, the rehabilitation of personal property, the national stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98–98h), the supplemental stockpile established by section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 456, as amended by 73 Stat. 607), and the [7 USC 1704.](/us/usc/t7/s1704) inventory maintained under the Defense Production Act of 1950, as amended (50 U.S.C. 2061–2166), including services as authorized by [50 USC app. 2061–2166.](/us/usc/t50/s2061–2166) 5 U.S.C. 3109, $165,500,000: *Provided*, That during the current fiscal year the General Services Administration is authorized to acquire leasehold interests in property, for periods not in excess of twenty years, for the storage, security, and maintenance of strategic, critical, and other materials in the national and supplemental stockpiles, provided said leasehold interests are at nominal cost to the Government: *Provided further*, That during the current fiscal year there shall be no limitation on the value of surplus strategic and critical materials which, in accordance with section 6 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e), may be transferred without reimbursement to the national stockpile: *Provided further*, That during the current fiscal year materials in the inventory maintained under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061–2166), and excess materials in the national stockpile and supplemental stockpile, the disposition of which is authorized by law, shall be available, without reimbursement, for transfer at fair market value to contractors as payment for expenses (including transportation and other accessorial expenses) of acquisition of materials, or of refining, processing, or otherwise beneficiating materials, or of rotating materials, pursuant to section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), and of processing and refining materials pursuant to section 303(d) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093(d)). national archives and records service operating expenses For necessary expenses in connection with Federal records managements and related activities, as provided by law, including reimbursement for security guard services, contractual services incident to movement or disposal of records, and acceptance and utilization of voluntary and uncompensated services, $50,500,000, of which $2,000,000 for allocations and grants for historical publications as authorized by 44 U.S.C. 2504, as amended, shall remain available until expended. 88 Stat. 627 records declassification For expenses necessary for the review and declassification of documents, and related records management activities, pursuant to Executive Order 11652, directives issued pursuant thereto, and other [50 USC 401](/us/usc/t50/s401) note. applicable authorities, including expenses not otherwise provided for, and acceptance and utilization of voluntary and uncompensated services, $1,305,000. automated data and telecommunications service operating expenses For expenses, not otherwise provided, necessary for carrying out Government-wide responsibilities relating to automated data management, telecommunications and related activities, as authorized by law, including services as authorized by 5 U.S.C. 3109, $7,000,000. Preparedness Activities office of preparedness salaries and expenses For expenses necessary for emergency preparedness functions and the disposal of excess materials in the national stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98–98h), the supplemental stockpile established by section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 456, as amended by 73 Stat. 607), and the inventory maintained [7 USC 1704.](/us/usc/t7/s1704) under the Defense Production Act of 1950, as amended (50 U.S.C. 2061–2166), including services as authorized by 5 U.S.C. 3109 and [50 USC app. 2061–2166.](/us/usc/t50/s2061–2166) expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency planning, $7,650,000. defense mobilization functions of federal agencies For expenses necessary to assist other Federal agencies to perform civil defense mobilization functions, including payments by the Department of Labor to State employment security agencies for the full cost of administration of defense manpower mobilization activities, $1,500,000. general management and agency operations salaries and expenses For expenses of general management and agency operations of activities under the control of the General Services Administration, $10,650,000: *Provided*, That not to exceed $2,500 shall be available for reception and representation expenses. federal management policy salaries and expenses For expenses, not otherwise provided, necessary for Government-wide policy functions in the areas of financial management, procurement management, property management, automatic data processing management, and management systems development, pursuant to Executive Order 11717, dated May 9, 1973, $1,730,000.[31 USC 16](/us/usc/t31/s16) note. 88 Stat. 628 indian tribal claims For expenses necessary to provide accounting records management, and other support incident to adjudication of Indian Tribal claims by the Indian Claims Commission, $2,523,000. allowances and office staff for former presidents For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), $60,000: *Provided*, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provision of sections
(a)and
(e)of such Act. administrative and staff support services salaries and expenses For administrative expenses necessary in providing general administrative and staff support services within the General Services Administration, not otherwise provided for, $47,978,000: *Provided*, That this appropriation shall be available, subject to reimbursement by the applicable agency, for services performed for other agencies pursuant to section 601 of the Economy Act of 1932, as amended (31 U.S.C. 686). General Provisions—General Services Administration Sec. 1. The appropriate appropriation or fund available to the General Services Administration shall be credited with
(1)cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129); and
(2)appropriations or funds available to other agencies, and transferred to the General Services Administration, in connection with property transferred to the General Services Administration pursuant to the Act of July 2, 1948 (50 U.S.C. 451ff), and such appropriations or funds may be so transferred, [50 USC 451](/us/usc/t50/s451) and note. with the approval of the Office of Management and Budget. Sec. 2. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. Sec. 3. None of the funds available under this Act or under section 111 of the Federal Property and Administrative Services Act of 1949 [40 USC 759.](/us/usc/t40/s759) shall be obligated or expended for the procurement by purchase, lease or any other arrangement, in whole or in part, of any or all the automatic data processing system, data communications network, or related software and services for the joint General Services Administration-Department of Agriculture MCS project 97–72 contained in the Request for Proposal CDPA 74–14, any successor to such project, or any other common user shared facilities authorized under section 111 of the Federal Property and Administrative Services Act of 1949. Sec. 4. Not to exceed 2 per centum of any appropriations made available to the General Services Administration, excluding the Federal Buildings Fund, for the current fiscal year by this Act may be transferred to any other such appropriation, but no such appropriation shall be increased thereby more than 2 per centum: *Provided*, That such transfers shall apply only to operating expenses, and shall not exceed in the aggregate the amount of $2,000,000. 88 Stat. 629 United States Tax Court salaries and expenses For necessary expenses, including contract stenographic reporting, and other services as authorized by 5 U.S.C. 3109, $6,285,000: *Provided*, That travel expenses of the judges shall be paid upon the written [26 USC 7443](/us/usc/t26/s7443) note. certificate of the judge. Department of Defense Defense Civil Preparedness Agency operation and maintenance For expenses, not otherwise provided for, necessary for carrying out civil defense activities, including the hire of motor vehicles; and financial contributions to the States for civil defense purposes, as authorized by law; $63,400,000: *Provided*, That not to exceed $28,600,000 shall be available for allocation under section 205 of the Federal Civil Defense Act of 1950, as amended.[50 USC app. 2286.](/us/usc/t50/s2286) research, shelter survey, and marking For expenses, not otherwise provided for, necessary for studies and research to develop measures and plans for civil defense; continuing shelter surveys, marking, and equipping surveyed spaces; and financial contributions to the States under section 201(i) of the Federal Civil Defense Act, which shall be equally matched, for emergency operating [50 USC app. 2281.](/us/usc/t50/s2281) centers and civil defense equipment; $18,600,000. general provisions—civil defense Sec. 1. Appropriations contained in this Act for carrying out civil defense activities shall not be available in excess of the limitations on appropriations contained in section 408 of the Federal Civil Defense Act, as amended (50 U.S.C. App. 2260). Sec. 2. No part of any appropriation in this Act shall be available for the construction of warehouses or for the lease of warehouse space in any building which is to be constructed specifically for civil defense activities. This title may be cited as the “Independent Agencies Appropriations Citation of title. Act, 1975”. TITLE V—GENERAL PROVISIONS This Act Sec. 501. Where appropriations in this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: *Provided*, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to interagency motor pools where separately set forth in the budget schedules. 88 Stat. 630 Sec. 502. No part of any appropriation contained in this or any other Act shall Employees, military leave, position restoration. be available to pay the salary of any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the Civil Service Commission as still qualified to perform the duties of his former position and has not been restored thereto. Sec. 503. No part of any appropriation made available in this Act Offices outside D.C., limitation. shall be used for the purchase or sale of real estate or for the purpose of establishing new offices outside the District of Columbia: *Provided*, That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor. Sec. 504. No part of any appropriation contained in this Act shall Fiscal year limitation. remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 505. No part of any appropriation contained in this Act shall Foreign-made tools, procurement restriction. be available for the procurement of or for the payment of the salary of any person engaged in the procurement of any hand or measuring tool(s) not produced in the United States or its possessions except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions or except in accordance with procedures prescribed by section 6–104.4
(b)of Armed Services Procurement Regulation dated January 1, 1969, as such regulation existed on June 15, 1970. This section shall be applicable to all solicitations for bids opened after its enactment. Sec. 506. No part of any appropriation contained in this Act shall Space and service charges. be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210j of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.[40 USC 490.](/us/usc/t40/s490) Sec. 507. None of the funds available under this Act shall be available Administrative expenses for purchase contracts. [40 USC 602a.](/us/usc/t40/s602a) for administrative expenses in connection with the execution of purchase contracts pursuant to section 5 of the Public Buildings Amendments of 1972 (Public Law 92–313) in excess of the aggregate amount of $300,000,000 (based on approved prospectuses) during the fiscal year ending June 30, 1975. TITLE VI—GENERAL PROVISIONS Departments, Agencies, and Corporations Sec. 601. Unless otherwise specifically provided the maximum Motor vehicle purchase. [31 USC 638c](/us/usc/t31/s638c) note. [31 USC 638a.](/us/usc/t31/s638a) amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $2,100 except station wagons for which the maximum shall be $2,400: *Provided*, That these limits may be exceeded by not Police-type vehicles. to exceed $900 for police-type vehicles. Sec. 602. Unless otherwise specified and during the current fiscal Citizenship requirement for employees. [31 USC 699b.](/us/usc/t31/s699b) year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the 88 Stat. 631 Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person
(1)is a citizen of the United States,
(2)is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States,
(3)is a person who owes allegiance to the United States, or
(4)is an alien from Cuba, Poland, or the Baltic countries lawfully admitted to the United States for permanent residence: *Provided*, That, for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with: *Provided further*, That any person making a Penalty. false affidavit shall be guilty of a felony, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both: *Provided further*, That the above penal-clause shall be in addition to, and not in substitution for, any other provisions of existing law: *Provided further*, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply Exceptions. to citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. Sec. 603. Appropriations of the executive departments and independent Quarters allowances. establishments for the current fiscal year, available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924. Sec. 604. No part of any appropriation for the current fiscal year Nominees not approved. contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. Sec. 605. Funds made available by this or any other Act for administrative Administrative expense funds. expenses in the current fiscal year of the corporations and agencies subject to the Government Corporation Control Act, as amended (31 U.S.C. 841), shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: *Provided*, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. Sec. 606. Pursuant to section 1415 of the Act of July 15, 1952 (66 Foreign credits. [31 USC 724.](/us/usc/t31/s724) Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: *Provided*, That such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury. 88 Stat. 632 Sec. 607.
(a)No part of any appropriation contained in this or any Publicity or propaganda. other Act, or of the funds available for expenditure by any corporation or agency, shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before Congress.
(b)No part of any appropriation contained in this Act shall be U.S. Postal Service employees, communication with Congress. available for the payment of the salary of any officer or employee of the United States Postal Service, who—
(1)prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or
(2)removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any officer or employee of the United States Postal Service, or attempts or threatens to commit any of the foregoing actions with respect to such officer or employee, by reason of any communication or contact of such officer or employee with any Member or committee of Congress as described in paragraph
(1)of this subsection. Sec. 608. No part of any appropriation contained in this or any Interdepartmental groups, expenses. other Act, shall be available to finance interdepartmental boards, commissions, councils, committees, or similar groups under section 214 of the Independent Offices Appropriations Act, 1946 (31 U.S.C. 691) which do not have prior and specific congressional approval of such method of financial support. Sec. 609. Appropriations available to any department or agency Space and service charges and building improvements. during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements, performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law.[40 USC 601](/us/usc/t40/s601) note. [40 USC 603](/us/usc/t40/s603) note. Sec. 610. Funds made available by this or any other Act to the fund U.S. or Postal Service guards, funds. [40 USC 603](/us/usc/t40/s603) note. created by the Public Buildings Amendments of 1972 (86 Stat. 216), and the “Postal Service fund” (39 U.S.C. 2003), shall be available for employment of guards for all buildings and areas owned or occupied by the United States or the Postal Service and under the charge and control of the General Services Administration or the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318), but shall not be restricted to certain Federal property as otherwise required by the proviso contained in said section, and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a, 318b) attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c). 88 Stat. 633 Sec. 611. None of the funds available U.S. Customs Service, transfers. under this Act shall be available for administrative expenses in connection with the transfer of any functions, personnel, facilities, equipment, or funds out of the United States Customs Service unless such transfers have been specifically authorized by the Congress. Sec. 612. None of the funds available under this Act shall be available Bureau of Customs activities. for administrative expenses for the purpose of transferring the border control activities of the Bureau of Customs to any other agency of the Federal Government. This Act may be cited as the “Treasury, Postal Service, and General Short title. Government Appropriation Act, 1975”. Approved August 21, 1974. Public Law 93–382: Designating August 26, 1974, as “Women’s Equality Day” Public Law 382 Public Law 93–382 1974-08-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–382 JOINT RESOLUTION Designating August 26, 1974, as “Women’s Equality Day” August 22, 1974 [[H. J. Res. 1105](/us/bill/93/hjres/1105)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That August 26, 1974, is Women’s Equality Day. Designation authorization. designated as “Women’s Equality Day”, and the President is authorized and requested to issue a proclamation in commemoration of that day in 1920 on which the women of America were first guaranteed the right to vote. Approved August 22, 1974. Public Law 93–383: To establish a program of community development block grants, to amend and extend laws relating to housing and urban development, and for other purposes. Public Law 383 Public Law 93–383 1974-08-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–383 AN ACT To establish a program of community development block grants, to amend and extend laws relating to housing and urban development, and for other purposes.August 22, 1974 [[S. 3066](/us/bill/93/s/3066)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That this Act may Housing and Community Development Act of 1974. [42 USC 5301](/us/usc/t42/s5301) note. be cited as the “Housing and Community Development Act of 1974”. TITLE I—COMMUNITY DEVELOPMENT findings and purpose Sec. 101.
(a)The Congress finds and declares that the Nation’s [42 USC 5301.](/us/usc/t42/s5301) cities, towns, and smaller urban communities face critical social, economic, and environmental problems arising in significant measure from—
(1)the growth of population in metropolitan and other urban areas, and the concentration of persons of lower income in central cities; and 88 Stat. 634
(2)inadequate public and private investment and reinvestment in housing and other physical facilities, and related public and social services, resulting in the growth and persistence of urban slums and blight and the marked deterioration of the quality of the urban environment.
(b)The Congress further finds and declares that the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable urban communities as social, economic, and political entities, and require—
(1)systematic and sustained action by Federal, State, and local governments to eliminate blight, to conserve and renew older urban areas, to improve the living environment of low- and moderate-income families, and to develop new centers of population growth and economic activity;
(2)substantial expansion of and greater continuity in the scope and level of Federal assistance, together with increased private investment in support of community development activities; and
(3)continuing effort at all levels of government to streamline programs and improve the functioning of agencies responsible for planning, implementing, and evaluating community development efforts.
(c)The primary objective of this title is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Consistent with this primary objective, the Federal assistance provided in this title is for the support of community development activities which are directed toward the following specific objectives—
(1)the elimination of slums and blight and the prevention of blighting influences and the deterioration of property and neighborhood and community facilities of importance to the welfare of the community, principally persons of low and moderate income;
(2)the elimination of conditions which are detrimental to health, safety, and public welfare, through code enforcement, demolition, interim rehabilitation assistance, and related activities;
(3)the conservation and expansion of the Nation’s housing stock in order to provide a decent home and a suitable living environment for all persons, but principally those of low and moderate income;
(4)the expansion and improvement of the quantity and quality of community services, principally for persons of low and moderate income, which are essential for sound community development and for the development of viable urban communities;
(5)a more rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational, and other needed activity centers;
(6)the reduction of the isolation of income groups within communities and geographical areas and the promotion of an 88 Stat. 635 increase in the diversity and vitality of neighborhoods through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods to attract persons of higher income; and
(7)the restoration and preservation of properties of special value for historic, architectural, or esthetic reasons. It is the intent of Congress that the Federal assistance made available under this title not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance.
(d)It is also the purpose of this title to further the development of a national urban growth policy by consolidating a number of complex and overlapping programs of financial assistance to communities of varying sizes and needs into a consistent system of Federal aid which—
(1)provides assistance on an annual basis, with maximum certainty and minimum delay, upon which communities can rely in their planning;
(2)encourages community development activities which are consistent with comprehensive local and areawide development planning;
(3)furthers achievement of the national housing goal of a decent home and a suitable living environment for every American family; and
(4)fosters the undertaking of housing and community development activities in a coordinated and mutually supportive manner. definitions Sec. 102.
(a)As used in this title—[42 USC 5302.](/us/usc/t42/s5302)
(1)The term “unit of general local government” means any city, county, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions recognized by the Secretary; the District of Columbia; the Trust Territory of the Pacific Islands; and Indian tribes, bands, groups, and nations, including Alaska Indians, Aleuts, and Eskimos, of the United States. Such term also includes a State or a local public body or agency (as defined in section 711 of the Housing and Urban Development Act of 1970), community association, or [42 USC 4512.](/us/usc/t42/s4512) other entity, which is approved by the Secretary for the purpose of providing public facilities or services to a new community as part of a program meeting the eligibility standards of section 712 of the Housing and Urban Development Act of 1970 or title IV of the Housing and Urban Development Act of 1968.[42 USC 4513.](/us/usc/t42/s4513) [42 USC 3901.](/us/usc/t42/s3901)
(2)The term “State” means any State of the United States, or any instrumentality thereof approved by the Governor; and the Commonwealth of Puerto Rico.
(3)The term “metropolitan area” means a standard metropolitan statistical area as established by the Office of Management and Budget.
(4)The term “metropolitan city” means
(A)a city within a metropolitan area which is the central city of such area, as defined 88 Stat. 636 and used by the Office of Management and Budget, or
(B)any other city, within a metropolitan area, which has a population of fifty thousand or more.
(5)The term “city” means
(A)any unit of general local government which is classified as a municipality by the United States Bureau of the Census or
(B)any other unit of general local government which is a town or township and which, in the determination of the Secretary,
(i)possesses powers and performs functions comparable to those associated with municipalities,
(ii)is closely settled, and
(iii)contains within its boundaries no incorporated places as defined by the United States Bureau of the Census.
(6)The term “urban county” means any county within a metropolitan area which
(A)is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, if any, which are not units of general local government, and
(B)has a combined population of two hundred thousand or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of general local government
(i)in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or
(ii)with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities.
(7)The term “population” means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time.
(8)The term “extent of poverty” means the number of persons whose incomes are below the poverty level. Poverty levels shall be determined by the Secretary pursuant to criteria provided by the Office of Management and Budget, taking into account and making adjustments, if feasible and appropriate and in the sole discretion of the Secretary, for regional or area variations in income and cost of living, and shall be based on data referable to the same point or period in time.
(9)The term “extent of housing overcrowding” means the number of housing units with 1.01 or more persons per room based on data compiled by the United States Bureau of the Census and referable to the same point or period in time.
(10)The term “Federal grant-in-aid program” means a program of Federal financial assistance other than loans and other than the assistance provided by this title.
(11)The term “program period” means the period beginning January 1, 1975, and ending June 30, 1975, and the period covering each fiscal year thereafter.
(12)The term “Community Development Program” means a program described in section 104(a)(2).
(13)The term “Secretary” means the Secretary of Housing and Urban Development. 88 Stat. 637
(b)Where appropriate, the definitions in subsection
(a)shall be based, with respect to any fiscal year, on the most recent data compiled by the United States Bureau of the Census and the latest published reports of the Office of Management and Budget available ninety days prior to the beginning of such fiscal year. The Secretary may by regulation change or otherwise modify the meaning of the terms defined in subsection
(a)in order to reflect any technical change or modification thereof made subsequent to such date by the United States Bureau of the Census or the Office of Management and Budget.
(c)One or more public agencies, including existing local public agencies, may be designated by the chief executive officer of a State or a unit of general local government to undertake a Community Development Program in whole or in part. authorization to make grants Sec. 103. (a)(1) The Secretary is authorized to make grants to Community Development Programs. [42 USC 5303.](/us/usc/t42/s5303) States and units of general local government to help finance Community Development Programs approved in accordance with the provisions of this title. The Secretary is authorized to incur obligations on behalf of the United States in the form of grant agreements or otherwise in amounts aggregating such sum, not to exceed $8,400,000,000, as may be approved in an appropriation Act. The amount so approved shall become available for obligation on January 1, 1975, and shall remain available until obligated. There are authorized to be appropriated for liquidation of the obligations incurred under this subsection not to exceed $2,500,000,000 prior to the close of the fiscal year 1975, which amount may be increased to not to exceed an aggregate of $5,450,000,000 prior to the close of the fiscal year 1976, and to not to exceed an aggregate of $8,400,000,000 prior to the close of the fiscal year 1977. Subject to the limitations contained in the preceding sentence, appropriations for—
(A)grants under title VII of the Housing Act of 1961;[42 USC 1500.](/us/usc/t42/s1500)
(B)grants under sections 702 and 703 of the Housing and Urban Development Act of 1965; and [42 USC 3102, 3103.](/us/usc/t42/s3102/s3103)
(C)supplemental grants under title I of the Demonstration Cities and Metropolitan Development Act of 1966,[42 USC 3301.](/us/usc/t42/s3301) may be used, to the extent not otherwise obligated prior to January 1, 1975, for the liquidation of contracts entered into pursuant to this section.
(2)Of the amounts approved in appropriation Acts pursuant to paragraph (1), $50,000,000 for each of the fiscal years 1975 and 1976 shall be added to the amount available for allocation under section 106(d) and shall not be subject to the provisions of section 107.
(b)In addition to the amounts made available under subsection (a), and for the purpose of facilitating an orderly transition to the program authorized under this title, there are authorized to be appropriated not to exceed $50,000,000 for each of the fiscal years 1975 and 1976, and not to exceed $100,000,000 for the fiscal year 1977, for grants under this title to units of general local government having urgent community development needs which cannot be met through the operation of the allocation provisions of section 106.
(c)Sums appropriated pursuant to this section shall remain available until expended.
(d)To assure program continuity and orderly planning, the Secretary shall submit to the Congress timely requests for additional authorizations for the fiscal years 1978 through 1980. 88 Stat. 638 application and review requirements Sec. 104.
(a)No grant may be made pursuant to section 106 unless [42 USC 5304.](/us/usc/t42/s5304) an application shall have been submitted to the Secretary in which the applicant—
(1)sets forth a summary of a three-year community development plan which identifies community development needs, demonstrates a comprehensive strategy for meeting those needs, and specifies both short- and long-term community development objectives which have been developed in accordance with areawide development planning and national urban growth policies;
(2)formulates a program which
(A)includes the activities to be undertaken to meet its community development needs and objectives, together with the estimated costs and general location of such activities,
(B)indicates resources other than those provided under this title which are expected to be made available toward meeting its identified needs and objectives, and
(C)takes into account appropriate environmental factors;
(3)describes a program designed to—
(A)eliminate or prevent slums, blight, and deterioration where such conditions or needs exist; and
(B)provide improved community facilities and public improvements, including the provision of supporting health, social, and similar services where necessary and appropriate;
(4)submits a housing assistance plan which—
(A)accurately surveys the condition of the housing stock in the community and assesses the housing assistance needs of lower-income persons (including elderly and handicapped persons, large families, and persons displaced or to be displaced) residing in or expected to reside in the community,
(B)specifies a realistic annual goal for the number of dwelling units or persons to be assisted, including
(i)the relative proportion of new, rehabilitated, and existing dwelling units, and
(ii)the sizes and types of housing projects and assistance best suited to the needs of lower-income persons in the community, and
(C)indicates the general locations of proposed housing for lower-income persons, with the objective of
(i)furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible,
(ii)promoting greater choice of housing opportunities and avoiding undue concentrations of assisted persons in areas containing a high proportion of low-income persons, and
(iii)assuring the availability of public facilities and services adequate to serve proposed housing projects;
(5)provides satisfactory assurances that the program will be conducted and administered in conformity with Public Law 88–352 and Public Law 90–284; and[42 USC 2000a](/us/usc/t42/s2000a) note.
(6)provides satisfactory assurances that, prior to submission [18 USC 245.](/us/usc/t18/s245) of its application, it has
(A)provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program requirements,
(B)held public hearings to obtain the views of citizens on community development and housing needs, and
(C)provided citizens an adequate opportunity to participate in the development of the application; but no part of this paragraph shall be construed to restrict the responsibility and author-88 Stat. 639ity of the applicant for the development of the application and the execution of its Community Development Program. (b)(1) Not more than 10 per centum of the estimated costs referred to in subsection (a)(2) which are to be incurred during any contract period may be designated for unspecified local option activities which are eligible for assistance under section 105(a) or for a contingency account for activities designated by the applicant pursuant to subsection (a)(2).
(2)Any grant under this title shall be made only on condition that the applicant certify to the satisfaction of the Secretary that its Community Development Program has been developed so as to give maximum feasible priority to activities which will benefit low- or moderate-income families or aid in the prevention or elimination of slums or blight. The Secretary may also approve an application describing activities which the applicant certifies and the Secretary determines are designed to meet other community development needs having a particular urgency as specifically described in the application.
(3)The Secretary may waive all or part of the requirements contained Waiver. in paragraphs (1), (2), and
(3)of subsection
(a)if
(A)the application for assistance is in behalf of a locality having a population of less than 25,000 according to the most recent data compiled by the Bureau of the Census which is located either
(i)outside a standard metropolitan statistical area, or
(ii)inside such an area but outside an “urbanized area” as defined by the Bureau of the Census (or as such Urbanized area. definition is modified by the Secretary for purposes of this title),
(B)the application relates to the first community development activity to be carried out by such locality with assistance under this title,
(C)the assistance requested is for a single development activity under this title of a type eligible for assistance under title VII of the Housing [42 USC 1500.](/us/usc/t42/s1500) [42 USC 3101.](/us/usc/t42/s3101) Act of 1961 or title VII of the Housing and Urban Development Act of 1965, and
(D)the Secretary determines that, having regard to the nature of the activity to be carried out, such waiver is not inconsistent with the purposes of this title.
(4)The Secretary may accept a certification from the applicant that it has complied with the requirements of paragraphs
(5)and
(6)of subsection (a).
(c)The Secretary shall approve an application for an amount which does not exceed the amount determined in accordance with section 106(a) unless—
(1)on the basis of significant facts and data, generally available and pertaining to community and housing needs and objectives, the Secretary determines that the applicant’s description of such needs and objectives is plainly inconsistent with such facts or data; or
(2)on the basis of the application, the Secretary determines that the activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant pursuant to subsection (a); or
(3)the Secretary determines that the application does not comply with the requirements of this title or other applicable law or proposes activities which are ineligible under this title.
(d)Prior to the beginning of fiscal year 1977 and each fiscal year Performance report, submittal to Secretary. thereafter, each grantee shall submit to the Secretary a performance report concerning the activities carried out pursuant to this title, together with an assessment by the grantee of the relationship of those activities to the objectives of this title and the needs and objectives identified in the grantee’s statement submitted pursuant to subsection (a). The Secretary shall, at least on an annual basis, make such Audits and reviews. reviews and audits as may be necessary or appropriate to determine 88 Stat. 640 whether the grantee has carried out a program substantially as described in its application, whether that program conformed to the requirements of this title and other applicable laws, and whether the applicant has a continuing capacity to carry out in a timely manner the approved Community Development Program. The Secretary may make appropriate adjustments in the amount of the annual grants in accordance with his findings pursuant to this subsection.
(e)No grant may be made under this title unless the application therefor has been submitted for review and comment to an areawide agency under procedures established by the President pursuant to title II of the Demonstration Cities and Metropolitan Development Act of 1966 and title IV of the Intergovernmental Cooperation Act [42 USC 3331.](/us/usc/t42/s3331) [42 USC 4231.](/us/usc/t42/s4231) of 1968.
(f)An application subject to subsection (c), if submitted after any Approval date. date established by the Secretary for consideration of applications, shall be deemed approved within 75 days after receipt unless the Secretary informs the applicant of specific reasons for disapproval. Subsequent to approval of the application, the amount of the grant may be adjusted in accordance with the provisions of this title.
(g)Insofar as they relate to funds provided under this title, the GAO audit. financial transactions of recipients of such funds may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such recipients pertaining to such financial transactions and necessary to facilitate the audit. (h)(1) In order to assure that the policies of the National Environmental protection. [42 USC 4321](/us/usc/t42/s4321) note. Environmental Policy Act of 1969 are most effectively implemented in connection with the expenditure of funds under this title, and to assure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may under regulations provide for the release of funds for particular projects to applicants who assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act that would apply to the Secretary were he to undertake such projects as Federal projects. The Secretary shall issue regulations to carry out this subsection only after consultation with the Council on Environmental Quality.
(2)The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, at least fifteen days prior to such approval and prior to any commitment of funds to such projects other than for purposes authorized by section 105(a)(12) or for environmental studies, the applicant has submitted to the Secretary a request for such release accompanied by a certification which meets the requirements of paragraph (3). The Secretary’s approval of any such certification shall be deemed to satisfy his responsibilities under the National Environmental Policy Act insofar as those responsibilities relate to the applications and releases of funds for projects to be carried out pursuant thereto which are covered by such certification.
(3)A certification under the procedures authorized by this subsection shall—
(A)be in a form acceptable to the Secretary,
(B)be executed by the chief executive officer or other officer of the applicant qualified under regulations of the Secretary,
(C)specify that the applicant has fully carried out its responsibilities as described under paragraph
(1)of this subsection, and
(D)specify that the certifying officer
(i)consents to assume 88 Stat. 641 the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of [42 USC 4321](/us/usc/t42/s4321) note. such Act apply pursuant to paragraph
(1)of this subsection, and
(ii)is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. community development program activities eligible for assistance Sec. 105.
(a)A Community Development Program assisted under [42 USC 5305.](/us/usc/t42/s5305) this title may include only—
(1)the acquisition of real property (including air rights, water rights, and other interests therein) which is
(A)blighted, deteriorated, deteriorating; undeveloped, or inappropriately developed from the standpoint of sound community development and growth;
(B)appropriate for rehabilitation or conservation activities;
(C)appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development;
(D)to be used for the provision of public works, facilities, and improvements eligible for assistance under this title; or
(E)to be used for other public purposes;
(2)the acquisition, construction, reconstruction, or installation of public works, facilities, and site or other improvements—including neighborhood facilities, senior centers, historic properties, utilities, streets, street lights, water and sewer facilities, foundations and platforms for air rights sites, pedestrian malls and walkways, and parks, playgrounds, and recreation facilities, flood and drainage facilities in cases where assistance for such facilities under other Federal laws or programs is determined to be unavailable, and parking facilities, solid waste disposal facilities, and fire protection services and facilities which are located in or which serve designated community development areas;
(3)code enforcement in deteriorated or deteriorating areas in which such enforcement, together with public improvements and services to be provided, may be expected to arrest the decline of the area;
(4)clearance, demolition, removal, and rehabilitation of buildings and improvements (including interim assistance and financing rehabilitation of privately owned properties when incidental to other activities);
(5)special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons;
(6)payments to housing owners for losses of rental income incurred in holding for temporary periods housing units to be utilized for the relocation of individuals and families displaced by program activities under this title;
(7)disposition (through sale, lease, donation, or otherwise) of any real property acquired pursuant to this title or its retention for public purposes;
(8)provision of public services not otherwise available in areas where other activities assisted under this title are being carried out in a concentrated manner, if such services are determined to be necessary or appropriate to support such other activities and if assistance in providing or securing such services under other applicable Federal laws or programs has been applied for and 88 Stat. 642 denied or not made available within a reasonable period of time, and if such services are directed toward
(A)improving the community’s public services and facilities, including those concerned with the employment, economic development, crime prevention, child care, health, drug abuse, education, welfare, or recreation needs of persons residing in such areas, and
(B)coordinating public and private development programs;
(9)payment of the non-Federal share required in connection with a Federal grant-in-aid program undertaken as part of the Community Development Program;
(10)payment of the cost of completing a project funded under title I of the Housing Act of 1949;[42 USC 1441](/us/usc/t42/s1441) note.
(11)relocation payments and assistance for individuals, families, businesses, organizations, and farm operations displaced by activities assisted under this title;
(12)activities necessary
(A)to develop a comprehensive community development plan, and
(B)to develop a policy-planning-management capacity so that the recipient of assistance under this title may more rationally and effectively
(i)determine its needs,
(ii)set long-term goals and short-term objectives,
(iii)devise programs and activities to meet these goals and objectives,
(iv)evaluate the progress of such programs in accomplishing these goals and objectives, and
(v)carry out management, coordination, and monitoring of activities necessary for effective planning implementation; and
(13)payment of reasonable administrative costs and carrying charges related to the planning and execution of community development and housing activities, including the provision of information and resources to residents of areas in which community development and housing activities are to be concentrated with respect to the planning and execution of such activities.
(b)Upon the request of the recipient of a grant under this title, the Secretary may agree to perform administrative services on a reimbursable basis on behalf of such recipient in connection with loans or grants for the rehabilitation of properties as authorized under subsection (a)(4). allocation and distribution of funds Sec. 106.
(a)Of the amount approved in an appropriation Act under [42 USC 5306.](/us/usc/t42/s5306) section 103(a) for grants in any year (excluding the amount provided for use in accordance with sections 103(a)(2) and 107), 80 per centum shall be allocated by the Secretary to metropolitan areas. Except as provided in subsections
(c)and (e), each metropolitan city and urban county shall, subject to the provisions of section 104 and except as otherwise specifically authorized, be entitled to annual grants from such allocation in an aggregate amount not exceeding the greater of its basic amount computed pursuant to paragraph
(2)or
(3)of subsection
(b)or its hold-harmless amount computed pursuant to subsection (g). (b)(1) The Secretary shall determine the amount to be allocated to all metropolitan cities which shall be an amount that bears the same ratio to the allocation for all metropolitan areas as the average of the ratios between—
(A)the population of all metropolitan cities and the population of all metropolitan areas;
(B)the extent of poverty in all metropolitan cities and the extent of poverty in all metropolitan areas; and
(C)the extent of housing overcrowding in all metropolitan cities and the extent of housing overcrowding in all metropolitan areas. 88 Stat. 643
(2)From the amount allocated to all metropolitan cities the Secretary Basic grant amount. shall determine for each metropolitan city a basic grant amount which shall equal an amount that bears the same ratio to the allocation for all metropolitan cities as the average of the ratios between—
(A)the population of that city and the population of all metropolitan cities;
(B)the extent of poverty in that city and the extent of poverty in all metropolitan cities; and
(C)the extent of housing overcrowding in that city and the extent of housing overcrowding in all metropolitan cities.
(3)The Secretary shall determine the basic grant amount of each urban county by—
(A)calculating the total amount that would have been allocated to metropolitan cities and urban counties together under paragraph
(1)of this subsection if data pertaining to the population, extent of poverty, and extent of housing overcrowding in all urban counties were included in the numerator of each of the fractions described in such paragraph; and
(B)determining for each county the amount which bears the same ratio to the total amount calculated under subparagraph
(A)of this paragraph as the average of the ratios between—
(i)the population of that urban county and the population of all metropolitan cities and urban counties;
(ii)the extent of poverty in that urban county and the extent of poverty in all metropolitan cities and urban counties; and
(iii)the extent of housing overcrowding in that urban county and the extent of housing overcrowding in all metropolitan cities and urban counties.
(4)In determining the average of ratios under paragraphs (1), (2), and (3), the ratio involving the extent of poverty shall be counted twice.
(5)In computing amounts or exclusions under this section with respect to any urban county there shall be excluded units of general local government located in the county
(A)which receive hold-harmless grants pursuant to subsection (h), or
(B)the populations of which are not counted in determining the eligibility of the urban county to receive a grant under this subsection.
(c)During the first three years for which funds are approved for distribution to a metropolitan city or urban county under this section, the basic grant amount of such city or county as computed under subsection
(b)shall be adjusted as provided in this subsection if the amount so computed for the first such year exceeds the city’s or county’s hold-harmless amount as determined under subsection (g). Such adjustment shall be made so that—
(1)the amount for the first year does not exceed one-third of the full basic grant amount computed under subsection (b), or the hold-harmless amount, whichever is the greater,
(2)the amount for the second year does not exceed two-thirds of the full basic grant amount computed under subsection (b), or the hold-harmless amount, or the amount allowed under paragraph
(1)of this subsection, whichever is the greatest, and
(3)the amount for the third year does not exceed the full basic grant amount computed under subsection (b).
(d)Any portion of the amount allocated to metropolitan areas under the first sentence of subsection
(a)which remains after the allocation of grants to metropolitan cities and urban counties in accordance with subsections
(b)and
(c)and any amounts added in 88 Stat. 644 accordance with the provisions of section 103(a)(2) shall be allocated by the Secretary—
(1)first, for grants to metropolitan cities, urban counties, and other units of general local government within metropolitan areas to meet their hold-harmless needs as determined under subsections
(g)and (h); and
(2)second, for grants to units of general local government (other than metropolitan cities and urban counties) and States for use in metropolitan areas, allocating for each such metropolitan area an amount which bears the same ratio to the allocation for all metropolitan areas available under this paragraph as the average of the ratios between—
(A)the population of that metropolitan area and the population of all metropolitan areas,
(B)the extent of poverty in that metropolitan area and the extent of poverty in all metropolitan areas, and
(C)the extent of housing overcrowding in that metropolitan area and the extent of housing overcrowding in all metropolitan areas. In determining the average of ratios under paragraph (2), the ratio involving the extent of poverty shall be counted twice; and in computing amounts under such paragraph there shall be excluded any metropolitan cities, urban counties, and units of general local government which receive hold-harmless grants pursuant to subsection (h).
(e)Any amounts allocated to a metropolitan city or urban county Reallocation. pursuant to the preceding provisions of this section which are not applied for during a program period or which are not approved by the Secretary, and any other amounts allocated to a metropolitan area which the Secretary determines, on the basis of the applications and other evidence available, are not likely to be fully obligated during such program period, shall be reallocated during the same period for use by States, metropolitan cities, urban counties, or units of general local government, first, in any metropolitan area in the same State, and second, in any other metropolitan area. The Secretary shall review determinations under this subsection from time to time as appropriate with a view of assuring maximum use of all available funds in the period for which such funds were appropriated. (f)(1) Of the amount approved in an appropriation Act under section 103(a) for grants in any year (excluding the amount provided for use in accordance with sections 103(a)(2) and 107), 20 per centum shall be allocated by the Secretary—
(A)first, for grants to units of general local government outside of metropolitan areas to meet their hold-harmless needs as determined under subsection (h); and
(B)second, for grants to units of general local government outside of metropolitan areas and States for use outside of metropolitan areas, allocating for the nonmetropolitan areas of each State an amount which bears the same ratio to the allocation available under this subparagraph for the nonmetropolitan areas of all States as the average of the ratios between—
(i)the population of the nonmetropolitan areas of that State and the population of the nonmetropolitan areas of all the States,
(ii)the extent of poverty in the nonmetropolitan areas of that State and the extent of poverty in the nonmetropolitan areas of all the States, and
(iii)the extent of housing overcrowding in the nonmetropolitan areas of that State and the extent of housing overcrowding in the nonmetropolitan areas of all the States. 88 Stat. 645 In determining the average of ratios under subparagraph (B), the ratio involving the extent of poverty shall be counted twice; and in computing amounts under such subparagraph there shall be excluded units of general local government which receive hold-harmless grants pursuant to subsection (h).
(2)Any amounts allocated to a unit of general local government under paragraph
(1)which are not applied for during a program period or which are not approved by the Secretary, and any amounts allocated to the nonmetropolitan areas of a State under paragraph (1)(B) which the Secretary determines, on the basis of applications and other evidence available, are not likely to be fully obligated during such period, shall be reallocated as soon as practicable during the same period to the nonmetropolitan areas of other States. The Secretary shall review determinations under this paragraph from time to time with a view to assuring maximum use of all available funds in the program period for which such funds were appropriated. (g)(1) The full hold-harmless amount of each metropolitan city Hold-harmless amount. or urban county shall be the sum of
(i)the sum of the average during the five fiscal years ending prior to July 1, 1972, of
(1)commitments for grants (as determined by the Secretary) pursuant to part A of title I of the Housing Act of 1949;
(2)loans pursuant to section 312 [42 USC 1450.](/us/usc/t42/s1450) [42 USC 1452b.](/us/usc/t42/s1452b) [42 USC 3102, 3103.](/us/usc/t42/s3102/s3103) [42 USC 1491.](/us/usc/t42/s1491) [42 USC 1500.](/us/usc/t42/s1500) of the Housing Act of 1964;
(3)grants pursuant to sections 702 and 703 of the Housing and Urban Development Act of 1965;
(4)loans pursuant to title II of the Housing Amendments of 1955; and
(5)grants pursuant to title VII of the Housing Act of 1961; and
(ii)the average annual grant, as determined by the Secretary, made in accordance with part B of title I of the Housing Act of 1949 during [42 USC 1469.](/us/usc/t42/s1469) the fiscal years ending prior to July 1, 1972, or during the fiscal year 1973 in the case of a metropolitan city or urban county which first received a grant under part B of such title in such fiscal year. In the case of a metropolitan city or urban county which has participated in the program authorized under section 105 of the Demonstration Cities and Metropolitan Development Act of 1966 and which has been [42 USC 3305.](/us/usc/t42/s3305) funded or extended in the fiscal year 1973 for a period ending after June 30, 1973, determinations of the hold-harmless amount of such metropolitan city or urban county for the following specified years shall be made so as to include, in addition to the amounts specified in clauses
(i)and
(ii)of the preceding sentence, the following percentages of the average annual grant, as determined by the Secretary made in accordance with such section during fiscal years ending prior to July 1, 1972—
(A)100 per centum for each of a number of years which, when added to the number of funding years for which the city or county received grants under such section 105, equals five;
(B)80 per centum for the year immediately following year five as determined pursuant to clause (A);
(C)60 per centum for the year immediately following the year provided for in clause (B); and
(D)40 per centum for the year immediately following the year provided for in clause (C). For the purposes of this paragraph the average annual grant under part B of title I of the Housing Act of 1949 or under section 105 of the Demonstration Cities and Metropolitan Development Act of 1966 shall be established by dividing the total amount of grants made to a participant under the program by the number of months of program activity for which funds were authorized and multiplying the result by twelve. 88 Stat. 646
(2)During the fiscal years 1975, 1976, and 1977, the hold-harmless amount of any metropolitan city or urban county shall be the full amount computed for the city or county in accordance with paragraph (1). In the fiscal years 1978, 1979, and 1980, if such amount is greater than the basic grant amount of the metropolitan city or urban county for that year, as computed under subsection (b)(2) or (3), it shall be reduced so that—
(i)in the fiscal year 1978, the excess of the hold-harmless amount over the basic grant amount shall equal two-thirds of the difference between the amount computed under paragraph
(1)and the basic grant amount for such year,
(ii)in the fiscal year 1979, the excess of the hold-harmless amount over the basic grant amount shall equal one-third of the difference between the amount computed under paragraph
(1)and the basic grant amount for such year, and
(iii)in the fiscal year 1980, there shall be no excess of the hold-harmless amount over the basic grant amount. (h)(1) Any unit of general local government which is not a metropolitan city or urban county shall, subject to the provisions of section 104 and except as otherwise specifically authorized, be entitled to grants under this title for any year in an aggregate amount at least equal to a hold-harmless amount as computed under the provisions of subsection (g)(1) if, during the five-fiscal-year period specified in the first sentence of subsection (g)(1) (or during the fiscal year 1973 in the case of a locality which first received a grant for a neighborhood development program in that year), one or more urban renewal projects, code enforcement programs, neighborhood development programs, or model cities programs were being carried out by such unit of general local government pursuant to commitments for assistance entered into during such period under title I of the Housing Act of 1949 or title I of the Demonstration Cities and Metropolitan Development [42 USC 1450.](/us/usc/t42/s1450) [42 USC 3301.](/us/usc/t42/s3301) Act of 1966.
(2)In the fiscal years 1978, 1979, and 1980, in determining the hold-harmless amount of units of general local government qualifying under this subsection, the second sentence of subsection (g)(2) shall be applied as though such units were metropolitan cities or urban counties with basic grant amounts of zero.
(i)In excluding the population, poverty, and housing overcrowding data of units of general local government which receive a hold-harmless grant pursuant to subsection
(h)from the computations described in subsections (b)(5), (d), and
(f)of this section, the Secretary shall exclude only two-thirds of such data for the fiscal year 1978 and one-third of such data for the fiscal year 1979.
(j)Any unit of general local government eligible for a hold-harmless Waiver of eligibilty. grant pursuant to subsection
(h)may, not later than thirty days prior to the beginning of any program period, irrevocably waive its eligibility under such subsection. In the case of such a waiver the unit of general local government shall not be excluded from the computations described in subsections (b)(5),
(d)and
(f)of this section.
(k)The Secretary may fix such qualification or submission dates as he determines are necessary to permit the computations and determinations required by this section to be made in a timely manner, and all such computations and determinations shall be final and conclusive.
(l)Not later than March 31, 1977, the Secretary shall make a report Report to Congress. to the Congress setting forth such recommendations as he deems advisable, in furtherance of the purposes and policy of this title, for modifying or expanding the provisions of this section relating to the method of funding and the allocation of funds and the determination 88 Stat. 647 of the basic grant entitlement, and for the application of such provisions in the further distribution of funds under this title. In making Study. this report, the Secretary shall conduct a study to determine how funds authorized under this title can be distributed in accordance with community development needs, objectives, and capacities, measured to the maximum extent feasible by objective standards. discretionary fund Sec. 107.
(a)Of the total amount of authority to enter into contracts [42 USC 5307.](/us/usc/t42/s5307) approved in appropriation Acts under section 103(a)(1) for each of the fiscal years 1975, 1976, and 1977, an amount equal to 2 per centum thereof shall be reserved and set aside in a special discretionary fund for use by the Secretary in making grants (in addition to any other grants which may be made under this title to the same entities or for the same purposes)—
(1)in behalf of new communities assisted under title VII of the Housing and Urban Development Act of 1970 or title IV of [42 USC 4501](/us/usc/t42/s4501) note. [42 USC 3901](/us/usc/t42/s3901) note. the Housing and Urban Development Act of 1968;
(2)to States and units of general local government which join in carrying out housing and community development programs that are areawide in scope;
(3)in Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands;
(4)to States and units of general local government for the purpose of demonstrating innovative community development projects;
(5)to States and units of general local government for the purpose of meeting emergency community development needs caused by federally recognized disasters; and
(6)to States and units of general local government where the Secretary deems it necessary to correct inequities resulting from the allocation provisions of section 106.
(b)Not more than one-fourth of the total amount reserved and set aside in the special discretionary fund under subsection
(a)for each year may be used for grants to meet emergency disaster needs under subsection (a)(5).
(c)Amounts reserved and set aside in the special discretionary fund under subsection
(a)in any fiscal year but not used in such year shall remain available for use in accordance with subsections
(a)and
(b)in subsequent fiscal years. guarantee of loans for acquisition of property Sec. 108.
(a)The Secretary is authorized, upon such terms and [42 USC 5308.](/us/usc/t42/s5308) conditions as he may prescribe, to guarantee and make commitments to guarantee the notes or other obligations issued by units of general local government, or by public agencies designated by such units of general local government, for the purpose of financing the acquisition or assembly of real property (including such expenses related thereto as the Secretary may permit by regulation) to serve or be used in carrying out activities which are eligible for assistance under section 105 and are identified in the application under section 104, and with respect to which grants have been or are to be made under section 103, but no such guarantee shall be issued in behalf of any agency designed to benefit, in or by the flotation of any issue, a private individual or corporation.
(b)No guarantee or commitment to guarantee shall be made with 88 Stat. 648 respect to any unit of general local government or public agency designated by any such unit of general local government unless—
(1)the Secretary, from sums approved in appropriation Acts and allocated for obligation to the unit of general local government pursuant to sections 106 and 107, shall have reserved and withheld, for the purpose of paying the guaranteed obligations (including interest), an amount which is at least equal to 110 per centum of the difference between the cost of acquiring the land and related expenses and the estimated proceeds to be derived from the sale or other disposition of the land, as determined or approved by the Secretary, which amount may subsequently be increased by the Secretary to the extent he determines such increase is necessary or appropriate because of any unanticipated, major reduction in such estimated disposition proceeds;
(2)the unit of general local government shall have given to the Secretary, in a form acceptable to him, a pledge of its full faith and credit, or a pledge of revenues approved by the Secretary, for the repayment of so much of any amount required to be paid by the United States pursuant to any guarantee under this section as is equal to the difference between the principal amount of the guaranteed obligations and interest thereon and the amount which is to be reserved and withheld under paragraph (1); and
(3)the unit of general local government has pledged to the repayment of any amounts which are required to be paid by the United States pursuant to its guarantee under this section, and which are not otherwise fully repaid when due pursuant to paragraph
(1)and (2), the proceeds of any grants for which such unit of general local government may become eligible under this title.
(c)The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations.
(d)The Secretary may issue obligations to the Secretary of the Treasury in an amount outstanding at any one time sufficient to enable the Secretary to carry out his obligations under guarantees authorized by this section. The obligations issued under this subsection shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Secretary issued under this section, and for such purposes is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter [31 USC 774.](/us/usc/t31/s774) in force, and the purposes for which such securities may be issued under such Act are extended to include the purchases of the Secretary’s obligations hereunder.
(e)Obligations guaranteed under this section may, at the option of the issuing unit of general local government or designated agency, be subject to Federal taxation as provided in subsection (g). In the event that taxable obligations are issued and guaranteed, the Secretary is authorized to make, and to contract to make, grants to or on behalf of the issuing unit of general local government or public agency to cover not to exceed 30 per centum of the net interest cost (including such servicing, underwriting, or other costs as may be specified in regulations of the Secretary) to the borrowing unit or agency of such obligations. 88 Stat. 649
(f)Section 3689 of the Revised Statutes, as amended (31 U.S.C. 711), is amended by adding at the end thereof a new paragraph as follows: " “(22) For payments required from time to time under contracts entered into pursuant to section 108 of the Housing and Community Development Act of 1974 for payment of interest costs on obligations guaranteed by the Secretary of Housing and Urban Development under that section.” "
(g)With respect to any obligation issued by a unit of general local [42 USC 5308.](/us/usc/t42/s5308) government or designated agency which such unit or agency has elected to issue as a taxable obligation pursuant to subsection
(e)of this section, the interest paid on such obligation shall be included in gross income for the purpose of chapter 1 of the Internal Revenue Code of 1954.[26 USC 1](/us/usc/t26/s1) *et seq.* nondiscrimination Sec. 109.
(a)No person in the United States shall on the ground [42 USC 5309.](/us/usc/t42/s5309) of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
(b)Whenever the Secretary determines that a State or unit of general local government which is a recipient of assistance under this title has failed to comply with subsection
(a)or an applicable regulation, he shall notify the Governor of such State or the chief executive officer of such unit of local government of the noncompliance and shall request the Governor or the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed sixty days, the Governor or the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to
(1)refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;
(2)exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d);
(3)exercise the powers and functions provided for in section 111(a) of this Act; or
(4)take such other action as may be provided by law.
(c)When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or unit of general local government is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. labor standards Sec. 110. All laborers and mechanics employed by contractors [42 USC 5310.](/us/usc/t42/s5310) or subcontractors in the performance of construction work financed in whole or in part with grants received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5): *Provided*, That this section shall apply to the rehabilitation of residential property only if such property is designed for residential use for eight or more families. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. [5 USC app.](/us/usc/t5/app) [40 USC 276c.](/us/usc/t40/s276c) 948; 40 U.S.C. 276 (c)). 88 Stat. 650 remedies for noncompliance Sec. 111.
(a)If the Secretary finds after reasonable notice [42 USC 5311.](/us/usc/t42/s5311) Notice and hearing. and opportunity for hearing that a recipient of assistance under this title has failed to comply substantially with any provision of this title, the Secretary, until he is satisfied that there is no longer any such failure to comply, shall—
(1)terminate payments to the recipient under this title, or
(2)reduce payments to the recipient under this title by an amount equal to the amount of such payments which were not expended in accordance with this title, or
(3)limit the availability of payments under this title to programs, projects, or activities not affected by such failure to comply. (b)(1) In lieu of, or in addition to, any action authorized by subsection (a), the Secretary may, if he has reason to believe that a recipient has failed to comply substantially with any provision of this title, refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted.
(2)Upon such a referral the Attorney General may bring a civil action in any United States district court having venue thereof for such relief as may be appropriate, including an action to recover the amount of the assistance furnished under this title which was not expended in accordance with it, or for mandatory or injunctive relief. (c)(1) Any recipient which receives notice under subsection
(a)Judicial review. of the termination, reduction, or limitation of payments under this title may, within sixty days after receiving such notice, file with the United States Court of Appeals for the circuit in which such State is located, or in the United States Court of Appeals for the District of Columbia, a petition for review of the Secretary’s action. The petitioner shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation.
(2)The Secretary shall file in the court record of the proceeding on which he based his action, as provided in section 2112 of title 28, United States Code. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary.
(3)The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may order additional evidence to be taken by the Secretary, and to be made part of the record. The Secretary may modify his findings of fact, or make new findings, by reason of the new evidence so taken and filed with the court, and he shall also file such modified or new findings, which findings with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole, and shall also file his recommendation, if any, for the modification or setting aside of his original action.
(4)Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28, United States Code. use of grants to settle outstanding urban renewal loans Sec. 112.
(a)The Secretary is authorized, notwithstanding any [42 USC 5312.](/us/usc/t42/s5312) other provision of this title, to apply a portion of the grants, not to 88 Stat. 651 exceed 20 per centum thereof without the request of the recipient, made or to be made under section 103(a) in any fiscal year pursuant to an allocation under section 106 to any unit of general local government toward payment of the principal of, and accrued interest on, any temporary loan made in connection with urban renewal projects under title I of the Housing Act of 1949 being carried out within the jurisdiction of such unit of general local government if—[42 USC 1450.](/us/usc/t42/s1450)
(1)the Secretary determines, after consultation with the local public agency carrying out the project and the chief executive of such unit of general local government, that the project cannot be completed without additional capital grants, or
(2)the local public agency carrying out the project submits to the Secretary an appropriate request which is concurred in by the governing body of such unit of general local government. In determining the amounts to be applied to the payment of temporary loans, the Secretary shall make an accounting for each project taking into consideration the costs incurred or to be incurred, the estimated proceeds upon any sale or disposition of property, and the capital grants approved for the project.
(b)Upon application by any local public agency carrying out an urban renewal project under title I of the Housing Act of 1949, which application is approved by the governing body of the unit of general local government in which the project is located, the Secretary may approve a financial settlement of such project if he finds that a surplus of capital grant funds after full repayment of temporary loan indebtedness will result and may authorize the unit of general local government to use such surplus funds, without deduction or offset, in accordance with the provisions of this title. reporting requirements Sec. 113.
(a)Not later than 180 days after the close of each fiscal Report to Congress. [42 USC 5313.](/us/usc/t42/s5313) year in which assistance under this title is furnished, the Secretary shall submit to the Congress a report which shall contain—
(1)a description of the progress made in accomplishing the objectives of this title; and
(2)a summary of the use of such funds as approved by the Secretary during the preceding fiscal year.
(b)The Secretary is authorized to require recipients of assistance under this title to submit to him such reports and other information as may be necessary in order for the Secretary to make the report required by subsection (a). consultation Sec. 114. In carrying out the provisions of this title including the [42 USC 5314.](/us/usc/t42/s5314) issuance of regulations, the Secretary shall consult with other Federal departments and agencies administering Federal grant-in-aid programs. interstate agreements Sec. 115. The consent of the Congress is hereby given to any two or [42 USC 5315.](/us/usc/t42/s5315) more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative effort and mutual assistance in support of community development planning and programs carried out under this title as they pertain to interstate areas and to localities within such States, and to establish such agencies, joint or otherwise, as they may deem desirable for making such agreements and compacts effective. 88 Stat. 652 transition provisions Sec. 116.
(a)Except with respect to projects and programs for [42 USC 5316.](/us/usc/t42/s5316) which funds have been previously committed, no new grants or loans [42 USC 3301.](/us/usc/t42/s3301) [42 USC 1450.](/us/usc/t42/s1450) [42 USC 3102, 3103.](/us/usc/t42/s3102/s3103) [42 USC 1491, 1500.](/us/usc/t42/s1491/s1500) shall be made after January 1, 1975, under
(1)title I of the Demonstration Cities and Metropolitan Development Act of 1966,
(2)title I of the Housing Act of 1949,
(3)section 702 or section 703 of the Housing and Urban Development Act of 1965,
(4)title II of the Housing Amendments of 1955, or
(5)title VII of the Housing Act of 1961.
(b)To the extent that grants under title I of the Housing Act of 1949 or title I of the Demonstration Cities and Metropolitan Development Act of 1966 are payable from appropriations made for the fiscal year 1975, and are made with respect to a project or program being carried on in any unit of general local government which is eligible to receive a grant for such fiscal year under section 106
(a)or
(h)of this Act, the amount of such grants made under title I of the Housing Act of 1949 or title I of the Demonstration Cities and Metropolitan Development Act of 1966 shall be deducted from the amount of grants which such unit of general local government is eligible to receive for the fiscal year 1975 under such section 106
(a)or (h). The deduction required by the preceding sentence shall be disregarded in determining the amount of grants made to any unit of general local government that may be applied, pursuant to section 112 of this Act, to payment of temporary loans in connection with urban renewal projects under title I of the Housing Act of 1949. The amount of any appropriations made for the fiscal year 1975 which is used for grants so as to be subject to the provisions of this subsection relating to deductions shall be deemed to have been appropriated for grants pursuant to section 103(a) of this Act for such fiscal year for purposes of calculations under sections 106 and 107 of this Act.
(c)The first sentence of section 103(b) of the Housing Act of 1949 is amended by inserting before the period at the end thereof [42 USC 1453.](/us/usc/t42/s1453) the following: “, and by such sums as may be necessary thereafter”. (d)(1) Section 111(b) of the Demonstration Cities and Metropolitan [42 USC 3311.](/us/usc/t42/s3311) Development Act of 1966 is amended by inserting immediately after the first sentence the following new sentence: “In addition, there are authorized to be appropriated for such purpose such sums as may be necessary for the fiscal year ending June 30, 1975.”
(2)Section 111(c) of such Act is amended by striking out “July 1, 1974” and inserting in lieu thereof “July 1, 1975”. (e)(1) Section 312(h) of the Housing Act of 1964 is amended [42 USC 1452b.](/us/usc/t42/s1452b)
(A)by striking out “after October 1, 1974” and inserting in lieu thereof “after the close of the one-year period beginning on the date of the enactment of the Housing and Community Development Act of 1974”, and
(B)by striking out “that date” and inserting in lieu thereof “the close of that period”.
(2)Section 312(a)(1) of such Act is amended by inserting “or” at the end of subparagraph (C), and by adding after subparagraph
(C)the following new subparagraph: " “(D) the rehabilitation is a part of, or is necessary or appropriate to the execution of, an approved community development program under title I of the Housing and Community Development Act of 1974 or an approved urban homestead program under section 809 of such Act;”.*Post,* p. 729. "
(f)With respect to the program period beginning January 1, 1975, [42 USC 5316.](/us/usc/t42/s5316) the Secretary may, without regard to the requirements of section 104, advance to any metropolitan city, urban county or other unit of general local government, out of the amount allocated to such entity pursuant to section 106
(a)or (h), an amount not to exceed 10 per centum of the 88 Stat. 653 amount so allocated which shall be available only for use
(1)to continue projects or programs referred to in clauses
(1)and
(2)of subsection
(a)of this section, or
(2)to plan and prepare for the implementation of activities to be assisted under this title.
(g)In the case of funds available for any fiscal year, the Secretary shall not consider any application from a metropolitan city or urban county for a grant pursuant to section 106(a) or from a unit of general local government for a grant pursuant to section 106(h) unless such application is submitted on or prior to such date (in that fiscal year) as the Secretary shall establish as the final date for submission of applications for such grants in that year. liquidation of superseded programs Sec. 117.
(a)Section 3689 of the Revised Statutes, as amended (31 U.S.C. 711), is amended by adding after paragraph
(22)(as added by section 108(f) of this Act) the following new paragraph: " “(23) For payments required from time to time under contracts entered into pursuant to section 103(b) of the Housing Act of 1949 [42 USC 1453.](/us/usc/t42/s1453) with respect to projects or programs for which funds have been committed on or before December 31, 1974, and for which funds have not previously been appropriated.” "
(b)The Secretary is authorized to transfer the assets and liabilities [42 USC 5317.](/us/usc/t42/s5317) of any program which is superseded or inactive by reason of this title to the revolving fund for liquidating programs established pursuant to title II of the Independent Offices Appropriation Act of 1965 (Public Law 81–428; 68 Stat. 272, 295). employment opportunities for lower income persons Sec. 118. Section 3 of the Housing and Urban Development Act of [12 USC 1701u.](/us/usc/t12/s1701u) 1968 is amended by inserting “, including community development block grants under title I of the Housing and Community Development Act of 1974,” immediately after “direct financial assistance”. TITLE II—ASSISTED HOUSING amendment to the united states housing act of 1937 Sec. 201.
(a)The United States Housing Act of 1937 is amended to [42 USC 1430.](/us/usc/t42/s1430) read as follows: " “short title “Section 1. This Act may be cited as the ‘United States Housing [42 USC 1437](/us/usc/t42/s1437) note. Act of 1937’. “declaration of policy “Sec. 2. It is the policy of the United States to promote the general [42 USC 1437.](/us/usc/t42/s1437) welfare of the Nation by employing its funds and credit, as provided in this Act, to assist the several States and their political subdivisions to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of low income and, consistent with the objectives of this Act, to vest in local public housing agencies the maximum amount of responsibility in the administration of their housing programs. No person should be barred from serving on the board of directors or similar governing body of a local public housing agency because of his tenancy in a low-income housing project. 88 Stat. 654 “definitions “Sec. 3. When used in this Act—[42 USC 1437a.](/us/usc/t42/s1437a) “(1) The term ‘low-income housing’ means decent, safe, and sanitary dwellings within the financial reach of families of low income, and embraces all necessary appurtenances thereto. Except as otherwise provided in this section, income limits for occupancy and rents shall be fixed by the public housing agency and approved by the Secretary. The rental for any dwelling unit shall not exceed one-fourth of the family’s income as defined by the Secretary. Notwithstanding the preceding sentence, the rental for any dwelling unit shall not be less than the higher of
(A)5 per centum of the gross income of the family occupying the dwelling unit, and
(B)if the family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by such agency to meet the family’s housing costs, the portion of such payments which is so designated. At least 20 per centum of the dwelling units in any project placed under annual contributions contracts in any fiscal year beginning after the effective date of this section shall be occupied by very low-income families. In defining the income of any family for the purpose of this Act, the Secretary shall consider income from all sources of each member of the family residing in the household, except that there shall be excluded— “(A) the income of any family member (other than the head of the household or his spouse) who is under eighteen years of age or is a full-time student; “(B) the first $300 of the income of a secondary wage earner who is the spouse of the head of the household; “(C) an amount equal to $300 for each member of the family residing in the household (other than the head of the household or his spouse) who is under eighteen years of age or who is eighteen years of age or older and is disabled or handicapped or a full-time student; “(D) nonrecurring income, as determined by the Secretary; “(E) 5 per centum of the family’s gross income (10 per centum in the case of elderly families); “(F) such extraordinary medical or other expenses as the Secretary approves for exclusion; and “(G) an amount equal to the sums received by the head of the household or his spouse from, or under the direction of, any public or private nonprofit child placing agency for the care and maintenance of one or more persons who are under eighteen years of age and were placed in the household by such agency. “(2) The term ‘low-income families’ means families of low income who cannot afford to pay enough to cause private enterprise in their locality or metropolitan area to build an adequate supply of decent, safe, and sanitary dwellings for their use. The term ‘very low-income families’ means families whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families. The term ‘families’ includes families consisting of a single person in the case of
(A)a person who is at least sixty-two years of age or is under a [42 USC 423.](/us/usc/t42/s423) disability as defined in section 223 of the Social Security Act or in section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1970, or is handicapped,
(B)a displaced [42 USC 2691.](/us/usc/t42/s2691) person, and
(C)the remaining member of a tenant family; and the term ‘elderly families’ means families whose heads (or their spouses), or whose sole members, are persons described in clause (A). 88 Stat. 655 A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Secretary, to have an impairment which
(i)is expected to be of long-continued and indefinite duration,
(ii)substantially impedes his ability to live independently, and
(iii)is of such a nature that such ability could be improved by more suitable housing conditions. The term ‘displaced person’ means a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. Notwithstanding the preceding provisions of this paragraph, the term ‘elderly families’ includes two or more elderly, disabled, or handicapped individuals living together, or one or more such individuals living with another person who is determined under regulations of the Secretary to be a person essential to their care or well being. “(3) The term ‘development’ means any or all undertakings necessary for planning, land acquisition, demolition, construction, or equipment, in connection with a low-income housing project. The term ‘development cost’ comprises the cost incurred by a public housing agency in such undertakings and their necessary financing (including the payment of carrying charges), and in otherwise carrying out the development of such project. Construction activity in connection with a low-income housing project may be confined to the reconstruction, remodeling, or repair of existing buildings. “(4) The term ‘operation’ means any or all undertakings appropriate for management, operation, services, maintenance, security (including the cost of security personnel), or financing in connection with a low-income housing project. The term also means the financing of tenant programs and services for families residing in low-income housing projects, particularly where there is maximum feasible participation of the tenants in the development and operation of such tenant programs and services. As used in this paragraph, the term ‘tenant programs and services’ includes the development and maintenance of tenant organizations which participate in the management of low-income housing projects; the training of tenants to manage and operate such projects and the utilization of their services in project management and operation; counseling on household management, housekeeping, budgeting, money management, child care, and similar matters; advice as to resources for job training and placement, education, welfare, health, and other community services; services which are directly related to meeting tenant needs and providing a wholesome living environment; and referral to appropriate agencies when necessary for the provision of such services. To the maximum extent available and appropriate, existing public and private agencies in the community shall be used for the provision of such services. “(5) The term ‘acquisition cost’ means the amount prudently required to be expended by a public housing agency in acquiring a low-income housing project. “(6) The term ‘public housing agency’ means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of low-income housing. “(7) The term ‘State’ includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, the Trust Territory of the Pacific Islands, and Indian tribes, bands, groups, and Nations, including Alaska Indians, Aleuts, and Eskimos, of the United States. “(8) The term ‘Secretary’ means the Secretary of Housing and Urban Development. 88 Stat. 656 “(9) The term ‘low-income housing project’ or ‘project’ means
(A)any low-income housing developed, acquired, or assisted by a public housing agency under this Act, and
(B)the improvement of any such housing. “loans for low-income housing projects “Sec. 4.
(a)The Secretary may make loans or commitments to make [42 USC 1437b.](/us/usc/t42/s1437b) loans to public housing agencies to help finance or refinance the development, acquisition, or operation of low-income housing projects by such agencies. Any contract for such loans and any amendment to a contract for such loans shall provide that such loans shall bear interest at a rate specified by the Secretary which shall not be less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus one-eighth of 1 per centum. Such loans shall be secured in such manner and shall be repaid within such period not exceeding forty years, or not exceeding forty years from the date of the bonds evidencing the loan, as the Secretary may determine. The Secretary may require loans or commitments to make loans under this section to be pledged as security for obligations issued by a public housing agency in connection with a low-income housing project. “(b) The Secretary may issue and have outstanding at any one time notes and other obligations for purchase by the Secretary of the Treasury in an amount which will not, unless authorized by the President, exceed $1,500,000,000. For the purpose of determining obligations incurred to make loans pursuant to this Act against any limitation otherwise applicable with respect to such loans, the Secretary shall estimate the maximum amount to be loaned at any one time pursuant to loan agreements then outstanding with public housing agencies. Such notes or other obligations shall be in such forms and denominations and shall be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. The notes or other obligations issued under this subsection shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any notes or other obligations of the Secretary issued hereunder and for such purpose is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, [31 USC 774](/us/usc/t31/s774) as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases of such obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. “annual contributions for low-income housing projects “Sec. 5.(a) The Secretary may make annual contributions to public [42 USC 1437c.](/us/usc/t42/s1437c) housing agencies to assist in achieving and maintaining the low-income character of their projects. The Secretary shall embody the provisions for such annual contributions in a contract guaranteeing their payment. The contribution payable annually under this section shall in no case exceed a sum equal to the annual amount of principal and interest payable on obligations issued by the public housing agency to finance the development or acquisition cost of the low-income project involved. 88 Stat. 657 The amount of annual contributions which would be established for a newly constructed project by a public housing agency designed to accommodate a number of families of a given size and kind may be established under this section for a project by such public housing agency which would provide housing for the comparable number, sizes, and kinds of families through the acquisition and rehabilitation, or use under lease, of structures which are suitable for low-income housing use and obtained in the local market. Annual contributions payable under this section shall be pledged, if the Secretary so requires, as security for obligations issued by a public housing agency to assist the development or acquisition of the project to which annual contributions relate and shall be paid over a period not to exceed forty years. “(b) The Secretary may prescribe regulations fixing the maximum Regulations. contributions available under different circumstances, giving consideration to cost, location, size, rent-paying ability of prospective tenants, or other factors bearing upon the amounts and periods of assistance needed to achieve and maintain low rentals. Such regulations may provide for rates of contribution based upon development, acquisition, or operation costs, number of dwelling units, number of persons housed, interest charges, or other appropriate factors. “(c) The Secretary is authorized to enter into contracts for annual Contract authority. contributions aggregating not more than $1,199,250,000 per annum, which limit shall be increased by $225,000,000 on July 1, 1971, by $150,000,000 on July 1, 1972, by $400,000,000 on July 1, 1973, and by $965,000,000 on July 1, 1974. Of the aggregate amount of contracts for annual contributions authorized to be entered into on or after July 1, 1974, the Secretary shall enter into contracts for annual contributions aggregating at least $150,000,000 per annum to assist in financing the development or acquisition cost of low-income housing projects to be owned by public housing agencies. Not more than 50 per centum of the dwelling units placed under contract pursuant to the preceding sentence may be constructed or substantially rehabilitated for ownership by public housing agencies under section 8 of this Act. In addition to the amount of contracts for annual contributions required to be entered into by the Secretary under the second sentence of this subsection, the Secretary shall enter into contracts for annual contributions, out of the aggregate amount of contracts for annual contributions authorized under this section to be entered into on or after July 1, 1974, aggregating at least $15,000,000 per annum, which amount shall be increased by not less than $15,000,000 per annum, on July 1, 1975, to assist in financing the development or acquisition cost of low-income housing for families who are members of any Indian tribe, band, pueblo, group, or community of Indians or Alaska Natives which is recognized by the Federal Government as eligible for service from the Bureau of Indian Affairs, or who are wards of any State government, except that none of the funds made available under this sentence shall be available for use under section 8. For the purpose of the preceding sentence, the annual contributions for a project shall, notwithstanding any other provision of this Act, be equal to the difference between the sum of the total debt service payment plus approved operating costs, and the rental payments that tenants are required to make under section 3
(1)of this Act. The Secretary *Ante,* p. 654. shall enter into only such new contracts for preliminary loans as are consistent with the number of dwelling units for which contracts for annual contributions may be entered into. The faith of the United States is solemnly pledged to the payment of all annual contributions contracted for pursuant to this section, and there are hereby authorized to be appropriated in each fiscal year, out of any money in the Treasury not otherwise appropriated, the amounts necessary to 88 Stat. 658 provide for such payments. All payments of annual contributions pursuant to this section shall be made out of any funds available for purposes of this Act when such payments are due, except that funds obtained through the issuance of obligations pursuant to section 4(b) *Ante,* p. 656. (including repayments or other realizations of the principal of loans made out of such funds) shall not be available for the payment of such annual contributions. “(d) Any contract for loans or annual contributions, or both, entered into by the Secretary with a public housing agency, may cover one or more than one low-income housing project owned by such public housing agency; in the event the contract covers two or more projects, such projects may, for any of the purposes of this Act and of such contract (including, but not limited to, the determination of the amount of the loan, annual contributions, or payments in lieu of taxes, specified in such contract), be treated collectively as one project. “(e) In recognition that there should be local determination of the need for low-income housing to meet needs not being adequately met by private enterprise— “(1) the Secretary shall not make any contract with a public housing agency for preliminary loans (all of which shall be repaid out of any moneys which become available to such agency for the development of the projects involved) for surveys and planning in respect to any low-income housing projects
(i)unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and
(ii)unless the public housing agency has demonstrated to the satisfaction of the Secretary that there is need for such low-income housing which is not being met by private enterprise; and “(2) the Secretary shall not make any contract for loans (other than preliminary loans) or for annual contributions pursuant to this Act unless the governing body of the locality involved has entered into an agreement with the public housing agency providing for the local cooperation required by the Secretary pursuant to this Act. “(f) “Subject to the specific limitations or standards in this Act governing the terms of sales, rentals, leases, loans, contracts for annual contributions, or other agreements, the Secretary may, whenever he deems it necessary or desirable in the fulfillment of the purposes of this Act, consent to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, security, amount of annual contribution, or any other term, of any contract or agreement of any kind to which the Secretary is a party. When the Secretary finds that it would promote economy or be in the financial interest of the Federal Government or is necessary to assure or maintain the low-income character of the project or projects involved, any contract heretofore or hereafter made for annual contributions, loans, or both, may be amended or superseded by a contract entered into by mutual agreement between the public housing agency and the Secretary. Contracts may not be amended or superseded in a manner which would impair the rights of the holders of any outstanding obligations of the public housing agency involved for which annual contributions have been pledged. Any rule of law contrary to this provision shall be deemed inapplicable. “(g) In addition to the authority of the Secretary under subsection
(a)to pledge annual contributions as security for obligations issued by a public housing agency, the Secretary is authorized to pledge annual contributions as a guarantee of payment by a public housing agency of all principal and interest on obligations issued by it to assist the 88 Stat. 659 development or acquisition of the project to which the annual contributions relate, except that no obligation shall be guaranteed under this subsection if the income thereon is exempt from Federal taxation. “(h) Notwithstanding any other provision of law, a public housing agency may sell a low-income housing project to its low-income tenants, on such terms and conditions as the agency may determine, without affecting the Secretary’s commitment to pay annual contributions with respect to that project, but such contributions shall not exceed the maximum contributions authorized under subsection
(a)of this section. “contract provisions and requirements “Sec. 6.
(a)Secretary may include in any contract for loans, annual [42 USC 1437d.](/us/usc/t42/s1437d) contributions, sale, lease, mortgage, or any other agreement or instrument made pursuant to this Act, such convenants, conditions, or provisions as he may deem necessary in order to insure the low-income character of the project involved. Any such contract may contain a condition requiring the maintenance of an open space or playground in connection with the housing project involved if deemed necessary by the Secretary for the safety or health of children. Any such contract shall require that, except in the case of housing predominantly for the elderly, high-rise elevator projects shall not be provided for families with children unless the Secretary makes a determination that there is no practical alternative. “(b) Every contract made pursuant to this Act for loans (other than preliminary loans) or annual contributions shall provide that the cost of construction and equipment of the project (excluding land, demolition, and nondwelling facilities) on which the computation of any annual contributions under this Act may be based shall not exceed by more than 10 per centum the appropriate prototype cost for the area. The prototype costs shall be determined at least annually by the Secretary on the basis of his estimate of the construction costs of new dwelling units of various sizes and types in the area suitable for occupancy by persons assisted under this Act. In making his determination the Secretary shall take into account
(1)the extra durability required for safety and security and economical maintenance of such housing,
(2)the provision of amenities designed to guarantee a safe and healthy family life and neighborhood environment,
(3)the application of good design as an essential component of such housing for safety and security as well as other purposes,
(4)the maintenance of quality in architecture to reflect the standards of the neighborhood and community,
(5)the need for maximizing the conservation of energy for heating, lighting, and other purposes,
(6)the effectiveness of existing cost limits in the area, and
(7)the advice and recommendations of local housing producers. The prototype costs for any area Publication in Federal Register. shall become effective upon the date of publication in the Federal Register. “(c) Every contract for annual contributions shall provide that— “(1) the Secretary may require the public housing agency to review and revise its maximum income limits if the Secretary determines that changed conditions in the locality make such revision necessary in achieving the purposes of this Act; “(2) the public housing agency shall determine, and so certify to the Secretary, that each family in the project was admitted in accordance with duly adopted regulations and approved income limits; and the public housing agency shall review the incomes of families living in the project at intervals of two years (or at shorter intervals where the Secretary deems it desirable); 88 Stat. 660 “(3) the public housing agency shall promptly notify
(i)any Ineligble applicants, notice and informal hearing. applicant determined to be ineligible for admission to the project of the basis for such determination and provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination, and
(ii)any applicant determined to be eligible for admission to the project of the approximate date of occupancy insofar as such date can be reasonably determined; and “(4) the public housing agency shall comply with such procedures and requirements as the Secretary may prescribe to assure that sound management practices will be followed in the operation of the project, including requirements pertaining to— “(A) the establishment of tenant selection criteria designed to assure that, within a reasonable period of time, the project will include families with a broad range of incomes and will avoid concentrations of low-income and deprived families with serious social problems, but this shall not permit maintenance of vacancies to await higher income tenants where lower income tenants are available; “(B) the establishment of satisfactory procedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment of rent; “(C) the establishment of effective tenant-management relationships designed to assure that satisfactory standards of tenant security and project maintenance are formulated and that the public housing agency (together with tenant councils where they exist) enforces those standards fully and effectively; and “(D) the development by local housing authority managements of viable homeownership opportunity programs for low-income families capable of assuming the responsibilities of homeownership. “(d) Every contract for annual contributions with respect to a low-income housing project shall provide that no annual contributions by the Secretary shall be made available for such project unless such project (exclusive of any portion thereof which is not assisted by annual contributions under this Act) is exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision; and such contract shall require the public housing agency to make payments in lieu of taxes equal to 10 per centum of the sum of the annual shelter rents charged in such project, or such lesser amount as
(i)is prescribed by State law, or
(ii)is agreed to by the local governing body in its agreement for local cooperation with the public housing agency required under section 5(e)(2) of this Act, or
(iii)is due to failure of a local public body or bodies other than the public housing agency to perform any obligation under such agreement. If any such project is not exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision, such contract shall provide, in lieu of the requirement for tax exemption and payments in lieu of taxes, that no annual contributions by the Secretary shall be made available for such project unless and until the State, city, county, or other political subdivision in which such project is situated shall contribute, in the form of cash or tax remission, the amount by which the taxes paid with respect to the project exceed 10 per centum of the annual shelter rents charged in such project. 88 Stat. 661 “(e) Every contract for annual contributions shall provide that whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges), an amount equal to such excess shall be applied, or set aside for application, to purposes which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions. “(f) Every contract for annual contributions shall provide that when the public housing agency and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, making it unusable for housing purposes, a program of modifications or closeout shall be prepared. If it is mutually determined that such project can be returned to useful life, then the Secretary is authorized to utilize such annual contributions as are necessary to enable the local public housing agency to undertake an agreed-upon program of modifications. If it is mutually determined that no program of modifications is feasible or that such a program would not return the housing to a useful life, then the Secretary is authorized to prepare a closeout program, utilizing such annual contributions as are necessary to accommodate the outstanding indebtedness on the project, the cost of demolition (if the physical improvements are not to be sold), and the cost of relocating displaced families into satisfactory replacement housing. The net closeout cost to the Federal Government shall take into consideration any receipts from the sale of physical improvements, land, or other assets, pursuant to the provisions of the annual contributions contract. “(g) Every contract for annual contributions (including contracts which amend or supersede contracts previously made) may provide that— “(1) upon the occurrence of a substantial default in respect to the covenants or conditions to which the public housing agency is subject (as such substantial default shall be defined in such contract), the public housing agency shall be obligated at the option of the Secretary either to convey title in any case where, in the determination of the Secretary (which determination shall be final and conclusive), such conveyance of title is necessary to achieve the purposes of this Act, or to deliver to the Secretary possession of the project, as then constituted, to which such contract relates; and “(2) the Secretary shall be obligated to reconvey or redeliver possession of the project, as constituted at the time of reconveyance or redelivery, to such public housing agency or to its successor (if such public housing agency or a successor exists) upon such terms as shall be prescribed in such contract, and as soon as practicable
(i)after the Secretary is satisfied that all defaults with respect to the project have been cured, and that the project will, in order to fulfill the purposes of this Act, thereafter be operated in accordance with the terms of such contract; or
(ii)after the termination of the obligation to make annual contributions available unless there are any obligations or covenants of the public housing agency to the Secretary which are then in default. Any prior conveyances and reconveyances or deliveries and redeliveries of possession shall not exhaust the right to require a conveyance or delivery of possession of the project to the Secretary pursuant to subparagraph
(1)upon the subsequent occurrence of a substantial default. 88 Stat. 662 Whenever such a contract for annual contributions includes provisions which the Secretary in such contract determines are in accordance with this subsection, and the portion of the annual contribution payable for debt service requirements pursuant to such contract has been pledged by the public housing agency as security for the payment of the principal and interest on any of its obligations, the Secretary (notwithstanding any other provisions of this Act) shall continue to make such annual contributions available for the project so long as any of such obligations remain outstanding, and may covenant in such contract that in any event such annual contributions shall in each year be at least equal to an amount which, together with such income or other funds as are actually available from the project for the purpose at the time such annual contribution is made, will suffice for the payment of all installments, falling due within the next succeeding twelve months, of principal and interest on the obligations for which the annual contributions provided for in the contract shall have been pledged as security. In no case shall such annual contributions be in excess of the maximum sum specified in the contract involved, nor for longer than the remainder of the maximum period fixed by the contract. “congregate housing “Sec. 7. The Secretary shall encourage public housing agencies, in [42 USC 1437e.](/us/usc/t42/s1437e) providing housing predominantly for displaced or elderly families, to design, develop, or otherwise acquire such housing to meet the special needs of the occupants and, wherever practicable, for use in whole or in part as congregate housing: *Provided*, That not more than 10 per centum of the total amount of contracts for annual contributions entered into any fiscal year pursuant to the new authority granted under section 202 of the Housing and Urban Development Act of 1970 [42 USC 1410.](/us/usc/t42/s1410) or under any law subsequently enacted shall be entered into with respect to units in congregate housing. As used in this section the term ‘congregate housing’ means low-income housing
(A)in which some or all of the dwelling units do not have kitchen facilities, and
(B)connected with which there is a central dining facility to provide wholesome and economical meals for elderly and displaced families under terms and conditions prescribed by the public housing agency to permit a generally self-supporting operation. Expenditures incurred by a public agency in the operation of a central dining facility in connection with congregate housing (other than the cost of providing food and service) shall be considered one of the costs of operation of the project. “lower-income housing assistance “Sec. 8.
(a)For the purpose of aiding lower-income families in [42 USC 1437f.](/us/usc/t42/s1437f) obtaining a decent place to live and of promoting economically mixed housing, assistance payments may be made with respect to existing, newly constructed, and substantially rehabilitated housing in accordance with the provisions of this section. “(b)(1) The Secretary is authorized to enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make assistance payments to owners of existing dwelling units in accordance with this section. In areas where no public housing agency has been organized or where the Secretary determines that a public housing agency is unable to implement the provisions of this section, the Secretary is authorized to enter into such contracts and to perform the other functions assigned to a public housing agency by this section. 88 Stat. 663 “(2) To the extent of annual contributions authorizations under section 5(c) of this Act, the Secretary is authorized to make assistance *Ante,* p. 656. payments pursuant to contracts with owners or prospective owners who agree to construct or substantially rehabilitate housing in which some or all of the units shall be available for occupancy by lower-income families in accordance with the provisions of this section. The Secretary may also enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make assistance payments to such owners or prospective owners. “(c)(1) An assistance contract entered into pursuant to this section Maximum monthly rent. shall establish the maximum monthly rent (including utilities and all maintenance and management charges) which the owner is entitled to receive for each dwelling unit with respect to which such assistance payments are to be made. The maximum monthly rent shall not Limitation. exceed by more than 10 per centum the fair market rental established by the Secretary periodically but not less than annually for existing or newly constructed rental dwelling units of various sizes and types in the market area suitable for occupancy by persons assisted under this section, except that the maximum monthly rent may exceed the fair market rental by more than 10 but not more than 20 per centum where the Secretary determines that special circumstances warrant such higher maximum rent or that such higher rent is necessary to the implementation of a local housing assistance plan as defined in section *Post,* p. 674. Proposed fair market rentals, publication in Federal Register. 213(a)(5) of the Housing and Community Development Act of 1974. Proposed fair market rentals for an area shall be published in the Federal Register with reasonable time for public comment, and shall become effective upon the date of publication in final form in the Federal Register. “(2)(A) The assistance contract shall provide for adjustment annually Adjustments. or more frequently in the maximum monthly rents for units covered by the contract to reflect changes in the fair market rentals established in the housing area for similar types and sizes of dwelling units or, if the Secretary determines, on the basis of a reasonable formula. “(B) The contract shall further provide for the Secretary to make additional adjustments in the maximum monthly rent for units under contract to the extent he determines such adjustments are necessary to reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs which are not adequately compensated for by the adjustment in the maximum monthly rent authorized by subparagraph (A). “(C) Adjustments in the maximum rents as hereinbefore provided shall not result in material differences between the rents charged for assisted and comparable unassisted units, as determined by the Secretary. “(3) The amount of the monthly assistance payment with respect to any dwelling unit, in the case of a large very low-income family, a very large lower income family, or a family with exceptional medical or other expenses, as determined by the Secretary, shall be the difference between 15 per centum of one-twelfth of the annual income of the family occupying the dwelling unit and the maximum monthly rent which the contract provides that the owner is to receive for the unit. In the case of other families, the Secretary shall establish the amount of the assistance payment as the difference between not less than 15 per centum nor more than 25 per centum of the family’s income and the maximum rent, taking into consideration the income of the family, the 88 Stat. 664 number of minor children in the household, and the extent of medical or other unusual expenses incurred by the family. Reviews of family income shall be made no less frequently than annually (except that such reviews may be made at intervals no longer than two years in the case of families who are elderly families). “(4) The assistance contract shall provide that assistance payments may be made only with respect to a dwelling unit under lease for occupancy by a family determined to be a lower income family at the time it initially occupied such dwelling unit, except that such payments may be made with respect to unoccupied units for a period not exceeding sixty days
(A)in the event that a family vacates a dwelling unit before the expiration date of the lease for occupancy or
(B)where a good faith effort is being made to fill an unoccupied unit. “(5) Assistance payments may be made with respect to up to 100 per centum of the dwelling units in any structure upon the application of the owner or prospective owner. Within the category of projects containing more than fifty units and designed for use primarily by nonelderly and nonhandicapped persons, the Secretary may give preference to applications for assistance involving not more than 20 per centum of the dwelling units in a project. In according any such preference, the Secretary shall compare applications received during distinct time periods not exceeding sixty days in duration. “(6) The Secretary shall take such steps as may be necessary, including the making of contracts for assistance payments in amounts in excess of the amounts required at the time of the initial renting of dwelling units, the reservation of annual contributions authority for the purpose of amending housing assistance contracts, or the allocation of a portion of new authorizations for the purpose of amending housing assistance contracts, to assure that assistance payments are increased on a timely basis to cover increases in maximum monthly rents or decreases in family incomes. “(7) At least 30 per centum of the families assisted under this section with annual allocations of contract authority shall be very low-income families at the time of the initial renting of dwelling units. “(8) To the extent authorized in contracts entered into by the Secretary with a public housing agency, such agency may purchase any structure containing one or more dwelling units assisted under this section for the purpose of reselling the structure to the tenant or tenants occupying units aggregating in value at least 80 per centum of the structure’s total value. Any such resale may be made on the terms and conditions prescribed under section 5(h) and subject to the limitation *Ante,* p. 656. contained in such section. “(d)(1) Contracts to make assistance payments entered into by a public housing agency with an owner of existing housing units shall provide (with respect to any unit) that— “(A) the selection of tenants for such unit shall be the function of the owner, subject to the provisions of the annual contributions contract between the Secretary and the agency; “(B) the agency shall have the sole right to give notice to vacate, with the owner having the right to make representation to the agency for termination of tenancy; “(C) maintenance and replacement (including redecoration) shall be in accordance with the standard practice for the building concerned as established by the owner and agreed to by the agency; and “(D) the agency and the owner shall carry out such other appropriate terms and conditions as may be mutually agreed to by them. 88 Stat. 665 “(2) Each contract for an existing structure entered into under this section shall be for a term of not less than one month nor more than one hundred and eighty months. “(e)(1) The Secretary shall not contract to make assistance payments Restriction. with respect to a newly constructed or substantially rehabilitated dwelling unit for a term of less than one month or more than two hundred and forty months. In the case of a project owned by, or financed by a loan or loan guarantee from, a State or local agency, the term may not exceed four hundred and eighty months. “(2) The contract between the Secretary and the owner with respect to newly constructed or substantially rehabilitated dwelling units shall provide that all ownership, management, and maintenance responsibilities, including the selection of tenants and the termination of tenancy, shall be assumed by the owner (or any entity, including a public housing agency, approved by the Secretary, with which the owner may contract for the performance of such responsibilities). “(3) The construction or substantial rehabilitation of dwelling units to be assisted under this section shall be eligible for financing with mortgages insured under the National Housing Act. Assistance with [12 USC 1701](/us/usc/t12/s1701) note. respect to such dwelling units shall not be withheld or made subject to preferences by reason of the availability of mortgage insurance pursuant to section 244 of such Act or by reason of the tax-exempt *Post,* p. 679. status of the bonds or other obligations to be used to finance such construction or rehabilitation. “(4) Nothing in this Act shall be deemed to prohibit an owner from pledging, or offering as security for any loan or obligation, a contract for assistance payments entered into pursuant to this section: *Provided*, That such security is in connection with a project constructed or rehabilitated pursuant to authority granted in this section, and the terms of the financing or any refinancing have been approved by the Secretary. “(f) As used in this section—Definitions. “(1) the term ‘lower income families’ means those families whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of his findings that such variations are necessary because of prevailing levels of construction costs, unusually high or low family incomes, or other factors; “(2) the term ‘very low-income families’ means those families whose incomes do not exceed 50 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families; “(3) the term ‘income’ means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary; “(4) the term ‘owner’ means any private person or entity, including a cooperative, or a public housing agency, having the legal right to lease or sublease newly constructed or substantially rehabilitated dwelling units as described in this section; and “(5) the terms ‘rent’ or ‘rental’ mean, with respect to members of a cooperative, the charges under the occupancy agreements between such members and the cooperative. “(g) Notwithstanding any other provision of this Act, assistance payments under this section may be provided, in accordance with regulations prescribed by the Secretary, with respect to some or all of the units in any project approved pursuant to section 202 of the Housing Act of 1959.[12 USC 1701q.](/us/usc/t12/s1701q) 88 Stat. 666 “(h) The provisions of sections 3(1), 5(e), and 6, and any other *Ante,* pp. 654, 656, 659. provisions of this Act, which are inconsistent with the provisions of this section shall not apply to contracts for assistance entered into under this section. “annual contributions for operation of low-income housing projects “Sec. 9.
(a)In addition to the contributions authorized to be made [42 USC 1437g.](/us/usc/t42/s1437g) for the purposes specified in section 5 of this Act, the Secretary may make annual contributions to public housing agencies for the operation of low-income housing projects. The contributions payable annually under this section shall not exceed the amounts which the Secretary determines are required
(1)to assure the low-income character of the projects involved, and
(2)to achieve and maintain adequate operating services and reserve funds. The Secretary shall embody the provisions for such annual contributions in a contract guaranteeing their payment subject to the availability of funds. For purposes of making payments under this section, the Secretary shall establish standards for costs of operation and reasonable projections of income, taking into account the character and location of the project and characteristics of the families served, or the costs of providing comparable services as determined in accordance with criteria or a formula representing the operations of a prototype well-managed project. “(b) The aggregate rentals required to be paid in any year by families residing in the dwelling units administered by a public housing agency receiving annual contributions under this section shall not be less than an amount equal to one-fifth of the sum of the incomes of all such families. “(c) Of the aggregate amount of contracts for annual contributions authorized in section 5(c) of this Act to be entered into on or after July 1, 1974, the Secretary is authorized to enter into contracts for annual contributions under this section aggregating not more than $500,000,000 per annum, which amount shall be increased by $60,000,000 on July 1, 1975. “general provisions “Sec. 10.
(a)In the performance of, and with respect to, the [42 USC 1437h.](/us/usc/t42/s1437h) functions, powers, and duties vested in him by this Act, the Secretary, notwithstanding the provisions of any other law, shall— “(1) prepare annually and submit a budget program as provided for wholly owned Government corporations by the Government Corporation Control Act, as amended; and[31 USC 841](/us/usc/t31/s841) note. “(2) maintain an integral set of accounts which shall be audited GAO audit. annually by the General Accounting Office in accordance with the principles and procedures applicable to commercial transactions as provided by the Government Corporation Control Act, as amended, and no other audit shall be required. “(b) All receipts and assets of the Secretary under this Act shall be available for the purposes of this Act until expended. “(c) The Federal Reserve banks are authorized and directed to act as depositories, custodians, and fiscal agents for the Secretary in the general exercise of his powers under this Act, and the Secretary may reimburse any such bank for its services in such manner as may be agreed upon. 88 Stat. 667 “financing low-income housing projects “Sec. 11.
(a)Obligations issued by a public housing agency in connection [42 USC 1437i.](/us/usc/t42/s1437i) with low-income housing projects which
(1)are secured
(A)by a pledge of a loan under any agreement between such public housing agency and the Secretary, or
(B)by a pledge of annual contributions under an annual contributions contract between such public housing agency and the Secretary, or
(C)by a pledge of both annual contributions under an annual contributions contract and a loan under an agreement between such public housing agency and the Secretary, and
(2)bear, or are accompanied by, a certificate of the Secretary that such obligations are so secured, shall be incontestable in the hands of a bearer and the full faith and credit of the United States is pledged to the payment of all amounts agreed to be paid by the Secretary as security for such obligations. “(b) Except as provided in section 5(g), obligations, including Tax exemption. *Ante,* p. 656. interest thereon, issued by public housing agencies in connection with low-income housing projects shall be exempt from all taxation now or hereafter imposed by the United States whether paid by such agencies or by the Secretary. The income derived by such agencies from such projects shall be exempt from all taxation now or hereafter imposed by the United States. “labor standards “Sec. 12. Any contract for loans, annual contributions, sale, or lease [42 USC 1437j.](/us/usc/t42/s1437j) pursuant to this Act shall contain a provision requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, and technicians employed in the development, and all maintenance laborers and mechanics employed in the operation, of the low-income housing project involved; and shall also contain a provision that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act (49 Stat. 1011), shall be paid to all laborers and mechanics [40 USC 276a](/us/usc/t40/s276a) note. employed in the development of the project involved (including a project with nine or more units assisted under section 8 of this Act, where the public housing agency or the Secretary and the builder or sponsor enter into an agreement for such use before construction or rehabilitation is commenced), and the Secretary shall require certification as to compliance with the provisions of this section prior to making any payment under such contract.”"
(b)The provisions of subsection
(a)of this section shall be effective Effective date. [42 USC 1437](/us/usc/t42/s1437) note. on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after the date of the enactment of this Act; except that
(1)all of the provisions of section 3(1) of the United States Housing Act of 1937, as amended by *Ante,* p. 654. subsection
(a)of this section, shall become effective on the same date,
(2)all of the provisions of sections 5 and 9(c) of such Act as so *Ante,* p. 666. *Ante,* p. 662. amended shall become effective on the same date, and
(3)section 8 of such Act as so amended shall be effective not later than January 1, 1975. applicability of rental requirements Sec. 202. To the extent that section 3(1) of the United States Housing [42 USC 1437a](/us/usc/t42/s1437a) note. Act of 1937, as amended by section 201(a) of this Act, would require the establishment of an increased monthly rental charge for any family which occupies a low-income housing unit as of the effec-88 Stat. 668tive date of such section 3(1) (other than by reason of the provisions *Ante,* p. 654. relating to welfare assistance payments), the required adjustment shall be made, in accordance with regulations of the Secretary, as follows:
(A)the first adjustment shall not exceed $5 and shall become effective as of the month following the month of the first review of the family’s income pursuant to section 6(c)(2) of such Act which occurs *Ante,* p. 659. at least six months after the effective date of such section 3(1), and
(B)subsequent adjustments, each of which shall not exceed $5, shall be made at six-month intervals over whatever period is necessary to effect the full required increase in the family’s rental charge. exemptions of certain projects from rental formula Sec. 203. The rental or income contribution provisions of the United [42 USC 1437f](/us/usc/t42/s1437f) note. States Housing Act of 1937, as amended by section 201 of this Act, shall not preclude the use of special schedules of required payments as approved by the Secretary for participants in mutual help housing projects who contribute labor, land, or materials to the development of such projects. repeal of specification requirements in construction contracts Sec. 204. Section 815 of the Housing Act of 1954 is repealed.Repeal. [42 USC 1411d, 1455a.](/us/usc/t42/s1411d/s1455a) retroactive effect of repeal of section 10(j) Sec. 205. Section 206(c) of the Housing Act of 1961 (Public Law 87–70, approved June 30, 1961, 75 Stat. 165) is amended by adding at [42 USC 1410](/us/usc/t42/s1410) note. the end thereof the following sentence: “The Secretary of Housing and Urban Development is authorized to agree with a public housing agency to the amendment of any annual contributions contract containing the provision prescribed in section 10(j) of the United States Housing Act of 1937 (as in effect prior to the enactment of the Housing [42 USC 1410.](/us/usc/t42/s1410) and Community Development Act of 1974), so as to delete such provision and waive any rights of the United States that are accrued or may accroe under such provision.” amendment to national bank act Sec. 206. The sixth sentence of paragraph “Seventh” of section 5136 of the Revised Statutes, as amended (12 U.S.C. 24), is amended—
(1)by striking out “1421a(b) of title 42” wherever it appears and inserting in lieu thereof w“6(g) of the United States Housing Act of 1937”;*Ante,* p. 659.
(2)by striking out “either” before clause (1);
(3)by striking out “(which obligations shall have a maturity of not more than eighteen months)” in clause (1);
(4)by striking out “or” before clause (2); and
(5)by inserting before the colon before the first proviso the following: “, or
(3)by a pledge of both annual contributions under an annual contributions contract containing the covenant by the Secretary which is authorized by section 6(g) of the United States Housing Act of 1937, and a loan under an agreement between the local public housing agency and the Secretary in which the public housing agency agrees to borrow from the Secretary, and the Secretary agrees to lend to the public housing agency, prior to the maturity of the obligations involved, moneys in an amount which (together with any other moneys irrevocably committed under the annual contributions contract to the payment of principal and interest on such obligations) will suffice to pro-88 Stat. 669vide for the payment when due of all installments of principal and interest on such obligations, which moneys under the terms of the agreement are required to be used for the purpose of paying the principal and interest on such obligations at their maturity”. amendments to lanham act Sec. 207.
(a)Section 606 of the Act of October 14, 1940, as amended (42 U.S.C. 1586), is amended by striking out that part of the first sentence in subsection
(b)which follows the parenthetical phrase and inserting in lieu thereof a period, and by striking out all of the second sentence.
(b)Section 606(c)(1) of such Act is amended by inserting before the semicolon at the end thereof the following: “, or, with the Secretary’s approval, used to finance the repair or rehabilitation of a project or part thereof conveyed to the public housing agency under this section”. leased housing Sec. 208. Nothing in this title or any other provision of law authorizes [42 USC 1421b](/us/usc/t42/s1421b) note. the Secretary of Housing and Urban Development to apply any policy or procedure established by him with respect to the rights of an owner under a lease entered into under section 23 of the United States Housing Act of 1937 if such lease was entered into prior to the [42 USC 1421b.](/us/usc/t42/s1421b) effective date of such policy or procedure. low-income housing for the elderly or handicapped Sec. 209. The Secretary shall consult with the Secretary of Health, [42 USC 1438.](/us/usc/t42/s1438) Education, and Welfare to insure that special projects for the elderly or the handicapped authorized pursuant to United States Housing Act of 1937 shall meet acceptable standards of design and shall provide *Ante,* p. 653 quality services and management consistent with the needs of the occupants. Such projects shall be specifically designed and equipped with such “related facilities” (as defined in section 202(d)(8) of the Housing Act of 1959) as may be necessary to accommodate the special *Post,* p. 671. environmental needs of the intended occupants and shall be in support of and supported by the applicable State plans for comprehensive services pursuant to section 134 of the Mental Retardation Facilities and Community Mental Health Center Construction Act of 1963 or State and area plans pursuant to title III of the Older Americans Act of 1965.[42 USC 2674.](/us/usc/t42/s2674) [42 USC 3021.](/us/usc/t42/s3021) revision of section 202 program for elderly and handicapped Sec. 210.
(a)Section 202(a)(3) of the Housing Act of 1959 is [12 USC 1701q.](/us/usc/t12/s1701q) amended by striking out all that follows “and shall bear interest at a rate” and inserting in lieu thereof “which is not more than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 per centum, plus an allowance adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program.”
(b)Section 202(d)(4) of such Act is amended—
(1)by striking out “a physical” in the second sentence and inserting in lieu thereof “an”; and 88 Stat. 670
(2)by inserting after the second sentence the following new sentence: “A person shall also be considered handicapped if such person is a developmentally disabled individual as defined in section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1950.”
(c)Section 202 of such Act is further amended by adding at the [12 USC 1701q.](/us/usc/t12/s1701q) end thereof the following new subsection: " “(f) In carrying out the provisions of this section, the Secretary shall seek to assure, pursuant to applicable regulations, that housing and related facilities assisted under this section will be in appropriate support of, and supported by, applicable State and local plans which respond to Federal program requirements by providing an assured range of necessary services for individuals occupying such housing (which services may include, among others, health, continuing education, welfare, informational, recreational, homemaker, counseling, and referral services, transportation where necessary to facilitate access to social services, and services designed to encourage and assist recipients to use the services and facilities available to them), including plans approved by the Secretary of Health, Education, and Welfare pursuant to section 134 of the Mental Retardation Facilities and Community Mental Health Center Construction Act of 1963 or pursuant [42 USC 2674.](/us/usc/t42/s2674) [42 USC 3021.](/us/usc/t42/s3021) to title III of the Older Americans Act of 1965.” "
(d)Section 202(a)(4) of such Act is amended—
(1)by inserting “(A)” immediately after “(4)”;
(2)by inserting “, and the proceeds from notes or other obligations issued under subparagraph (B),” after “Amounts so appropriated”; and
(3)by adding at the end thereof the following new subparagraphs: " “(B)(i) To carry out the purposes of this section, the Secretary is authorized to issue to the Secretary of the Treasury notes or other obligations in an aggregate amount not to exceed $800,000,000, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be prescribed by the Secretary of the Treasury. Such notes or other obligations shall bear interest at a Interest rate. rate 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 during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act; and [31 USC 774.](/us/usc/t31/s774) the purposes for which securities may be issued under that Act are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. “(ii) The receipts and disbursements of the fund shall not be included in the total of the Budget of the United States Government and shall be exempt from any limitation on annual expenditure or net lending. “(C) Amounts in the fund shall be available to the Secretary for the purpose of making loans under this section and for paying interest on obligations issued under subparagraph (B). The aggregate loans made under this section in any fiscal year shall not exceed the 88 Stat. 671 limits on such lending authority established for such year in appropriation Acts.” "
(e)Section 202(a) of such Act is amended by adding at the end [12 USC 1701q.](/us/usc/t12/s1701q) thereof the following new paragraph: " “(5) To the maximum extent practicable, the Secretary shall use the services and facilities of the private mortgage industry in servicing mortgage loans made under this section.” "
(f)Section 202(d)(8) of such Act is amended by inserting immediately after “families” the following: “residing in the project or in the area”. (g)(1) In determining the feasibility and marketability of a project [12 USC 1701q](/us/usc/t12/s1701q) note. under section 202 of the Housing Act of 1959, the Secretary shall consider the availability of monthly assistance payments pursuant to section 8 of the United States Housing Act of 1937 with respect to such *Ante,* p, 662. a project.
(2)The Secretary shall insure that with the original approval of a project authorized pursuant to section 202 of the Housing Act of 1959, and thereafter at each annual revision of the assistance contract under section 8 of the United States Housing Act of 1937 with respect to units in such project, the project will serve both low- and moderate-income families in a mix which he determines to be appropriate for the area and for viable operation of the project; except that the Secretary shall not permit maintenance of vacancies to await tenants of one income level where tenants of another income level are available. single-family mortgage assistance Sec. 211.
(a)Section 235 of the National Housing Act is amended—[12 USC 1715z.](/us/usc/t12/s1715z)
(1)by striking out “and by $200,000,000 on July 1, 1971” in subsection (h)(1) and inserting in lieu thereof “by $200,000,000 on July 1, 1971, and by such sums as may be approved in appropriation Acts after June 30, 1974, and prior to July 1, 1976”;
(2)by adding at the end of subsection (h)(1) the following: “Upon the expiration of one year following the date of enactment of the Housing and Community Development Act of 1974, the Secretary shall not enter into new contracts for assistance payments under this section utilizing authority approved in appropriation Acts prior to July 1, 1974.”;
(3)by striking out paragraph
(2)of subsection
(h)and inserting in lieu thereof the following: " “(2) Assistance payments under this section may be made only with respect to a family whose income at the time of initial occupancy does not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of his findings that such variations are necessary because of prevailing levels of construction costs, unusually high or low median family incomes, or other factors.”; "
(4)by striking out “prior to July 1, 1972” in subsection (h)(3)
(B)and inserting in lieu thereof “on or after July 1, 1969”;
(5)by inserting after “mortgage” in the first sentence of subsection (i)(1) the following: “(including advances with respect to property construction or rehabilitation pursuant to a self-help program)”;
(6)by striking out paragraph (3)(C) of subsection
(i)and inserting in lieu thereof the following:" “(C) be executed by a mortgagor who shall have paid in cash or its equivalent, on account of the property, at least an 88 Stat. 672 amount equal to 3 per centum of the Secretary’s estimate of the cost of acquisition.”; and "
(7)by striking out “October 1, 1974” in subsection
(m)and inserting in lieu thereof “June 30, 1976”.
(b)Section 235(a) of such Act is amended by inserting after “this [12 USC 1715z.](/us/usc/t12/s1715z) section” at the end of the second sentence the following: “or which mortgages are assisted under a State or local program providing assistance through loans, loan insurance or tax abatement”. (c)(1) The last proviso in section 235(b)
(2)of such Act is amended by striking out “$18,000”, “$21,000”, “$21,000”, and “$24,000” and inserting in lieu thereof “$21,600”, “$25,200”, “$25,200”, and “$28,800”, respectively.
(2)Section 235(i)
(B)of such Act is amended by striking out “$18,000”, “$21,000”, “$21,000”, and “$24,000” and inserting in lieu thereof “21,600”, “$25,200”, “$25,200”, and “$28,800”, respectively. multifamily mortgage assistance Sec. 212. Section 236 of the National Housing Act is amended—[12 USC 1715z–1.](/us/usc/t12/s1715z–1)
(1)by inserting “(1)” after “(f)” at the beginning of subsection (f), and by redesignating clauses
(1)and
(2)of such subsection as clauses
(A)and (B), respectively;
(2)by adding at the end of subsection
(1)the following: " “With respect to those projects which the Secretary determines have separate utility metering for some or all dwelling units, the Secretary is authorized— “(i) to permit the basic rental charge and the fair market rental charge to be determined on the basis of operating the project without the payment of the cost of utility services used by such dwelling units; and “(ii) to permit the charging of a rental for such dwelling units at such an amount less than 25 per centum of a tenant’s income as the Secretary determines represents a proportionate decrease for the utility charges to be paid by such tenant, but in no case shall such rental be lower than 20 per centum of a tenant’s income. “(2) With respect to 20 per centum of the dwelling units in any project made subject to a contract under this section after the date of enactment of the Housing and Community Development Act of 1974, the Secretary shall make, and contract to make, additional assistance payments to the project owner on behalf of tenants whose incomes are too low for them to afford the basic rentals with 25 per centum of their income or such lower per centum as may be established pursuant to the provisions of clause
(ii)of the last sentence of paragraph (1). The additional assistance payments authorized by this paragraph with respect to any dwelling unit shall be the amount required to reduce the rental payment by the tenant to 25 per centum of the tenant’s income or such lower per centum as may be established pursuant to the provisions of clause
(ii)of the last sentence of paragraph (1). In no case shall such rental payment be reduced below an amount equal to utility costs attributable to the unit occupied by the tenant, unless the Secretary determines that the application of this requirement in any area would result in undue hardship because of unusually high utility costs prevailing seasonally or otherwise in such area. Notwithstanding the foregoing provisions of this paragraph, the Secretary may— “(A) reduce such 20 per centum requirement in the case of any project if he determines that such action is necessary to assure the economic viability of the project; or “(B) increase such 20 per centum requirement in the case of any project if he determines that such action is necessary and feasible 88 Stat. 673 in order to assure, insofar as is practicable, that there is in the project a reasonable range in the income levels of tenants, or that such action is to be taken to meet the housing needs of elderly or handicapped families. “(3) For each project there shall be established an initial operating expense level, which shall be the sum of the cost of utilities and local property taxes payable by the project owner at the time the Secretary determines the property to be fully occupied, taking into account anticipated and customary vacancy rates. At any time subsequent to the establishment of an initial operating expense level, the Secretary is authorized to make, and contract to make, additional assistance payments to the project owner in an amount up to the amount by which the sum of the cost of utilities and local property taxes exceeds the initial operating expense level, but not to exceed the amount required to maintain the basic rentals of any units at levels not in excess of 30 per centum, or such lower per centum not less than 25 per centum as shall reflect the reduction permitted in clause
(ii)of the last sentence of paragraph (1), of the income of tenants occupying such units. Any contract to make additional assistance payments may be amended periodically to provide for appropriate adjustments in the amount of the assistance payments. Additional assistance payments shall be made pursuant to this paragraph only if the Secretary finds that the increase in the cost of utilities or local property taxes, is reasonable and is comparable to cost increases affecting other rental projects in the community.”; "
(3)by striking out subsection
(g)and inserting in lieu thereof [12 USC 1715z–1.](/us/usc/t12/s1715z–1) the following: " “(g) The project owner shall, as required by the Secretary, accumulate, safeguard, and periodically pay to the Secretary all rental charges collected in excess of the basic rental charges. Such excess charges shall be credited to a reserve fund to be used by the Secretary to make additional assistance payments as provided in paragraph
(3)of subsection (f). During any period that the Secretary determines that the balance in the reserve fund is adequate to meet the estimated additional assistance payments, such excess charges shall be credited to the appropriation authorized by subsection
(i)and shall be available until the end of the next fiscal year for the purpose of making assistance payments with respect to rental housing projects receiving assistance under this section. For the purpose of this subsection and paragraph
(3)of subsection (f), the initial operating expense level for any project assisted under a contract entered into prior to the date of enactment of the Housing and Community Development Act of 1974 shall be established by the Secretary not later than 180 days after the date of enactment of such Act.”; "
(4)by striking out “and by $200,000,000 on July 1, 1971” in subsection
(1)and inserting in lieu thereof “by $200,000,000 on July 1, 1971, and by $75,000,000 on July 1, 1974”;
(5)by striking out paragraphs
(2)and
(3)of subsection
(i)and inserting in lieu thereof the following: " “(2) Contracts for assistance payments under this section may be entered into only with respect to tenants whose incomes do not exceed 80 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of his findings that such variations are necessary because of prevailing levels of construction costs, unusually high or low family incomes, or other factors. 88 Stat. 674 “(3) Not less than 10 per centum of the total amount of contracts for assistance payments authorized by appropriation Acts to be made after June 30, 1974, shall be available for use only with respect to dwellings, or dwelling units in projects, which are approved by the Secretary prior to rehabilitation. “(4) At least 20 per centum of the total amount of contracts for assistance payments authorized in appropriation Acts to be made after June 30, 1974, shall be available for use only with respect to projects which are planned in whole or in part for occupancy by elderly or handicapped families. As used in this paragraph, the term ‘elderly families’ means families which consist of two or more persons the head of which (or his spouse) is sixty-two years of age or over or is handicapped. Such term also means a single person who is sixty-two years of age or over or is handicapped. A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Secretary, to have an impairment which
(A)is expected to be of long-continued and indefinite duration,
(B)substantially impedes his ability to live independently, and
(C)is of such a nature that such ability could be improved by more suitable housing conditions.”; "
(6)by striking out “October 1, 1974” in subsection
(n)and [12 USC 1715z–1.](/us/usc/t12/s1715z–1) inserting in lieu thereof “June 30, 1976”; and
(7)by adding at the end thereof the following: " “(p) The Secretary is authorized to enter into contracts with State or local agencies approved by him to provide for the monitoring and supervision by such agencies of the management by private sponsors of projects assisted under this section. Such contracts shall require that such agencies promptly report to the Secretary any deficiencies in the management of such projects in order to enable the Secretary to take corrective action at the earliest practicable time.” " local housing assistance plans; allocation of housing funds Sec. 213. (a)(1) The Secretary of Housing and Urban Development, [42 USC 1439.](/us/usc/t42/s1439) upon receiving an application for housing assistance under the *Ante,* p, 653. [12 USC 1715z, 1715z–1.](/us/usc/t12/s1715z/s1715z–1) [12 USC 1701s](/us/usc/t12/s1701s) note. [12 USC 1701q.](/us/usc/t12/s1701q) United States Housing Act of 1937, section 235 or 236 of the National Housing Act, section 101 of the Housing and Urban Development Act of 1965, or section 202 of the Housing Act of 1959, if the unit of general local government in which the proposed assistance is to be provided has an approved housing assistance plan, shall—
(A)not later than ten days after receipt of the application, notify the chief executive officer of such unit of general local government that such application is under consideration; and
(B)afford such unit of general local government the opportunity, during the thirty-day period beginning on the date of such notification, to object to the approval of the application on the grounds that the application is inconsistent with its housing assistance plan.
(2)If the unit of general local government objects to the application on the grounds that it is inconsistent with its housing assistance plan, the Secretary may not approve the application unless he determines that the application is consistent with such housing assistance plan. If the Secretary determines, that such application is consistent with the housing assistance plan, he shall notify the chief executive officer of the unit of general local government of his determination and the reasons therefor in writing. If the Secretary concurs with the objection of the unit of local government, he shall notify the applicant stating the reasons therefor in writing. 88 Stat. 675
(3)If the Secretary does not receive an objection by the close of the period referred to in paragraph (1)(B), he may approve the application unless he finds it inconsistent with the housing assistance plan. If the Secretary determines that an application is inconsistent with a housing assistance plan, he shall notify the applicant stating the reasons therefor in writing.
(4)The Secretary shall make the determinations referred to in paragraphs
(2)and
(3)within thirty days after he receives an objection pursuant to paragraph (1)(B) or within thirty days after the close of the period referred to in paragraph (1)(B), whichever is earlier.
(5)As used in this section, the term “housing assistance plan” “Housing assistance plan.” means a housing assistance plan submitted and approved under section 104 of this Act or, in the case of a unit of general local government not participating under title I of this Act, a housing plan approved by the Secretary as meeting the requirements of this section.
(b)The provisions of subsection
(a)shall not apply to—
(1)applications for assistance involving 12 or fewer units in a single project or development;
(2)applications for assistance with respect to housing in new community developments approved under title IV of the Housing and Urban Development Act of 1968 or title VII of the Housing [42 USC 3901.](/us/usc/t42/s3901) [42 USC 4501.](/us/usc/t42/s4501) and Urban Development Act of 1970 which the Secretary determines are necessary to meet the housing requirements under such title; or
(3)applications for assistance with respect to housing financed by loans or loan guarantees from a State or agency thereof, except that the provisions of subsection
(a)shall apply where the unit of general local government in which the assistance is to be provided objects in its housing assistance plan to the exemption provided by this paragraph.
(c)For areas in which an approved local housing assistance plan is not applicable, the Secretary shall not approve an application for housing assistance unless he determines that there is a need for such assistance, taking into consideration any applicable State housing plans, and that there is or will be available in the area public facilities and services adequate to serve the housing proposed to be assisted. The Secretary shall afford the unit of general local government in which the assistance is to be provided an opportunity, during a 30-day period following receipt of an application by him, to provide comments or information relevant to the determination required to be made by the Secretary under this subsection. (d)(1) In allocating financial assistance under the provisions of law specified in subsection
(a)of this section, the Secretary, so far as practicable, shall consider the relative needs of different areas and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of substandard housing, or other objectively measurable conditions, subject to such adjustments as may be necessary to assist in carrying out activities designed to meet lower income housing needs as described in approved housing assistance plans submitted by units of general local government or combinations of such units assisted under section 107(a)(2) of this Act. The amount of assistance allocated to nonmetropolitan areas pursuant to this section in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of such assistance.
(2)In order to facilitate the provision of, and long-range planning for, housing for persons of low- and moderate-income in new community developments approved under title IV of the Housing and Urban Development Act of 1968 and title VII of the Housing and Urban 88 Stat. 676 Development Act of 1970, the Secretary shall reserve such housing [42 USC 4501.](/us/usc/t42/s4501) assistance funds as he deems necessary for use in connection with such new community developments.
(3)The Secretary may reserve such housing assistance funds as he deems appropriate for use by a State or agency thereof. TITLE III—MORTGAGE CREDIT ASSISTANCE insured advances Sec. 301. Title V of the National Housing Act is amended by adding at the end thereof the following new section: " “advances “Sec. 525. The Secretary is authorized to insure mortgage proceeds [12 USC 1735f–3.](/us/usc/t12/s1735f–3) advanced during construction or rehabilitation or otherwise prior to final endorsement of a project mortgage for the purpose of
(1)financing improvements to the property and the purchase of materials and building components delivered to the property, and
(2)providing funds to cover the cost of building components where such components have been assembled and specifically identified for incorporation into the property but are located at a site other than the mortgaged property, with such security as the Secretary may require.” " increase in maximum mortgage amounts under fha one- to four-family mortgage insurance programs Sec. 302.
(a)Section 203(b)(2) of the National Housing Act is [12 USC 1709.](/us/usc/t12/s1709) amended by striking out “$33,000”, “$35,750”, and “$41,250” wherever they appear and inserting in lieu thereof “$45,000”, “$48,750”, and “$56,000”, respectively.
(b)Section 220(d)(3)(A) of such Act is amended by striking out [12 USC 1715k.](/us/usc/t12/s1715k) “$33,000”, “$35,750”, and “$41,250” wherever they appear and inserting in lieu thereof “$45,000”, “$48,750”, and “$56,000”, respectively.
(c)Section 221(d)(2)(A) of such Act is amended—[12 USC 1715*l*.](/us/usc/t12/s1715l)
(1)by striking out “$18,000”, “$21,000”, “$24,000”, “$32,400”, and “$39,600” in the matter preceding the first proviso and inserting in lieu thereof “$21,600”, “$25,200”, “28,000”, “$38,880”, and “$47,520”, respectively; and
(2)by striking out “$21,000”, “$24,000”, “$30,000”, “$38,400”, and “$45,600” in the second proviso and inserting in lieu thereof “$25,200”, “$28,800”, “$36,000”, “$46,080”, and “$54,720”, respectively.
(d)Section 222(b)(2) of such Act is amended by striking out [12 USC 1715m.](/us/usc/t12/s1715m) “$33,000” and inserting in lieu thereof “$45,000”.
(e)Section 234(c) of such Act is amended by striking out “$33,000” [12 USC 1715y.](/us/usc/t12/s1715y) and inserting in lieu thereof “$45,000”. increase in maximum mortgage amounts under fha multifamily mortgage insurance programs Sec. 303. (a)(1) Section 207(c)(3) of the National Housing Act is [12 USC 1713.](/us/usc/t12/s1713) amended by striking out “$9,900”, “$13,750”, “$16,500”, “$20,350”, “$23,100”, and “$2,500” in the matter preceding the first semicolon and inserting in lieu thereof “$13,000”, “$18,000”, “$21,500”, “$26,500”, “$30,000”, and “$8,250”, respectively.
(2)Section 207(c)(3) of such Act is further amended by striking out “$11,550”, “$16,500”, “$19,800”, “$24,750”, and “$28,050” in the 88 Stat. 677 matter following the first semicolon and inserting in lieu thereof “$15,000”, “21,000”, “$25,750”, “$32,250”, and “$36,465”, respectively. (b)(1) Section 213(b)(2) of such Act is amended by striking out [12 USC 1715e.](/us/usc/t12/s1715e) “$9,900”, “$13,750”, “$16,500”, “$20,350”, and “$23,100” in the matter preceding the first proviso and inserting in lieu thereof “$13,000”, “$18,000”, “$21,500”, “$26,500”, and “$30,000”, respectively.
(2)Section 213(b)(2) of such Act is further amended by striking out “$11,550”, “$16,500”, “$19,800”, “$24,750”, and “$28,050” in the first proviso and inserting in lieu thereof “$15,000”, “$21,000”, “$25,750”, “$32,250”, and “$36,465”, respectively. (c)(1) Section 220(d)(3)(B)(iii) of such Act is amended by striking [12 USC 1715k.](/us/usc/t12/s1715k) out “$9,900”, “$13,750”, “$16,500”, “$20,350”, and “$23,100” in the matter preceding “except” where it first appears and inserting in lieu thereof “$13,000”, “$18,000”, “$21,500”, “$26,500”, and “$30,000”, respectively.
(2)Section 220(d)(3)(B)(iii) of such Act is further amended by striking out “$11,550”, “$16,500”, “$19,800”, “$24,750”, and “$28,050” in the matter following “except” where it first appears and inserting in lieu thereof “$15,000”, “$21,000”, “$25,750”, “$32,250” and “$36,465”, respectively.
(d)Section 221(d)(3)(ii) of such Act is amended—[12 USC 1715*l*.](/us/usc/t12/s1715l)
(A)by striking out “$9,200”, “$12,937.50”, “$15,525”, “$19,550”, and “$22,137.50” and inserting in lieu thereof “$11,240”, “$15,540”, “$18,630”, “$23,460”, and “$26,570”, respectively; and
(B)by striking out “$10,925”, “$13,500”, “$18,400”, “$23,000”, and “$26,162.50” and inserting in lieu thereof “$13,120”, “$16,200”, “$22,080”, “$27,600”, and “$32,000”, respectively. (e)(1) Section 221(d)(4)(ii) of such Act is amended by striking out “$9,200”, “$12,937.50”, “$15,525”, “$19,550”, and “$22,137.50” in the matter preceding the first semicolon and inserting in lieu thereof “$12,300”, “$17,188”, “$20,525”, “$24,700”, and “$29,038”, respectively.
(2)Section 221(d)(4)(ii) of such Act is further amended by striking out “$10,525”, “$15,525”, “$18,400”, “$23,000”, and “$26,162.50” in the matter following the first semicolon and inserting in lieu thereof “$13,975”, “$20,025”, “$24,350”, “$31,500”, and “$34,578”, respectively. (f)(1) Section 231(c)(2) of such Act is amended by striking out [12 USC 1715v.](/us/usc/t12/s1715v) “$8,800”, “$12,375”, “$14,850”, “$18,700”, and “$21,175” in the matter preceding the first semicolon and inserting in lieu thereof “$12,300”, “$17,188”, “$20,525”, “$24,700”, and “$29,038”, respectively.
(2)Section 231(c)(2) of such Act is further amended by striking out “$10,450”, “$14,850”, “$17,600”, “$22,000”, and “$25,025” in the matter following the first semicolon and inserting in lieu thereof “$13,975”, “$20,025”, “$24,350”, “$31,500”, and “$34,578”, respectively. (g)(1) Section 234(e)(3) of such Act is amended by striking out [12 USC 1715y.](/us/usc/t12/s1715y) “$9,900”, “$13,750”, “$16,500”, “$20,350”, and “$23,100” in the matter preceding the first proviso and inserting in lieu thereof “$13,000”, “$18,000”, “$21,500”, “$26,500”, and “$30,000”, respectively.
(2)Section 234(e)(3) of such Act is further amended by striking out “$11,550”, “$16,500”, “$19,800”, “$24,750”, and “$28,050” in the first proviso and inserting in lieu thereof “$15,000”, “$21,000”, “$25,750”, “$32,250”, and “$36,465”, respectively. elimination of project mortgage dollar limits Sec. 304. (a)(1) Section 207(c) of the National Housing Act is [12 USC 1713.](/us/usc/t12/s1713) amended by striking out paragraph (1).
(2)Section 207(c)(3) of such Act is amended by striking out “or $1,000,000 per mortgage for trailer courts or parks”. 88 Stat. 678
(b)Section 213(b) of such Act is amended by striking out [12 USC 1715e.](/us/usc/t12/s1715e) paragraph (1).
(c)Section 213(c) of such Act is amended by striking out “not to exceed $12,500,000 and”.
(d)Section 220(d)(3)(B) of such Act is amended by striking out [12 USC 1715k.](/us/usc/t12/s1715k) clause (i).
(e)Section 221(d) of such Act is amended—[12 USC 1715*l*.](/us/usc/t12/s1715l)
(1)by striking out clause
(i)in paragraph (3); and
(2)by striking out clause
(i)in paragraph (4).
(f)Section 231(c) of such Act is amended by striking out [12 USC 1715v.](/us/usc/t12/s1715v) paragraph (1).
(g)Section 232(d)(2) of such Act is amended by striking out “not [12 USC 1715w.](/us/usc/t12/s1715w) to exceed $12,500,000, and”.
(h)Section 234(e) of such Act is amended by striking out [12 USC 1715y.](/us/usc/t12/s1715y) paragraph (1).
(i)Section 242(d)(2) of such Act is amended by striking out “not [12 USC 1715z–7.](/us/usc/t12/s1715z–7) to exceed $50,000,000, and”. (j)(1) Section 810(f) of such Act is amended by striking out [12 USC 1748h–2.](/us/usc/t12/s1748h–2) “(1) not to exceed $5,000,000 or (2)”.
(2)Section 810(g) of such Act is amended by striking out “not to exceed $5,000,000 and”.
(k)Section 1002(c) of such Act is amended by striking out the [12 USC 1749bb.](/us/usc/t12/s1749bb) second sentence.
(l)Section 1101(c) of such Act is amended by striking out paragraph [12 USC 1749aaa.](/us/usc/t12/s1749aaa) (1). energy conservation Sec. 305. Title V of the National Housing Act (as amended by section 301 of this Act) is amended by adding at the end thereof the following new section: " “energy conservation “Sec. 526. To the maximum extent feasible, the Secretary of Housing [12 USC 1735f–4.](/us/usc/t12/s1735f–4) and Urban Development shall promote the use of energy saving techniques through minimum property standards established by him for newly constructed residential housing subject to mortgages insured under this Act.” " compensation for defects Sec. 306. Section 518(b) of the National Housing Act is amended to [12 USC 1735b.](/us/usc/t12/s1735b) read as follows:" “(b) The Secretary is authorized to make expenditures to correct, or to reimburse the owner for the correction of, structural or other major defects which so seriously affect use and livability as to create a serious danger to the life or safety of inhabitants of any one or two family dwelling which is covered by a mortgage insured under section 235 of this Act or which is located in an older, declining urban area and is covered by a mortgage insured under section 203 or 221 on or [12 USC 1709, 1715*l*.](/us/usc/t12/s1709/s1715l) after August 1, 1968, but prior to January 1, 1973, and which is more than one year old on the date of the issuance of the insurance commitment, if
(1)the owner requests assistance from the Secretary not later than one year after the insurance of the mortgage, or, in the case of a dwelling covered by a mortgage insured under section 203 or 221 the insurance commitment for which was issued on or after August 1, 1968, but prior to January 1, 1973, not more than one year after the date of enactment of the Housing and Community Development Act of 1974, and
(2)the defect is one that existed on the date of the issuance of the insurance commitment and is one that a proper inspection could reasonably be expected to disclose. The Secretary may require from the 88 Stat. 679 seller of any such dwelling an agreement to reimburse him for any payments made pursuant to this subsection with respect to such dwelling. Expenditures pursuant to this subsection shall be the obligation of the Special Risk Insurance Fund.” " co-insurance Sec. 307. Title II of the National Housing Act is amended by adding at the end thereof the following new section: " “co-insurance “Sec. 244.
(a)In addition to providing insurance as otherwise [12 USC 1715z–9.](/us/usc/t12/s1715z–9) authorized under this Act, and notwithstanding any other provision of this Act inconsistent with this section, the Secretary, upon request of any mortgagee and for such mortgage insurance premium as he may prescribe (which premium, or other charges to be paid by the mortgagor, shall not exceed the premium, or other charges, that would otherwise be applicable), may insure and make a commitment to insure under any provision of this title any mortgage, advance, or loan otherwise eligible under such provision, pursuant to a co-insurance contract providing that the mortgagee will— “(1) assume a percentage of any loss on the insured mortgage, advance, or loan in direct proportion to the amount of the co-insurance, which co-insurance shall not be less than 10 per centum, subject to any reasonable limit or limits on the liability of the mortgagee that may be specified in the event of unusual or catastrophic losses that may be incurred by any one mortgagee; and “(2) carry out (under a delegation or otherwise and with or without compensation but subject to audit, exception, or review requirements) such credit approval, appraisal, inspection, commitment, property disposition, or other functions as the Secretary, pursuant to regulations, shall approve as consistent with the purposes of this Act. Any contract of co-insurance under this section shall contain such provisions relating to the sharing of premiums on a sound actuarial basis, establishment of mortgage reserves, manner of calculating insurance benefits, conditions with respect to foreclosure, handling and disposition of property prior to claim or settlement, rights of assignees (which may elect not to be subject to the loss sharing provisions), and other similar matters as the Secretary may prescribe pursuant to regulations. “(b) No insurance shall be granted pursuant to this section with respect to dwellings or projects approved for insurance prior to the beginning of construction unless the inspection of such construction is conducted in accordance with at least the minimum standards and criteria used with respect to dwellings or projects approved for mortgage insurance pursuant to other provisions of this title. “(c) No insurance shall be granted pursuant to this section unless the Secretary has, after due consultation with the mortgage lending industry, determined that the demonstration program of co-insurance authorized by this section will not disrupt the mortgage market or reduce the availability of mortgage credit to borrowers who depend upon mortgage insurance provided under this Act. “(d) No mortgage, advance, or loan shall be insured pursuant to this section after June 30, 1977, except pursuant to a commitment to insure made before that date. The aggregate principal amount of mortgages and loans insured pursuant to this section in any fiscal year 88 Stat. 680 beginning on or after July 1, 1974, and ending prior to October 1, 1977, shall not exceed 20 per centum of the aggregate principal amount of all mortgages and loans insured under this title during such fiscal year. The overall percentage limitation specified in the preceding sentence shall also apply separately within each of the following categories— “(1) mortgages and loans covering one- to four-family dwellings; and “(2) mortgages and loans covering projects with five or more dwelling units. “(e) The Secretary shall not withdraw, deny, or delay insurance otherwise authorized under any other provision of this Act by reason of the availability of insurance pursuant to this section. The Secretary shall exercise his authority under this section only to the extent that he finds that the continued exercise of such authority will not adversely affect the flow of mortgage credit to older and declining neighborhoods and to the purchasers of older and lower cost housing. “(f) The Secretary shall submit to the Congress a report, not later Report to Congress. than March 1, 1975, and annually thereafter, describing operations under this section, including the extent of mortgage participation and any special problems encountered, particularly with respect to the flow of mortgage credit to older and declining neighborhoods and to purchasers of older and lower cost housing, and setting forth any recommendations he may deem appropriate with respect to the continuation or modification of the authority contained in this section. If the Secretary shall fail to submit any such report by the date due, his authority under this section shall terminate.” " experimental financing Sec. 308. Title II of the National Housing Act (as amended by section 307 of this Act) is amended by adding at the end thereof the following new section: " “experimental financing “Sec. 245. The Secretary may insure on an experimental basis under [12 USC 1715z–10.](/us/usc/t12/s1715z–10) any provision of this title mortgages and loans with provisions of varying rates of amortization corresponding to anticipated variations in family income to the extent he determines such mortgages or loans
(1)have promise for expanding housing opportunities or meet special needs,
(2)can be developed to include any safeguards for mortgagors or purchasers that may be necessary to offset special risks of such mortgages, and
(3)have a potential for acceptance in the private market. The outstanding aggregate principal amount of mortgages which are insured pursuant to this section may not exceed 1 per centum of the outstanding aggregate principal amount of mortgages and loans estimated to be insured during any fiscal year under this title. A mortgage or loan may not be insured pursuant to this section after June 30, 1976, except pursuant to a commitment entered into prior to such date.”" property improvement and mobile home loans Sec. 309.
(a)Section 2(b) of the National Housing Act is amended—[12 USC 1703.](/us/usc/t12/s1703)
(1)by striking out “$5,000” in clause
(1)and inserting in lieu thereof “$10,000”;
(2)by striking out “if such obligation” in clause
(2)and all that follows down through “the general economy, and” and inserting in lieu thereof the following: “if such obligation has a maturity in excess of twelve years and thirty-two days, except that”; 88 Stat. 681
(3)by striking out “twelve years and thirty-two days (fifteen years and thirty-two days in the case of a mobile home composed of two or more modules)” in the proviso in clause
(2)and inserting in lieu thereof “fifteen years and thirty-two days”; and
(4)by striking out “$15,000”, “$2,500”, and “seven years” in the third proviso in clause
(3)and inserting in lieu thereof “$25,000”, “$5,000”, and “twelve years”, respectively. (b)(1) Section 2(a) of such Act is amended by adding at the end [12 USC 1703.](/us/usc/t12/s1703) thereof the following new paragraph:" “Alterations, repairs, and improvements upon or in connection with existing structures may include the provision of fire safety equipment, energy conserving improvements, or the installation of solar energy systems. As used in this section—Definitions. “(1) the term ‘fire safety equipment’ means any device or facility which is designed to reduce the risk of personal injury or property damage resulting from fire and is in conformity with such criteria and standards as shall be prescribed by the Secretary; “(2) the term ‘energy conserving improvements’ means any addition, alteration, or improvement to an existing or new structure which is designed to reduce the total energy requirements of that structure, and which is in conformity with such criteria and standards as shall be prescribed by the Secretary in consultation with the National Bureau of Standards; and “(3) the term ‘ solar energy system’ means any addition, alteration, or improvement to an existing or new structure which is designed to utilize solar energy to reduce the energy requirements of that structure from other energy sources, and which is in conformity with such criteria and standards as shall be prescribed by the Secretary in consultation with the National Bureau of Standards.”"
(2)The first sentence of section 2(a) of such Act is amended by inserting before the period at the end thereof the following: “or financing the purchase of a lot on which to place such home and paying expenses reasonably necessary for the appropriate preparation of such lot, including the installation of utility connections, sanitary facilities, and paving, and the construction of a suitable pad, or financing only the acquisition of such a lot either with or without such preparation by an owner of a mobile home.”.
(3)Section 2(b) of such Act is amended by adding at the end thereof the following new sentence: “Notwithstanding the foregoing limitations, any loan to finance fire safety equipment for a nursing home, extended health care facility, intermediate health care facility, or other comparable health care facility may involve such principal amount and have such maturity as the Secretary may prescribe.”.
(c)Clause
(i)in the first paragraph of section 2(a) of such Act is amended by inserting “or mobile homes” immediately after “in connection with existing structures”.
(d)Section 2(b) of such Act (as amended by subsection (b)(3) of this section) is amended by adding at the end thereof the following new paragraphs:" “Notwithstanding the limitations contained in the first proviso to clause
(2)of the preceding sentence, a loan financing the purchase of a mobile home and an undeveloped lot on which to place the home shall— “(A) involve an amount not exceeding
(i)the maximum amount under clause
(1)of the first paragraph of this subsection, and
(ii)such amount not to exceed $5,000 as may be necessary to cover the cost of purchasing the lot; and 88 Stat. 682 “(B) have a maturity not exceeding fifteen years and thirty-two days (twenty years and thirty-two days in the case of a mobile home composed of two or more modules). “A loan financing the purchase of a mobile home and a suitably developed lot on which to place the home shall— “(A) involve an amount not exceeding
(i)the maximum amount under clause
(1)of the first paragraph of this subsection, and
(ii)such amount not to exceed $7,500 as may be necessary to cover the cost of purchasing the lot; and “(B) have a maturity not exceeding fifteen years and thirty-two days (twenty years and thirty-two days in the case of a mobile home composed of two or more modules). “A loan financing the purchase, by an owner of a mobile home which is the principal residence of that owner, of only a lot on which to place that mobile home shall— “(A) involve such an amount as may be necessary to cover the cost of purchasing the lot but not exceeding
(i)$5,000 in the case of an undeveloped lot, or
(ii)$7,500 in the case of a developed lot; and “(B) have a maturity not exceeding ten years and thirty-two days. A mobile home lot loan may be made only if the owner certifies that he will place his mobile home on the lot acquired with such loan within six months after the date of such loan.” "
(e)The last sentence of section 3(a) of the Act entitled “An Act to amend chapter 37 of title 38 of the United States Code with respect [38 USC 1801](/us/usc/t38/s1801) *et seq.* to the veterans’ home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes,” approved May 7, 1968, as amended (12 U.S.C. 1709–1), is amended by striking out “, and which represent loans and advances of credit made for the purpose of financing purchases of mobile homes,”. down-payment requirements for regular fha one- to four-family mortgages Sec. 310.
(a)The first and second sentences of section 203(b)(2) of the National Housing Act are each amended—[12 USC 1709.](/us/usc/t12/s1709)
(1)by striking out “$15,000” in clause
(i)and inserting in lieu thereof “$25,000”;
(2)by striking out “$15,000” and “$25,000” in clause
(ii)and inserting in lieu thereof “$25,000” and “$35,000”, respectively; and
(3)by striking out “$25,000” in clause
(iii)and inserting in lieu thereof “$35,000”.
(b)Section 220(d)(3)(A)(i) of such Act is amended by—[12 USC 1715k.](/us/usc/t12/s1715k)
(1)by striking out “$15,000” in each clause numbered
(1)and inserting in lieu thereof “$25,000”;
(2)by striking out “$15,000” and “$25,000” in each clause numbered
(2)and inserting in lieu thereof “$25,000” and “$35,000”, respectively; and
(3)by striking out “$25,000” in each clause numbered
(3)and inserting in lieu thereof “$35,000”.
(c)Section 222(b)(3) of such Act is amended to read as follows:[12 USC 1715m.](/us/usc/t12/s1715m) " “(3) have a principal obligation not in excess of the sum of
(i)97 per centum of $25,000 of the appraised value of the property as of the date the mortgage is accepted for insurance,
(ii)90 per centum of such value in excess of $25,000 but not in excess of $35,000, and
(iii)80 per centum of such value in excess of $35,000; and”. " 88 Stat. 683
(d)That part of clause
(A)of the third sentence of section 234(c) of such Act which begins “and not to exceed” is amended to read as [12 USC 1715y.](/us/usc/t12/s1715y) follows “and not to exceed the sum of
(i)97 per centum of $25,000 of the appraised value of the property as of the date the mortgage is accepted for insurance,
(ii)90 per centum of such value in excess of $25,000 but not in excess of $35,000,
(iii)80 per centum of such value in excess of $35,000”. multifamily mortgages Sec. 311.
(a)Section 223 of the National Housing Act is amended [12 USC 1715n.](/us/usc/t12/s1715n) by adding at the end thereof the following new subsections: " “(f) Notwithstanding any of the provisions of this Act, the Secretary is authorized, in his discretion, to insure under any section of this title a mortgage executed in connection with the purchase of refinancing of an existing multifamily housing project. In the case of refinancing under this subsection of property located in an older, declining urban area, the Secretary shall prescribe such terms and conditions as he deems necessary to assure that— “(1) the refinancing is used to lower the monthly debt service only to the extent necessary to assure the continued economic viability of the project, taking into account any rent reductions to be implemented by the mortgagor; and “(2) during the mortgage term no rental increases shall be made except those which are necessary to offset actual and reasonable operating expense increases or other necessary expense increases approved by the Secretary. “(g) Notwithstanding any other provisions of this Act, the Secretary may, in his discretion, insure a mortgage covering a multifamily housing project including units which are not self-contained.” "
(b)Section 213(b)(2) of such Act is amended by striking out “97 [12 USC 1715e.](/us/usc/t12/s1715e) per centum” and inserting in lieu thereof “98 per centum”. group practice facilities Sec. 312.
(a)Title XI of the National Housing Act is amended—
(1)by inserting after “unit or organization” in section 1101 [12 USC 1749aaa.](/us/usc/t12/s1749aaa) (b)(1) the following: “or other mortgagor”;
(2)by inserting after “group practice facility” in section 1101 (b)(3) the following: “or medical practice facility”;
(3)by inserting after “group practice facility” in section 1101
(e)the following: “or medical practice facility”;
(4)by inserting after “group practice facility” in section 1101(f) the following: “or medical practice facility”;
(5)by striking out in “(as defined in section 1106(1))” section 1105(a) and inserting in lieu thereof “or medical practice facility [12 USC 1749aaa–4.](/us/usc/t12/s1749aaa–4) (as defined in section 1106)”; and
(6)by redesignating paragraphs
(2)through
(8)of section 1106 as paragraphs
(3)through (9), respectively, and by inserting [12 USC 1749aaa–5.](/us/usc/t12/s1749aaa–5) after paragraph
(1)of such section the following:" “(2) The term ‘medical practice facility’ means an adequately Definitions. equipped facility in which not more than four persons licensed to practice medicine in the State where the facility is located can provide, as may be appropriate, preventive, diagnostic, and treatment services, and which is situated in a rural area or small town, or in a low-income section of an urban area, in which there exists, as determined by the Secretary, a critical shortage of physicians. As used in this paragraph— “(A) the term ‘small town’ means any town, village, or city having a population of not more than 10,000 inhabitants accord-88 Stat. 684ing to the most recent available data compiled by the Bureau of the Census; and “(B) the term ‘low-income section of an urban area’ means a section of a larger urban area in which the median family income is substantially lower, as determined by the Secretary, than the median family income for the area as a whole.”"
(b)Section 1106 of such Act is amended as follows:[12 USC 1749aaa–5.](/us/usc/t12/s1749aaa–5)
(1)Paragraph
(1)is amended by inserting “or osteopathy” after “practice medicine”, and by inserting after “State” where it last appears the following: “, or, in the case of podiatric care or treatment, is under the professional supervision of persons licensed to practice podiatry in the State”.
(2)Paragraph
(2)(as redesignated by subsection (a)(6) of this section) is amended by inserting “, osteopathy,” after “practice medicine”, and by inserting after “dentistry in the State,” the following: “or of persons licensed to practice podiatry in the State,”.
(3)Paragraph (3)(A) (as so redesignated) is amended by inserting “osteopathic care,” after “comprehensive medical care,”, by striking out “or” after “optometric care,”, and by inserting after “dental care,” the following: “or podiatric care,”.
(4)Paragraph (3)(B) (as so redesignated) is amended by inserting “osteopathic,”, after “medical,”, by striking out “or” after “optometric,”, and by inserting after “dental” the following: “or podiatric”. supplemental loans Sec. 313. Section 241 of the National Housing Act is amended by [12 USC 1715z–6.](/us/usc/t12/s1715z–6) adding at the end thereof the following new subsection: " “(d) Notwithstanding the foregoing, the Secretary may insure a loan for improvements or additions to a multifamily housing project, or a group practice or medical practice facility or hospital or other health facility approved by the Secretary, which is not covered by a mortgage insured under this Act, if he finds that such a loan would assist in preserving, expanding, or improving housing opportunities, or in providing protection against fire or other hazards. Such loans shall have a maturity satisfactory to the Secretary and shall meet such other conditions as the Secretary may prescribe. In no event shall such a loan be insured if it is for an amount in excess of the maximum amount which could be approved if the outstanding indebtedness, if any, covering the property were a mortgage insured under this Act.” " mortgage insurance for land development Sec. 314. The first sentence of section 1002(c) of the National Housing Act is amended to read as follows: “The principal obligation of [12 USC 1749bb.](/us/usc/t12/s1749bb) the mortgage shall not exceed the sum of 80 per centum of the Secretary’s estimate of the value of the land before development and 90 per centum of his estimate of the cost of such development.”. sales to cooperatives Sec. 315. Title II of the National Housing Act (as amended by sections 307 and 308 of this Act) is amended by adding at the end thereof the following: " “sale of acquired property to cooperatives “Sec. 246. In any case in which the Secretary sells a multifamily [12 USC 1715z–11.](/us/usc/t12/s1715z–11) housing project acquired as the result of a default on a mortgage which was insured under this Act to a cooperative which will operate 88 Stat. 685 it on a nonprofit basis and restrict permanent occupancy of its dwellings to members, the Secretary may accept a purchase money mortgage in a principal amount equal to the sum of
(1)the appraised value of the property at the time of purchase, which value shall be based upon a mortgage amount on which the debt service can be met from the income of the property when operated on a nonprofit basis after payment of all operating expenses, taxes, and required reserves, and
(2)the amount of prepaid expenses and costs involved in achieving cooperative ownership. Prior to such disposition of a project, funds may be expended by the Secretary for necessary repairs and improvements.” " extension of regular fha insurance programs Sec. 316.
(a)Section 2(a) of the National Housing Act is amended [12 USC 1703.](/us/usc/t12/s1703) by striking out “October 1, 1974” in the first sentence and inserting in lieu thereof “June 30, 1977”.
(b)Section 217 of such Act is amended by striking out “October 1, [12 USC 1715h.](/us/usc/t12/s1715h) 1974” and inserting in lieu thereof “June 30, 1977”.
(c)Section 221(f) of such Act is amended by striking out “October [12 USC 1715*l*.](/us/usc/t12/s1715l) 1, 1974” in the fifth sentence and inserting in lieu thereof “June 30, 1977”.
(d)Section 809(f) of such Act is amended by striking out “October [12 USC 1748h–1.](/us/usc/t12/s1748h–1) 1, 1974” in the second sentence and inserting in lieu thereof “June 30, 1977”.
(e)Section 810(k) of such Act is amended by striking out “October [12 USC 1748h–2.](/us/usc/t12/s1748h–2) 1, 1974” in the second sentence and inserting in lieu thereof “June 30, 1977”.
(f)Section 1002(a) of such Act is amended by striking out “October [12 USC 1749bb.](/us/usc/t12/s1749bb) 1, 1974” in the second sentence and inserting in lieu thereof “June 30, 1977”.
(g)Section 1101(a) of such Act is amended by striking out “October [12 USC 1749aaa.](/us/usc/t12/s1749aaa) 1, 1974” in the second sentence and inserting in lieu thereof “June 30, 1977”. extension of flexible interest rate authority Sec. 317. Section 3(a) of the Act entitled “An Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans’ [38 USC 1801](/us/usc/t38/s1801) *et seq.* home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes”, approved May 7, 1968, as amended (12 U.S.C. 1709–1), is amended by striking out “October 1, 1974” and inserting in lieu thereof “June 30, 1977”. mortgage insurance in military impacted areas Sec. 318. Section 238 of the National Housing Act is amended by [12 USC 1715z–3.](/us/usc/t12/s1715z–3) adding at the end thereof the following new subsection: " “(c) The Special Risk Insurance Fund may be used by the Secretary for carrying out the mortgage insurance obligations of sections 203 and 207 to provide housing for military personnel, Federal civilian employees, and Federal contractor employees assigned to duty or employed at or in connection with any installation of the Armed Forces of the United States in federally impacted areas where, in the judgment of the Secretary
(1)the residual housing requirements for persons not associated with such installations are insufficient to sustain the housing market in the event of substantial curtailment of employment of personnel assigned to such installations, and
(2)the benefits to be derived from such use outweigh the risk of possible cost to the Government.” " 88 Stat. 686 amendment to make public housing agencies eligible as mortgagors under section 221(d)(3) of the national housing act Sec. 319.
(a)Section 221(d)(3) of the National Housing Act is [12 USC 1715*l*.](/us/usc/t12/s1715l) amended by striking out “(and which certifies that it is not receiving financial assistance from the United States exclusively pursuant to the United States Housing Act of 1937)” and inserting in lieu thereof [42 USC 1430.](/us/usc/t42/s1430) [42 USC 1408.](/us/usc/t42/s1408) “(and, except with respect to a project assisted or to be assisted pursuant to section 8 of the United States Housing Act of 1937, which certifies that it is not receiving financial assistance from the United States exclusively pursuant to such Act)”.
(b)With respect to any obligation secured by a mortgage which is [12 USC 1715*l*](/us/usc/t12/s1715l) note. insured under section 221(d)(3) of the National Housing Act and issued by a public agency as mortgagor in connection with the financing of a project assisted under section 8 of the United States Housing Act of 1937, the interest paid on such obligation shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1954.[42 USC 1408.](/us/usc/t42/s1408) [26 USC 1](/us/usc/t26/s1) *et seq.* TITLE IV—COMPREHENSIVE PLANNING comprehensive planning Sec. 401.
(a)Section 701(a) of the Housing Act of 1954 is [40 USC 461.](/us/usc/t40/s461) amended—
(1)by striking out “State planning agencies” in paragraph
(1)and inserting in lieu thereof “States”;
(2)by striking out the numbered paragraphs following paragraph
(1)and inserting in lieu thereof the following: " “(2) States for State, interstate, metropolitan, district, or regional activities which may be assisted under this section; “(3) cities (including the District of Columbia) having populations of at least 50,000 according to the latest decennial census for local activities which may be assisted under this section; “(4) urban counties as defined under title I of the Housing and Community Development Act of 1974;*Ante,* p. 633. “(5) the areawide organization in any metropolitan area which is formally charged with carrying out the provisions of section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 and section 401 of the Intergovernmental Cooperation [42 USC 3334.](/us/usc/t42/s3334) [42 USC 4231.](/us/usc/t42/s4231) Act of 1968: *Provided*, That any such areawide organization, to the extent practicable, shall be composed of or responsible to the elected officials of the unit or units of general local government for the jurisdictions of which they are empowered to carry out the provisions of such Acts; and “(6) Indian tribal groups or bodies; and “(7) other governmental units or agencies having special planning needs related to the purposes of this section, including but not limited to interstate regional planning commissions, and units or agencies for disaster areas, federally impacted areas, and local development districts, to the extent these needs cannot otherwise be adequately met.”; and "
(3)by striking out the part which follows the numbered paragraphs and inserting in lieu thereof the following: " “Activities assisted under this section shall, to the maximum extent feasible, cover entire areas having common or related development problems. The Secretary shall encourage cooperation in preparing and carrying out plans among all interested municipalities, political subdivisions, public agencies, and other parties in order to achieve coordinated development of entire areas. To the maximum extent feasible, 88 Stat. 687 pertinent plans and studies already made for areas shall be utilized so as to avoid unnecessary repetition of effort and expense.” "
(b)Section 701 of such Act is further amended by striking out all [40 USC 461.](/us/usc/t40/s461) that follows subsection
(a)and inserting in lieu thereof the following: " “(b) Activities which may be assisted under this section include those necessary
(1)to develop and carry out a comprehensive plan as part of an ongoing planning process,
(2)to develop and improve the management capability to implement such plan or part thereof or related plans or planning, and
(3)to develop a policy-planning-evaluation capacity so that the recipient may more rationally
(A)determine its needs,
(B)set long-term goals and short-term objectives,
(C)devise programs and activities to meet these goals and objectives, and
(D)evaluate the progress of such programs in accomplishing those goals and objectives. Activities assisted under this section shall be carried out by professionally competent persons. “(c) Each recipient of assistance under this section shall carry out an ongoing comprehensive planning process which shall make provision for citizen participation pursuant to regulations of the Secretary where major plans, policies, priorities, or objectives are being determined. The process shall involve development and subsequent modifications of a comprehensive plan which shall be reviewed at least biennially for necessary or desirable amendments. Any such plan shall include, as a minimum, each of the following elements: “(1) A housing element which shall take into account all available evidence of the assumptions and statistical bases upon which the projection of zoning, community facilities, and population growth is based, so that the housing needs of both the region and the local communities studied in the planning will be adequately covered in terms of existing and prospective population growth. The development and formulation of State and local goals pursuant to title XVI of the Housing and Urban Development Act of 1968 shall be a part of such a housing element.[42 USC 1441a.](/us/usc/t42/s1441a) “(2) A land-use element which shall include
(A)studies, criteria, standards, and implementing procedures necessary for effectively guiding and controlling major decisions as to where growth shall take place within the recipient’s boundaries, and
(B)as a guide for governmental policies and activities, general plans with respect to the pattern and intensity of land use for residential, commercial, industrial, and other activities. Each of the elements set forth above shall specify
(i)broad goals and annual objectives (in measurable terms wherever possible),
(ii)programs designed to accomplish these objectives, and
(iii)procedures, including criteria set forth in advance, for evaluating programs and activities to determine whether they are meeting objectives. Such elements shall be consistent with each other and consistent with stated national growth policy. “(d) After an initial application for assistance under this section has been approved, the Secretary may make grants on an annual basis, if— “(1) the applicant submits to the Secretary annually a description of its work program designed to meet objectives for the next succeeding one-year period and setting forth any changes the applicant intends to undertake to achieve better progress; and “(2) the applicant submits to the Secretary biennially
(A)an evaluation of the progress made by it during the previous two years in meeting objectives set forth in its plan, and
(B)a description of any changes in the plan’s goals or objectives. 88 Stat. 688 The Secretary shall make no grant after three years from the date of enactment of the Housing and Community Development Act of 1974, to any applicant (other than an applicant described in paragraph
(6)or
(7)of subsection (a)), unless the Secretary is satisfied that the comprehensive planning being carried out by the applicant includes the elements specified in paragraphs
(1)and
(2)of subsection (c). “(e) A grant made under this section shall not exceed two-thirds Grant, cost limitation. Appropriation. of the estimated cost of the work for which the grant is made. There are authorized to be appropriated for the purposes of this section not to exceed $130,000,000 for the fiscal year 1975, and not to exceed $150,000,000 for the fiscal year 1976. Of the funds appropriated under this section, not to exceed an aggregate of $10,000,000 plus 5 per centum of the funds so appropriated may be used by the Secretary for studies, research, and demonstration projects, undertaken independently or by contract, for the development and improvement of techniques and methods for comprehensive planning and for the advancement of the purposes of this section, and for grants to assist in the conduct of studies and research relating to needed revisions in State statutes which create, govern, or control local governments and local governmental operations. “(f) It is the further intent of this section to encourage comprehensive planning on a unified basis for States, cities, counties, metropolitan areas, districts, regions, and Indian reservations and the establishment and development of the organizational units needed therefor. In extending financial assistance under this section, the Secretary may require such assurances as he deems adequate that the appropriate State and local agencies are making reasonable progress in the development of the elements of comprehensive planning. The Secretary is authorized by contract, grant, or otherwise to provide technical assistance to State and local governments, and interstate and regional combinations thereof, to Indian tribal bodies, and to governmental units or agencies described in subsection (a)(7), undertaking such planning and, by contract or otherwise, to make studies and publish information on comprehensive planning and related management problems. “(g) The consent of the Congress is hereby given to any two or more States to enter into agreements or compacts, not in conflict with any law of the United States, cooperative effort and mutual assistance in the comprehensive planning for the growth and development of interstate, metropolitan, or other urban areas, and to establish such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts. “(h) In addition to the planning grants authorized by subsection (a), the Secretary is further authorized to make grants to organizations composed of public officials representative of the political jurisdictions within the metropolitan area, region, or district involved for the purpose of assisting such organizations to undertake studies, collect data, develop metropolitan, regional, and district plans and programs, and engage in such other activities, including implementation of such plans, as the Secretary finds necessary or desirable for the solution of the metropolitan, regional, or district problems in such areas, regions, or districts. To the maximum extent feasible, all grants under this subsection shall be for activities relating to all the developmental aspects of the total metropolitan area, region, or district including, but not limited to, land use, transportation, housing, economic development, natural resources development, community facilities, and the general improvement of living environments. 88 Stat. 689 “(i) In addition to the other grants authorized by this section, the Secretary is authorized to make grants to assist any city, other municipality, or county in making a survey of the structures and sites in the locality which are determined by its appropriate authorities to be of historic or architectural value. Any such survey shall be designed to identify the historic structures and sites in the locality, determine the cost of their rehabilitation or restoration, and provide such other information as may be necessary or appropriate to serve as a foundation for a balanced and effective program of historic preservation in such locality. The aspects of any such survey which relate to the identification of historic and architectural values shall be conducted in accordance with criteria found by the Secretary to be comparable to those used in establishing the national register maintained by the Secretary of the Interior under other provisions of law; and the results of each such survey shall be made available to the Secretary of the Interior. A grant under this subsection shall be made to the appropriate agency or entity specified in paragraphs
(1)through
(6)of subsection
(a)or, if there is no such agency or entity which is qualified and willing to receive the grant and provide for its utilization in accordance with this subsection, directly to the city, other municipality, or county involved. “(j) Grants made under this section may be used, subject to regulations and conditions prescribed by the Secretary, for any activities made eligible by the provisions of this section; but such regulations shall provide that grant assistance shall not be used to defray the cost of the acquisition, construction, repair, or rehabilitation of, or the preparation of engineering drawings or similar detailed specifications for, specific housing, capital facilities, or public works projects. “(k) The Secretary shall consult with the heads of other Federal departments and agencies having responsibilities related to the purposes of this section, including responsibilities connected with the economic development of rural and depressed areas and the protection and enhancement of the Nation’s natural environment, with respect to
(1)general standards, policies, and procedures to be followed in the administration of this section, and
(2)particular grant actions or approvals which the Secretary believes to be of special interest or concern to one or more of such departments and agencies. “(l) Funds made available under any Federal assistance program for projects or activities, approved as part of or in furtherance of a planning program or related management activities assisted under this section, may be used jointly with funds made available for such projects or activities under any other Federal assistance program, subject to regulations prescribed by the President. Such regulations may include provisions for common technical or administrative requirements where varying or conflicting provisions of law or regulations would otherwise apply, for establishing joint management funds and common non-Federal shares, and for special agreements or delegations of authority, among different Federal agencies in connection with the supervision or administration of assistance. Such regulations shall in any case include appropriate criteria and procedures to assure that any special authorities conferred, which are not otherwise provided for by law, shall be employed only as necessary to promote effective and efficient administration and in a manner consistent with the protection of the Federal interest and program purposes or statutory requirements of a substantive nature. For purposes of this subsection, the term ‘Federal “Federal assistance program.” [42 USC 4201](/us/usc/t42/s4201) note. assistance program’ has the same meaning as in the Intergovernmental Cooperation Act of 1968. 88 Stat. 690 “(m) As used in this section—Definitions. “(1) The term ‘metropolitan area’ means a standard metropolitan statistical area, as established by the Office of Management and Budget, subject, however, to such modifications or extensions as the Secretary deems to be appropriate for the purposes of this section. “(2) The term ‘region’ includes
(A)all or part of the area of jurisdiction of one or more units of general local government, and
(B)one or more metropolitan areas. “(3) The term ‘district’ includes all or part of the area of jurisdiction of
(A)one or more counties, and
(B)one or more other units of general local government, but does not include any portion of a metropolitan area. “(4) The term ‘comprehensive planning’ includes the following: “(A) preparation, as a guide for governmental policies and action, of general plans with respect to
(i)the pattern and intensity of land use,
(ii)the provision of public facilities (including transportation facilities) and other government services, and
(iii)the effective development and utilization of human and natural resources; “(B) identification and evaluation of area needs (including housing, employment, education, and health) and formulation of specific programs for meeting the needs so identified; “(C) surveys of structures and sites which are determined by the appropriate authorities to be of historic or architectural value; “(D) long-range physical and fiscal plans for such action; “(E) programming of capital improvements and other major expenditures, based on a determination of relative urgency, together with definite financing plans for such expenditures in the earlier years of the program; “(F) coordination of all related plans and activities of the State and local governments and agencies concerned; and “(G) preparation of regulatory and administrative measures in support of the foregoing. Comprehensive planning for the purpose of districts shall not include planning for or assistance to establishments in relocating from one area to another or assist contractors or subcontractors whose purpose is to divest, or whose economic success is dependent upon divesting, other contractors or subcontractors of contracts theretofore customarily performed by them. The limitation set forth in the preceding sentence shall not be construed to prohibit assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary of such entity, if the Secretary finds that the establishment of such branch, affiliate, or subsidiary will not result in an increase in unemployment in the area of original location or in any other area where such entity conducts business operations, unless the Secretary has reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where it conducts such operations. “(n) In carrying out the provisions of this section relating to planning for States, regions, or other multijurisdictional areas whose development has significance for purposes of national growth and urban development objectives, the Secretary shall encourage the formulation of plans and programs which will include the studies, criteria, standards, and implementing procedures necessary for effectively guiding and controlling major decisions as to where growth should 88 Stat. 691 take place within such States, regions, or areas. Such plans and programs shall take account of the availability of and need for conserving land and other irreplaceable natural resources; of projected changes in size, movement, and composition of population; of the necessity for expanding housing and employment opportunities; of the opportunities, requirements, and possible locations for new communities and large-scale projects for expanding or revitalizing existing communities; and of the need for methods of achieving modernization, simplification, and improvements in governmental structures, systems, and procedures related to growth objectives. If the Secretary determines that activities otherwise eligible for assistance under this section are necessary to the development or implementation of such plans and programs, he may make grants in support of such activities to any governmental agency or organization of public officials which he determines is capable of carrying out the planning work involved in an effective and efficient manner and may make such grants in an amount equal to not more than 80 per centum of the cost of such activities.” "
(c)Section 703 of such Act is amended by striking out “and” in [40 USC 460.](/us/usc/t40/s460) clause (1), and by inserting “, and the Trust Territory of the Pacific Islands” immediately before the semicolon at the end of such clause. training and fellowship programs Sec. 402.
(a)Section 801(b) of the Housing and Urban Development Act of 1964 is amended to read as follows:[20 USC 801.](/us/usc/t20/s801) " “(b) It is the purpose of this title 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 programming, code problems, efficient land use, urban transportation, and similar community development problems.” "
(b)Section 802(a) of such Act is amended to read as follows:[20 USC 802.](/us/usc/t20/s802) " “(a) 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). 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 engi-88 Stat. 692neering, 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.” "
(c)Title VIII of such Act is further amended
(1)by redesignating [20 USC 801.](/us/usc/t20/s801) [20 USC 804.](/us/usc/t20/s804) sections 804 through 807 as sections 805 through 808, respectively, and
(2)by inserting after section 803 a new section as follows: " “project grants and contracts “Sec. 804.
(a)The Secretary is authorized to make grants to or [20 USC 803a.](/us/usc/t20/s803a) 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)(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), 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.” "
(d)Section 807 of such Act (as redesignated by subsection
(c)of [20 USC 806.](/us/usc/t20/s806) this section) is amended by inserting before the period at the end of the first sentence a comma and the following: “which amount shall be increased by $8,500,000 on July 1, 1974, and by $8,500,000 on July 1, 1975”. TITLE V—RURAL HOUSING inclusion of united states territories and trust territory of the pacific islands Sec. 501. Section 501(a)(1) of the Housing Act of 1949 is amended [42 USC 1471.](/us/usc/t42/s1471) by striking out “Puerto Rico and the Virgin Islands” and inserting in lieu thereof the following: “the Commonwealth of Puerto Rico, the Virgin Islands, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands”. 88 Stat. 693 refinancing of indebtedness for certain eligible applicants Sec. 502. Section 501
(4)of the Housing Act of 1949 is amended—[42 USC 1471.](/us/usc/t42/s1471)
(1)by adding after the comma at the end of clause
(B)the following: “or, if combined with a loan for improvement, rehabilitation, or repairs and not refinanced, is likely to cause a hardship for the applicant, and”; and
(2)striking out clauses
(C)and
(D)and inserting in lieu thereof the following: " “(C) was incurred by the applicant at least five years prior to his applying for assistance under this title.”. " loans to leasehold owners under all rural housing programs Sec. 503. Section 501
(2)of the Housing Act of 1949 is amended by striking out “sections 502 and 504” and inserting in lieu thereof “this title”. rehabilitation loans and grants Sec. 504. Section 504
(a)of the Housing Act of 1949 is amended [42 USC 1474.](/us/usc/t42/s1474) to read as follows: " “(a) In the event the Secretary determines that an eligible applicant cannot qualify for a loan under the provisions of sections 502 and 503 and that repairs or improvements should be made to a rural dwelling occupied by him in order to make such dwelling safe and sanitary and remove hazards to the health of the occupant, his family, or the community, and that repairs should be made to farm buildings in order to remove hazards and make such buildings safe, the Secretary may make a grant or a combined loan and grant to the applicant to cover the cost of improvements or additions, such as repairing roofs, providing toilet facilities, providing a convenient and sanitary water supply, supplying screens, repairing or providing structural supports, or making similar repairs, additions, or improvements, including all preliminary and installation costs in obtaining central water and sewer service. No assistance shall be extended to any one individual under this subsection in the form of a loan, grant, or combined loan and grant in excess of $5,000. Any portion of the sums advanced to the borrower treated as a loan shall be secured and be repayable within twenty years in accordance with the principles and conditions set forth in this title, except that a loan for less than $2,500 need be evidenced only by a promissory note. Sums made available by grant may be made subject to the conditions set forth in this title for the protection of the Government with respect to contributions made on loans made by the Secretary.”. " escrow accounts for taxes, insurance, and other expenses Sec. 505.
(a)Section 501 of the Housing Act of 1949 is amended by [42 USC 1471.](/us/usc/t42/s1471) adding at the end thereof the following new subsection: " “(e) The Secretary may establish procedures whereby borrowers under this title may make periodic payments for the purpose of taxes, insurance, and such other necessary expenses as the Secretary may deem appropriate. Such payments shall be held in escrow by the Secretary and paid out by him at the appropriate time or times for the purposes for which such payments are made. The Secretary shall notify a borrower in writing when his loan payments are delinquent.”. "
(b)The second sentence of section 502
(a)of such Act is amended [42 USC 1472.](/us/usc/t42/s1472) by inserting before the period at the end thereof the following: “and on the borrower preparing to the Secretary as escrow agent, on terms and conditions prescribed by him, such taxes, insurance, and other 88 Stat. 694 expenses as the Secretary may require in accordance with section 501(e)”.
(c)Section 517 of such Act is amended—[42 USC 1487.](/us/usc/t42/s1487)
(1)by striking out “as it becomes due” in the first sentence of subsection (d);
(2)by striking out “prepayment” and “prepayments” each place they appear in subsection (j)(1) and inserting in lieu thereof “payment” and “payments”, respectively; and
(3)by inserting before the semicolon at the end of subsection (j)(1) the following: “or until the next agreed annual or semi-annual remittance date”. research and study programs Sec. 506.
(a)Section 506(d) of the Housing Act of 1949 is amended [42 USC 1476.](/us/usc/t42/s1476) to read as follows: " “(d) The Secretary may carry out the research and study programs authorized by subsections
(b)and
(c)through grants made by him, on such terms, conditions, and standards as he may prescribe, to land-grant colleges established pursuant to the Act of July 2, 1862 (7 U.S.C. 301–308), or (upon a finding by the Secretary that the research and study involved cannot feasibly be performed through the personnel and facilities of the Department of Agriculture or by land-grant colleges) to such other private or public organizations as he may select.”. "
(b)Section 506(e) of such Act is amended by striking out “farm housing” each place it appears and inserting in lieu thereof “rural housing”. veterans preference Sec. 507. Section 507 of the Housing Act of 1949 is amended—[42 USC 1477.](/us/usc/t42/s1477)
(1)by inserting after “concurrent resolution of Congress” each place it appears a comma and the following: “or during the period beginning after January 31, 1955, and ending on August 4, 1964, or during the Vietnam era (as defined in section 101(29) of title 38, United States Code),”; and
(2)by inserting “or era” before the period at the end of the third sentence. utilization of county committees Sec. 508. Section 508(b) of the Housing Act of 1949 is amended to [42 USC 1478.](/us/usc/t42/s1478) read as follows: " “(b) The committees utilized or appointed pursuant to this section may examine applications of persons desiring to obtain the benefits of section 501(a)
(1)and
(2)as they relate to the successful operation of a farm, and may submit recommendations to the Secretary with respect to each applicant as to whether the applicant is eligible to receive such benefits, whether by reason of his character, ability, and experience he is likely successfully to carry out undertakings required of him under a loan under such section, and whether the farm with respect to which the application is made is of such character that there is a reasonable likelihood that the making of the loan requested will carry out the purposes of this title. The committees may also certify to the Secretary with respect to the amount of any loan.”. " assistance authorization Sec. 509.
(a)Clauses (b), (c), and
(d)of section 513 of the Housing Act of 1949 are amended to read as follows: “(b) not to exceed [42 USC 1483](/us/usc/t42/s1483). [42 USC 1474.](/us/usc/t42/s1474) $80,000,000 for loans and grants pursuant to section 504 during the 88 Stat. 695 period beginning July 1, 1956, and ending June 30, 1977;
(c)not to exceed $80,000,000 for financial assistance pursuant to section 516 for [42 USC 1486.](/us/usc/t42/s1486) the period ending June 30, 1977;
(d)not to exceed $250,000 per year for research and study programs pursuant to subsections (b), (c), and
(d)of section 506 during the period beginning July 1, 1961, and ending *Ante,* p. 694. June 30, 1974, and not to exceed $1,000,000 per year for such programs during the period beginning October 1, 1974, and ending June 30, 1977;”.
(b)Sections 515(b)(5) and 517(a)(1) of such Act are amended by [42 USC 1485, 1487.](/us/usc/t42/s1485/s1487) striking out “October 1, 1974” and inserting in lieu thereof “June 30, 1977”. direct and insured loans to provide housing and related facilities for elderly persons and lower income families in rural areas Sec. 510.
(a)Section 515(b)(1) of the Housing Act of 1949 is [42 USC 1485.](/us/usc/t42/s1485) amended—
(1)by striking out “$750,000 or”; and
(2)by striking out “least” and inserting in lieu thereof “less”.
(b)Section 515(d)(4) of such Act is amended to read as follows: " “(4) the term ‘development cost’ means the costs of constructing, “Development cost.” purchasing, improving, altering, or repairing new or existing housing and related facilities and purchasing and improving the necessary land, including necessary and appropriate fees and charges, and initial operating expenses up to 2 per centum of the aforementioned costs, approved by the Secretary. Such fees and charges may include payments of qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer cooperatives who provide housing and related facilities for low or moderate income families.” " definition of rural area Sec. 511. Section 520 of the Housing Act of 1949 is amended by [42 USC 1490.](/us/usc/t42/s1490) inserting before the period at the end thereof a comma and the following: “or
(3)has a population in excess of 10,000 but not in excess of 20,000, and
(A)is not contained within a standard metropolitan statistical area, and
(B)has a serious lack of mortgage credit, as determined by the Secretary and the Secretary of Housing and Urban Development”. mutual and self-help housing Sec. 512.
(a)Section 523(b)(1) of the Housing Act of 1949 is [42 USC 1490c.](/us/usc/t42/s1490c) amended by inserting immediately before “; and” at the end thereof the following: “: *Provided*, That the Secretary may advance funds under this paragraph to organizations receiving assistance under clause
(A)to enable them to establish revolving accounts for the purchase of land options and any such advances may bear interest at a rate determined by the Secretary and shall be repaid to the Secretary at the expiration of the period for which the grant to the organization involved was made”.
(b)Section 523(f) of such Act is amended—
(1)by striking out “1974” each place it appears and inserting in lieu thereof “1977”; and
(2)by striking out “$5,000,000” and inserting in lieu thereof “$10,000,000”.
(c)Section 523 of such Act is amended by adding at the end thereof the following new subsection: 88 Stat. 696 " “(h) The Secretary shall issue rules and regulations for the Rules and regulations. orderly processing and review of applications under this section and rules and regulations protecting the rights of grantees under this section in the event he determines to end grant assistance prior to the termination date of any grant agreement.”. " site loans Sec. 513. The first sentence of section 524(a) of the Housing Act of 1949 is amended to read as follows: “The Secretary may make loans, [42 USC 1490d.](/us/usc/t42/s1490d) on such terms and conditions and in such amounts he deems necessary, to public or private nonprofit organizations for the acquisition and development of land as building sites to be subdivided and sold to families, nonprofit organizations, public agencies, and cooperatives eligible for assistance under any section of this title or under any other law which provides financial assistance for housing low- and moderate-income families.” rental assistance Sec. 514.
(a)Section 521(a) of the Housing Act of 1949 is amended [42 USC 1490a.](/us/usc/t42/s1490a) by inserting “(1)” after “(a)”, and by adding at the end thereof the following new paragraph: " “(2)(A) The Secretary may make and insure loans under this section [42 USC 1484, 1485, 1487.](/us/usc/t42/s1484/s1485/s1487) and sections 514, 515, and 517 to provide rental or cooperative housing and related facilities for persons and families of low income in multifamily housing projects, and may make, and contract to make, assistance payments to the owners of such rental housing in order to make available to low-income occupants of such housing rentals at rates commensurate to income and not exceeding 25 per centum of income. Such assistance payments shall be made on a unit basis and shall not be made for more than 20 per centum of the units in any one project, except that
(i)when the project is financed by a loan under section 515 for elderly housing or by a loan under section 514 and a grant under section 516, such assistance may be made for up to 100 per centum of the units, and
(ii)when the Secretary determines such action is necessary or feasible, he may make such payments with respect to more than 20 per centum of the units. “(B) The owner of any project assisted under this paragraph shall be required to provide at least annually a budget of operating expenses and record of tenants’ income which shall be used to determine the amount of assistance for each project. “(C) The project owner shall accumulate, safeguard, and periodically pay to the Secretary any rental charges collected in excess of basic rental charges as established by the Secretary in conformity with sub-paragraph (A). These funds may be credited to the appropriation and used by the Secretary for making such assistance payments through the end of the next fiscal year.”"
(b)Section 521(c) of such Act is amended to read as follows:" “(c) There shall be reimbursed to the Rural Housing Insurance Fund by annual appropriations
(1)the amounts by which nonprincipal payments made from the fund during each fiscal year to the holders of insured loans described in subsection (a)(1) exceed interest due from the borrowers during each year, and
(2)the amount of assistance payments described in subsection (a)(2). The Secretary may from time to time issue notes to the Secretary of the Treasury under section 517(h) to obtain amounts equal to such unreimbursed payments, pending the annual reimbursement by appropriation.”"
(c)Section 517(j) of such Act is amended—
(1)by striking out “and” at the end of paragraph (2); 88 Stat. 697
(2)by striking out the period at the end of paragraph
(3)and inserting in lieu thereof “; and”; and
(3)by adding at the end thereof the following new paragraph: " “(4) to make assistance payments authorized by section 521 (a)(2).”*Ante,* p. 696. " technical and supervisory assistance Sec. 515. Title V of the Housing Act of 1949 is amended by adding at the end thereof the following new section: " “programs of technical and supervisory assistance for low-income families “Sec. 525.
(a)The Secretary may make grants to or enter into contracts [42 USC 1490e.](/us/usc/t42/s1490e) with public or private nonprofit corporations, agencies, institutions, organizations, and other associations approved by him, to pay part or all of the cost of developing, conducting, administering or coordinating effective and comprehensive programs of technical and supervisory assistance which will aid needy low-income individuals and families in benefiting from Federal, State, and local housing programs in rural areas. In processing applications for such grants or contracts made by private nonprofit corporations, agencies, institutions, organizations, and other associations, the Secretary shall give preference to those which are sponsored (including assistance to the applicant in processing the application, implementing the technical assistance program, and carrying out the obligations of the grant or contract) by a State, county, municipality, or other governmental entity or public body. “(b) The Secretary is authorized to make loans to public or private nonprofit corporations, agencies, institutions, organizations, and other associations approved by him for the necessary expenses, prior to construction, of planning, and obtaining financing for, the rehabilitation or construction of housing for low-income individuals or families under any Federal, State, or local housing program which is or could be used in rural areas. Such loans shall be made without interest and shall be for the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing prior to the availability of financing, including but not limited to preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, and construction loan fees and discounts. The Secretary shall require repayment of loans made under this subsection, under such terms and conditions as he may require, upon completion of the housing or sooner, and may cancel any part or all of such loan if he determines that it cannot be recovered from the proceeds of any permanent loan made to finance the rehabilitation or construction of the housing. “(c) There are authorized to be appropriated for the fiscal years Appropriation. ending June 30, 1975, and June 30, 1976, not to exceed $5,000,000 for the purposes of subsection
(a)and not to exceed $5,000,000 for the purposes of subsection (b). Any amounts so appropriated shall remain available until expended, and any amounts authorized for any fiscal year under this subsection but not appropriated may be appropriated for any succeeding fiscal year. “(d) All funds appropriated for the purpose of subsection
(b)shall Low-income sponsor fund. be deposited in a fund which shall be known as the low-income sponsor fund, and which shall be available without fiscal year limitation and be administered by the Secretary as a revolving fund for carrying out the purposes of that subsection. Sums received in repayment of loans made under subsection
(b)shall be deposited in such fund.”. " 88 Stat. 698 condominium housing Sec. 516.
(a)Title V of the Housing Act of 1949 (as amended by section 515 of this Act) is amended by adding at the end thereof the *Ante,* p. 697. following new section: " “condominium housing “Sec. 526.
(a)The Secretary is authorized, in his discretion and [42 USC 1490f.](/us/usc/t42/s1490f) upon such terms and conditions (substantially identical insofar as may be feasible with those specified in section 502) as he may prescribe, *Ante,* p. 693. to make loans to persons and families of low or moderate income, and to insure and make commitments to insure loans made to persons and families of low or moderate income, to assist them in purchasing dwelling units in condominiums located in rural areas. “(b) Any loan made or insured under subsection
(a)shall cover a one-family dwelling unit in a condominium, and shall be subject to such provisions as the Secretary determines to be necessary for the maintenance of the common areas and facilities of the condominium project and to such additional requirements as the the Secretary deems appropriate for the protection of the consumer. “(c) In addition to individual loans made or insured under subsection
(a)the Secretary is authorized, in his discretion and upon such terms and conditions (substantially identical insofar as may be feasible with those specified in section 515) as he may prescribe, to make or insure blanket loans to a borrower who shall certify to the Secretary, as a condition of obtaining such loan or insurance, that upon completion of the multifamily project the ownership of the project will be committed to a plan of family unit ownership under which
(1)each family unit will be eligible for a loan or insurance under subsection (a), and
(2)the individual dwelling units in the project will be sold only on a condominium basis and only to purchasers eligible for a loan or insurance under subsection (a). The principal obligation of any blanket loan made or insured under this subsection shall in no case exceed the sum of the individual amounts of the loans which could be made or insured with respect to the individual dwelling units in the project under subsection (a). “(d) As used in this section, the term ‘condominium’ means a multi-unit “Condominium.” housing project which is subject to a plan of family unit ownership acceptable to the Secretary under which each dwelling unit is individually owned and each such owner holds an undivided interest in the common areas and facilities which serve the project.” "
(b)Section 517(b) of such Act is amended by striking out “and [42 USC 1487.](/us/usc/t42/s1487) [42 USC 1490d.](/us/usc/t42/s1490d) *Supra.* 524” and inserting in lieu thereof “524, and 526”. (c)(1) Section 521(a)(1) of such Act (as amended by section 514
(a)of this Act) is amended—*Ante,* p. 696.
(A)by striking out “and loans under section 515” and inserting [42 USC 1485.](/us/usc/t42/s1485) in lieu thereof “loans under section 515”; and
(B)by inserting after “elderly families,” the following: “and loans under section 526 to provide condominium housing for persons and families of low or moderate income,”.
(2)Section 521(b) of such Act is amended—
(A)by striking out “or 517(a)(1)” and inserting in lieu thereof “, 517(a)(1), or 526(a)”; and
(B)by inserting “or 526(c)” after “under section 515”.
(3)Section 521(c) of such Act (as amended by section 514(b) of this Act) is amended by inserting “and section 526” after “section 517(h)”. 88 Stat. 699 transfer of pre-1965 insured housing loans to the rural housing insurance fund Sec. 517. Section 517(b) of the Housing Act of 1949 is amended *Ante,* p. 698. by adding at the end thereof the following new sentences: “The notes held in the Agricultural Credit Insurance Fund (7 U.S.C. 1929) which evidence loans made or insured by the Secretary under section 514 or 515(b), the rights and liabilities of that Fund under insurance [42 USC 1484](/us/usc/t42/s1484); *Ante,* p. 695. contracts relating to such loans held by insured investors, the mortgages securing the obligations of the borrowers under such loans held in that Fund or by insured investors, and all rights to subsequent collections on and proceeds of such notes, contracts, and mortgages, are hereby transferred to the Rural Housing Insurance Fund and for the purposes of this title and any other Act shall be subject to the provisions of this section as if created pursuant thereto. The Rural Housing Insurance Fund shall compensate the Agricultural Credit Insurance Fund for the aggregate unpaid principal balance plus accrued interest of the notes so transferred.”. mobile homes Sec. 518. Title V of the Housing Act of 1949 (as amended by sections 515 and 516(a) of this Act) is amended by adding at the end *Ante,* pp. 697, 698. thereof the following new section: " “mobile homes “Sec. 527.
(a)As used in this title, the term ‘housing’ shall, notwithstanding “Housing.” [42 USC 1490g.](/us/usc/t42/s1490g) any other provision of this title and to the extent deemed practicable by the Secretary, include mobile homes and mobile home sites. “(b) With respect to mobile homes and mobile home sites financed under this title, the Secretary shall— “(1) prescribe minimum property standards to assure the livability and durability of the mobile home and the suitability of the site on which it is to be located, and “(2) obtain assurances from the borrower that the mobile home will be placed on a site which complies with standards prescribed by the Secretary and with applicable local requirements. Loans under this title for the purchase of mobile homes and sites shall be made on the same terms and conditions as are applicable under section 2 of the National Housing Act to obligations financing *Ante,* p. 685. the purchase of mobile homes and lots on which to place such homes.” " contrast services and fees Sec. 519.
(a)Section 506(a) of the Housing Act of 1949 is amended [42 USC 1476.](/us/usc/t42/s1476) by striking out “, as may be required by the Secretary, by competent employees of the Secretary” and inserting in lieu thereof “as required by the Secretary”.
(b)Section 517(j)(3) of such Act is amended by inserting after [42 USC 1487.](/us/usc/t42/s1487) “borrowers,” the following: “and other services customary in the industry, construction inspections, commercial appraisals, servicing of loans, and other related program services and expenses,”. state and local agencies Sec. 520. Section 501(c) of the Housing Act of 1949 is amended by [42 USC 1471.](/us/usc/t42/s1471) adding at the end thereof the following: “if an applicant is a State or local public agency— 88 Stat. 700 " “(A) the provisions of clause
(3)shall not apply to its application; and “(B) the applicant shall be eligible to participate in any program under this title if the persons or families to be served by the applicant with the assistance being sought would be eligible to participate in such program.” " TITLE VI—NATIONAL MOBILE HOME CONSTRUCTION AND SAFETY STANDARDSNational Mobile Home Construction and Safety Standards Act of 1974. short title Sec. 601. This title may be cited as the “National Mobile Home Construction [42 USC 5401](/us/usc/t42/s5401) note. and Safety Standards Act of 1974”. statement of purpose Sec. 602. The Congress declares that the purposes of this title are [42 USC 5401.](/us/usc/t42/s5401) to reduce the number of personal injuries and deaths and the amount of insurance costs and property damage resulting from mobile home accidents and to improve the quality and durability of mobile homes. Therefore, the Congress determines that it is necessary to establish Federal construction and safety standards for mobile homes and to authorize mobile home safety research and development. definitions Sec. 603. As used in this title, the term—[42 USC 5402.](/us/usc/t42/s5402)
(1)“mobile home construction” means all activities relating to the assembly and manufacture of a mobile home including but not limited to those relating to durability, quality, and safety;
(2)“dealer” means any person engaged in the sale, leasing, or distribution of new mobile homes primarily to persons who in good faith purchase or lease a mobile home for purposes other than resale;
(3)“defect” includes any defect in the performance, construction, components, or material of a mobile home that renders the home or any part thereof not fit for the ordinary use for which it was intended;
(4)“distributor” means any person engaged in the sale and distribution of mobile homes for resale;
(5)“manufacturer” means any person engaged in manufacturing or assembling mobile homes, including any person engaged in importing mobile homes for resale;
(6)“mobile home” means a structure, transportable in one or more sections, which is eight body feet or more in width and is thirty-two body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein;
(7)“Federal mobile home construction and safety standard” means a reasonable standard for the construction, design, and performance of a mobile home which meets the needs of the public including the need for quality, durability, and safety;
(8)“mobile home safety” means the performance of a mobile home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design 88 Stat. 701 or construction of such mobile home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;
(9)“imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury;
(10)“purchaser” means the first person purchasing a mobile home in good faith for purposes other than resale;
(11)“Secretary” means the Secretary of Housing and Urban Development;
(12)“State” includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa; and
(13)“United States district courts” means the Federal district courts of the United States and the United States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa. federal mobile home construction and safety standards Sec. 604.
(a)The Secretary, after consultation with the Consumer [42 USC 5403.](/us/usc/t42/s5403) Product Safety Commission, shall establish by order appropriate Federal mobile home construction and safety standards. Each such Federal mobile home standard shall be reasonable and shall meet the highest standards of protection, taking into account existing State and local laws relating to mobile home safety and construction.
(b)All orders issued under this section shall be issued after notice Notice. and an opportunity for interested persons to participate are provided in accordance with the provisions of section 553 of title 5, United States Code.
(c)Each order establishing a Federal mobile home construction and Standards, effective date. safety standard shall specify the date such standard is to take effect, which shall not be sooner than one hundred and eighty days or later than one year after the date such order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes his reasons for such finding.
(d)Whenever a Federal mobile home construction and safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any mobile home covered, any standard regarding construction or safety applicable to the same aspect of performance of such mobile home which is not identical to the Federal mobile home construction and safety standard.
(e)The Secretary may by order amend or revoke any Federal Amendment or revocation, effective date. mobile home construction or safety standard established under this section. Such order shall specify the date on which such amendment or revocation is to take effect, which shall not be sooner than one hundred and eighty days or later than one year from the date the order is issued, unless the Secretary finds, for good cause shown, than an earlier or later date is in the public interest, and publishes his reasons for such finding.
(f)In establishing standards under this section, the Secretary shall—
(1)consider relevant available mobile home construction and safety data, including the results of the research, development, testing, and evaluation activities conducted pursuant to this title, and those activities conducted by private organizations and other governmental agencies to determine how to best protect the public; 88 Stat. 702
(2)consult with such State or interstate agencies (including legislative committees) as he deems appropriate;
(3)consider whether any such proposed standard is reasonable for the particular type of mobile home or for the geographic region for which it is prescribed;
(4)consider the probable effect of such standard on the cost of the mobile home to the public; and
(5)consider the extent to which any such standard will contribute to carrying out the purposes of this title.
(g)The Secretary shall issue an order establishing initial Federal mobile home construction and safety standards not later than one year after the date of enactment of this Act. national mobile home advisory council Sec. 605.
(a)The Secretary shall appoint a National Mobile Home [42 USC 5404.](/us/usc/t42/s5404) Appointment; membership. Advisory Council with the following composition: eight members selected from among consumer organizations, community organizations, and recognized consumer leaders; eight members from the mobile home industry and related groups including at least one representative of small business; and eight members selected from government agencies including Federal, State, and local governments. Appointments under this subsection shall be made without regard to the provisions [5 USC 101](/us/usc/t5/s101) *et seq.* of title 5, United States Code, relating to appointments in the competitive service, classification, and General Schedule pay rates. The Secretary shall publish the names of the members of the Council annually and shall designate which members represent the general public.
(b)The Secretary shall, to the extent feasible, consult with the Consultation. Advisory Council prior to establishing, amending, or revoking any mobile home construction or safety standard pursuant to the provisions of this title.
(c)Any member of the National Mobile Home Advisory Council Compensation. who is appointed from outside the Federal Government may be compensated at a rate not to exceed $100 per diem (including travel-time) when engaged in the actual duties of the Advisory Council. Such members, while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently. judicial review of orders Sec. 606. (a)(1) In a case of actual controversy as to the validity Petition, filing. [42 USC 5405.](/us/usc/t42/s5405) of any order under section 604, any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in section 2112 of title 28, United States Code.
(2)If the petitioner applies to the court for leave to adduce additional Additional evidence. evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced 88 Stat. 703 upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
(3)Upon the filing of the petition referred to in paragraph
(1)Jurisdiction. of this subsection, the court shall have jurisdiction to review the order in accordance with the provisions of sections 701 through 706 of title 5, United States Code, and to grant appropriate relief.
(4)The judgment of the court affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.
(5)Any action instituted under this subsection shall survive, notwithstanding Savings provision. any change in the person occupying the office of Secretary or any vacancy in such office.
(6)The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.
(b)A certified copy of the transcript of the record and proceedings Transcript, copies. under this section shall be furnished by the Secretary to any interested party at his request and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this title, irrespective of whether proceedings with respect to the order have previously been initiated or become final under subsection (a). public information Sec. 607.
(a)Whenever any manufacturer is opposed to any action [42 USC 5406.](/us/usc/t42/s5406) of the Secretary under section 604 or under any other provision of this title on the grounds of increased cost or for other reasons, the manufacturer shall submit such cost and other information (in such detail as the Secretary may by rule or order prescribe) as may be necessary in order to properly evaluate the manufacturer’s statement.
(b)Such information shall be available to the public unless the manufacturer establishes that it contains a trade secret or that disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage. Notice of the availability of Publication in Federal Register. such information shall be published promptly in the Federal Register. If the Secretary determines that any portion of such information contains a trade secret or that the disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage, such portion may be disclosed to the public only in such manner as to preserve the confidentiality of such trade secret or in such combined or summary form so as not to disclose the identity of any individual manufacturer, except that any such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.
(c)If the Secretary proposes to establish, amend, or revoke a Federal Safety standard, amendment or revocation; publication in Federal Register. mobile home construction and safety standard under section 604 on the basis of information submitted pursuant to subsection (a), he shall publish a notice of such proposed action, together with the reasons therefor, in the Federal Register at least thirty days in advance of making a final determination, in order to allow interested parties an opportunity to comment. 88 Stat. 704
(d)For purposes of this section, “cost information” means information “Cost information.” with respect to alleged cost increases resulting from action by the Secretary, in such a form as to permit the public and the Secretary to make an informed judgment on the validity of the manufacturer’s statements. Such term includes both the manufacturer’s cost and the cost to retail purchasers.
(e)Nothing in this section shall be construed to restrict the authority of the Secretary to obtain or require submission of information under any other provision of this title. research, testing, development, and training Sec. 608.
(a)The Secretary shall conduct research, testing, development, [42 USC 5407.](/us/usc/t42/s5407) and training necessary to carry out the purposes of this title, including, but not limited to—
(1)collecting data from any source for the purpose of determining the relationship between mobile home performance characteristics and
(A)accidents involving mobile homes, and
(B)the occurrence of death, personal injury, or damage resulting from such accidents;
(2)procuring (by negotiation or otherwise) experimental and other mobile homes for research and testing purposes; and
(3)selling or otherwise disposing of test mobile homes and reimbursing the proceeds of such sale or disposal into the current appropriation available for the purpose of carrying out this title.
(b)The Secretary is authorized to conduct research, testing, development, Grants. and training as authorized to be carried out by subsection
(a)of this section by contracting for or making grants for the conduct of such research, testing, development, and training to States, interstate agencies, and independent institutions. cooperation with public and private agencies Sec. 609. The Secretary is authorized to advise, assist, and cooperate [42 USC 5408.](/us/usc/t42/s5408) with other Federal agencies and with State and other interested public and private agencies, in the planning and development of—
(1)mobile home construction and safety standards; and
(2)methods for inspecting and testing to determine compliance with mobile home standards. prohibited acts Sec. 610.
(a)No person shall—[42 USC 5409.](/us/usc/t42/s5409)
(1)make use of any means of transportation or communication affecting interstate or foreign commerce or the mails to manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the United States, any mobile home which is manufactured on or after the effective date of any applicable Federal mobile home construction and safety standard under this title and which does not comply with such standard, except as provided in subsection (b), where such manufacture, lease, sale, offer for sale or lease, introduction, delivery, or importation affects commerce;
(2)fail or refuse to permit access to or copying of records, or fail to make reports or provide information, or fail or refuse to permit entry or inspection, as required under section 614;
(3)fail to furnish notification of any defect as required by section 615;
(4)fail to issue a certification required by section 616, or issue a certification to the effect that a mobile home conforms to all 88 Stat. 705 applicable Federal mobile home construction and safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; or
(5)fail to comply with a final order issued by the Secretary under this title. (b)(1) Paragraph
(1)of subsection
(a)shall not apply to the sale, the offer for sale, or the introduction or delivery for introduction in interstate commerce of any mobile home after the first purchase of it in good faith for purposes other than resale.
(2)For purposes of section 611, paragraph
(1)of subsection
(a)shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that such mobile home is not in conformity with applicable Federal mobile home construction and safety standards, or to any person who, prior to such first purchase, holds a certificate issued by the manufacturer or importer of such mobile home to the effect that such mobile home conforms to all applicable Federal mobile home construction and safety standards, unless such person knows that such mobile home does not so conform.
(3)A mobile home offered for importation in violation of paragraph Importation, regulations.
(1)of subsection
(a)shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Secretary may, by such regulations, provide for authorizing the importation of such mobile home into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such mobile home will be brought into conformity with any applicable Federal mobile home construction or safety standard prescribed under this title, or will be exported from, or forfeited to, the United States.
(4)The Secretary of the Treasury and the Secretary may, by joint regulations, permit the importation of any mobile home after the first purchase of it in good faith for purposes other than resale.
(5)Paragraph
(1)of subsection
(a)shall not apply in the case of a mobile home intended solely for export, and so labeled or tagged on the mobile home itself and on the outside of the container, if any, in which it is to be exported.
(c)Compliance with any Federal mobile home construction or safety standard issued under this title does not exempt any person from any liability under common law. civil and criminal penalty Sec. 611.
(a)Whoever violates any provision of section 610, or any [42 USC 5410.](/us/usc/t42/s5410) regulation or final order issued thereunder, shall be liable to the United States for a civil penalty of not to exceed $1,000 for each such violation. Each violation of a provision of section 610, or any regulation or order issued thereunder shall constitute, a separate violation with respect to each mobile home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1,000,000 for any related series of violations occurring within one year from the date of the first violation.
(b)An individual or a director, officer, or agent of a corporation who knowingly and willfully violates section 610 in a manner which threatens the health or safety of any purchaser shall be fined not more than $1,000 or imprisoned not more than one year, or both. jurisdiction and venue Sec. 612.
(a)The United States district courts shall have jurisdiction, [42 USC 5411.](/us/usc/t42/s5411) for cause shown and subject to the provisions of rule 65
(a)and 88 Stat. 706
(b)of the Federal Rules of Civil Procedure, to restrain violations of [28 USC app.](/us/usc/t28/app) this title, or to restrain the sale, offer for sale, or the importation into the United States, of any mobile home which is determined, prior to the first purchase of such mobile home in good faith for purposes other than resale, not to conform to applicable Federal mobile home construction and safety standards prescribed pursuant to this title or to contain a defect which constitutes an imminent safety hazard, upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever practicable, the Notice. Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views and the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
(b)In any proceeding for criminal contempt for violation of an Trial by court or jury. injunction or restraining order issued under this section, which violation also constitutes a violation of this title, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.[18 USC app.](/us/usc/t18/app)
(c)Actions under subsection
(a)of this section and section 611 may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found.
(d)In any action brought by the United States under subsection
(a)of this section or section 611, subpenas by the United States for witnesses who are required to attend at United States district court may run into any other district.
(e)It shall be the duty of every manufacturer offering a mobile home for importation into the United States to designate in writing an agent upon whom service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made for and on behalf of such manufacturer, and to file such designation with the Secretary, which designation may from time to time be changed by like writing, similarly filed. Service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made upon such manufacturer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon such manufacturer, and in default of such designation of such agent, service of process or any notice, order, requirement, or decision in any proceeding before the Secretary or in any judicial proceeding pursuant to this title may be made by mailing such process, notice, order, requirement, or decision to the Secretary by registered or certified mail. noncompliance with standards Sec. 613.
(a)If the Secretary or a court of appropriate jurisdiction [42 USC 5412.](/us/usc/t42/s5412) determines that any mobile home does not conform to applicable Federal mobile home construction and safety standards, or that it contains a defect which constitutes an imminent safety hazard, after the sale of such mobile home by a manufacturer to a distributor or a dealer and prior to the sale of such mobile home by such distributor or dealer to a purchaser—
(1)the manufacturer shall immediately repurchase such mobile home from such distributor or dealer at the price paid by such distributor or dealer, plus all transportation charges involved and a reasonable reimbursement of not less than 1 per centum per 88 Stat. 707 month of such price paid prorated from the date of receipt by certified mail of notice of such nonconformance to the date of repurchase by the manufacturer; or
(2)the manufacturer, at his own expense, shall immediately Parts, replacement and reimbursement for installation. furnish the purchasing distributor or dealer the required conforming part or parts or equipment for installation by the distributor or dealer on or in such mobile home, and for the installation involved the manufacturer shall reimburse such distributor or dealer for the reasonable value of such installation plus a reasonable reimbursement of not less than 1 per centum per month of the manufacturer’s or distributor’s selling price prorated from the date of receipt by certified mail of notice of such nonconformance to the date such vehicle is brought into conformance with applicable Federal standards, so long as the distributor or dealer proceeds with reasonable diligence with the installation after the required part or equipment is received. The value of such reasonable reimbursements as specified in paragraphs
(1)and
(2)of this subsection shall be fixed by mutual agreement of the parties, or, failing such agreement, by the court pursuant to the provisions of subsection (b).
(b)If any manufacturer fails to comply with the requirements Noncompliance, court injunction. of subsection (a), then the distributor or dealer, as the case may be, to whom such mobile home has been sold may bring an action seeking a court injunction compelling compliance with such requirements on the part of such manufacturer. Such action may be brought in any district court in the United States in the district in which such manufacturer resides, or is found, or has an agent, without regard to the amount in controversy, and the person bringing the action shall also be entitled to recover any damage sustained by him, as well as all court costs plus reasonable attorneys’ fees. Any action brought pursuant Statute of limitations. to this section shall be forever barred unless commenced within three years after the cause of action shall have accrued. inspection of mobile homes and records Sec. 614.
(a)The Secretary is authorized to conduct such inspections [42 USC 5413.](/us/usc/t42/s5413) and investigations as may be necessary to promulgate or enforce Federal mobile home construction and safety standards established under this title or otherwise to carry out his duties under this title. He shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with such standards for appropriate action. (b)(1) For purposes of enforcement of this title, persons duly designated by the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized—
(A)to enter, at reasonable times and without advance notice, any factory, warehouse, or establishment in which mobile homes are manufactured, stored, or held for sale; and
(B)to inspect, at reasonable times and within reasonable limits and in a reasonable manner, any such factory, warehouse, or establishment, and to inspect such books, papers, records, and documents as are set forth in subsection (c). Each such inspection shall be commenced and completed with reasonable promptness.
(2)The Secretary is authorized to contract with State and local governments and private inspection organizations to carry out his functions under this subsection.
(c)For the purpose of carrying out the provisions of this title, the Secretary is authorized—
(1)to hold such hearings, take such testimony, sit and act Hearings. at such times and places, administer such oaths, and require, by 88 Stat. 708 subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records, as the Secretary or such officer or employee deems advisable. Witnesses Witness fees. summoned pursuant to this subsection shall be paid the same fees and mileage that are paid witnesses in the courts of the United States;
(2)to examine and copy any documentary evidence of any person having materials or information relevant to any function of the Secretary under this title;
(3)to require, by general or special orders, any person to file, in such form as the Secretary may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary under this title. Such reports and answers shall be made under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe;
(4)to request from any Federal agency any information he deems necessary to carry out his functions under this title, and each such agency is authorized and directed to cooperate with the Secretary and to furnish such information upon request made by the Secretary, and the head of any Federal agency is authorized to detail, on a reimbursable basis, any personnel of such agency to assist in carrying out the duties of the Secretary under this title; and
(5)to make available to the public any information which may indicate the existence of a defect which relates to mobile home construction or safety or of the failure of a mobile home to comply with applicable mobile home construction and safety standards. The Secretary shall disclose so much of other information obtained under this subsection to the public as he determines will assist in carrying out this title; but he shall not (under the authority of this sentence) make available or disclose to the public any information which contains or relates to a trade secret or any information the disclosure of which would put the person furnishing such information at a substantial competitive disadvantage, unless he determines that it is necessary to carry out the purpose of this title. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.
(d)Any of the district courts of the United States within the jurisdiction Violation, penalty. of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary issued under paragraph
(1)or paragraph
(3)of subsection
(e)of this section, issue an order requiring compliance therewith; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(e)Each manufacturer of mobile homes shall submit the building Building plans, submittal to Secretary for approval. plans for every model of such mobile homes to the Secretary or his designee for the purpose of inspection under this section. The manufacturer must certify that each such building plan meets the Federal construction and safety standards in force at that time before the model involved is produced.
(f)Each manufacturer, distributor, and dealer of mobile homes Records and reports, inspection. shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer, distributor, or dealer has acted or is acting in compliance with this title and Federal mobile home construction and safety standards prescribed pursuant to this title and shall, upon request of a person duly designated by the Secretary, permit such person to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer, distributor, or dealer has acted or is acting in compliance 88 Stat. 709 with this title and mobile home construction and safety standards prescribed pursuant to this title.
(g)Each manufacturer of mobile homes shall provide to the Secretary Performance and technical data. such performance data and other technical data related to performance and safety as may be required to carry out the purposes of this title. These shall include records of tests and test results which the Secretary may require to be performed. The Secretary is authorized to require the manufacturer to give notification of such performance and technical data to—Notification to purchasers.
(1)each prospective purchaser of a mobile home before its first sale for purposes other than resale, at each location where any such manufacturer’s mobile homes are offered for sale by a person with whom such manufacturer has a contractual, proprietary, or other legal relationship and in a manner determined by the Secretary to be appropriate, which may include, but is not limited to, printed matter
(A)available for retention by such prospective purchaser, and
(B)sent by mail to such prospective purchaser upon his request; and
(2)the first person who purchases a mobile home for purposes other than resale, at the time of such purchase or in printed matter placed in the mobile home.
(h)All information reported to or otherwise obtained by the Information disclosure, exception. Secretary or his representative pursuant to subsection (b), (c), (f), or
(g)which contains or relates to a trade secret, or which, if disclosed, would put the person furnishing such information at a substantial competitive disadvantage, shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress. notification and correction of defects Sec. 615.
(a)Every manufacturer of mobile homes shall furnish [42 USC 5414.](/us/usc/t42/s5414) notification of any defect in any mobile home produced by such manufacturer which he determines, in good faith, relates to a Federal mobile home construction or safety standard or contains a defect which constitutes an imminent safety hazard to the purchaser of such mobile home, within a reasonable time after such manufacturer has discovered such defect.
(b)The notification required by subsection
(a)shall be accomplished—
(1)by mail to the first purchaser (not including any dealer or distributor of such manufacturer) of the mobile home containing the defect, and to any subsequent purchaser to whom any warranty on such mobile home has been transferred;
(2)by mail to any other person who is a registered owner of such mobile home and whose name and address has been ascertained pursuant to procedures established under subsection (f); and
(3)by mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such mobile home was delivered.
(c)The notification required by subsection
(a)shall contain a clear Description. description of such defect or failure to comply, an evaluation of the risk to mobile home occupants’ safety reasonably related to such defect, and a statement of the measures needed to repair the defect. The notification shall also inform the owner whether the defect is a construction or safety defect which the manufacturer will have corrected 88 Stat. 710 at no cost to the owner of the mobile home under subsection
(g)or otherwise, or is a defect which must be corrected at the expense of the owner.
(d)Every manufacturer of mobile homes shall furnish to the Secretary Communucations to dealers, copies to Secretary. a true or representative copy of all notices, bulletins, and other communications to the dealers of such manufacturer or purchasers of mobile homes of such manufacturer regarding any defect in any such mobile home produced by such manufacturer. The Secretary shall Information disclosure, exception. disclose to the public so much of the information contained in such notices or other information obtained under section 614 as he deems will assist in carrying out the purposes of this title, but he shall not disclose any information which contains or relates to a trade secret, or which, if disclosed, would put such manufacturer at a substantial competitive disadvantage, unless he determines that it is necessary to carry out the purposes of this title.
(e)If the Secretary determines that any mobile home—
(1)does not comply with an applicable Federal mobile home construction and safety standard prescribed pursuant to section 604; or
(2)contains a defect which constitutes an imminent safety hazard, then he shall immediately notify the manufacturer of such mobile Notice. home of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the findings are based. The Secretary shall afford such manufacturer Opportunity to present views. an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance. If after such presentation by the manufacturer the Secretary determines that such mobile home does not comply with applicable Federal mobile home construction or safety standards, or contains a defect which constitutes an imminent safety hazard, the Secretary shall direct the manufacturer to furnish the notification specified in subsections
(a)and
(b)of this section.
(f)Every manufacturer of mobile homes shall maintain a record Record of purchasers. of the name and address of the first purchaser of each mobile home (for purposes other than resale), and, to the maximum extent feasible, shall maintain procedures for ascertaining the name and address of any subsequent purchaser thereof and shall maintain a record of names and addresses so ascertained. Such records shall be kept for each home produced by a manufacturer. The Secretary may establish by order procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this subsection. Such procedures shall be reasonable for the particular type of mobile home for which they are prescribed.
(g)A manufacturer required to furnish notification of a defect Notice of defect. under subsection
(a)or
(e)shall also bring the mobile home into compliance with applicable standards and correct the defect or have the defect corrected within a reasonable period of time at no expense to the owner, but only if—
(1)the defect presents an unreasonable risk of injury or death to occupants of the affected mobile home or homes;
(2)the defect can be related to an error in design or assembly of the mobile home by the manufacturer. The Secretary may direct the manufacturer to make such corrections Opportunity to present views. after providing an opportunity for oral and written presentation of views by interested persons. Nothing in this section shall limit the rights of the purchaser or any other person under any contract or applicable law. 88 Stat. 711
(h)The manufacturer shall submit his plan for notifying owners of the defect and for repairing such defect (if required under subsection (g)) to the Secretary for his approval before implementing such plan. Whenever a manufacturer is required under subsection
(g)to correct a defect, the Secretary shall approve with or without modification, after consultation with the manufacturer of the mobile home involved, such manufacturer’s remedy plan including the date when, and the method by which, the notification and remedy required pursuant to this section shall be effectuated. Such date shall be the earliest practicable one but shall not be more than sixty days after the date of discovery or determination of the defect or failure to comply, unless the Secretary grants an extension of such period for good cause shown and publishes a notice of such extension in the Federal Register. Such manufacturer Publication in Federal Register. is bound to implement such remedy plan as approved by the Secretary.
(i)Where a defect or failure to comply in a mobile home cannot be adequately repaired within sixty days from the date of discovery or determination of the defect, the Secretary may require that the mobile home be replaced with a new or equivalent home without charge, or that the purchase price be refunded in full, less a reasonable allowance for depreciation based on actual use if the home has been in the possession of the owner for more than one year. certification of conformity with construction and safety standards Sec. 616. Every manufacturer of mobile homes shall furnish to the [42 USC 5415.](/us/usc/t42/s5415) distributor or dealer at the time of delivery of each such mobile home produced by such manufacturer certification that such mobile home conforms to all applicable Federal construction and safety standards. Such certification shall be in the form of a label or tag permanently affixed to each such mobile home. consumer information Sec. 617. The Secretary shall develop guidelines for a consumer’s Consumer’s manual [42 USC 5416.](/us/usc/t42/s5416) manual to be provided to mobile home purchasers by the manufacturer. These manuals should identify and explain the purchasers’ responsibilities for operation, maintenance, and repair of their mobile homes. effect upon antitrust laws Sec. 618. Nothing contained in this title shall be deemed to exempt [42 USC 5417.](/us/usc/t42/s5417) from the antitrust laws of the United States any conduct that would otherwise be unlawful under such laws, or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such laws. As used in this section, the term “antitrust laws” “Antitrust laws.” [15 USC 1.](/us/usc/t15/s1) [15 USC 12.](/us/usc/t15/s12) includes, but is not limited to, the Act of July 2, 1890, as amended; the Act of October 14, 1914, as amended; the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894, as amended.[15 USC 8, 9.](/us/usc/t15/s8/s9) use of research and testing facilities of public agencies Sec. 619. The Secretary, in exercising the authority under this title, [42 USC 5418.](/us/usc/t42/s5418) shall utilize the services, research and testing facilities of public agencies and independent testing laboratories to the maximum extent practicable in order to avoid duplication. 88 Stat. 712 inspection fees Sec. 620. In carrying out the inspections required under this title, [42 USC 5419.](/us/usc/t42/s5419) the Secretary may establish and impose on mobile home manufacturers, distributors, and dealers such reasonable fees as may be necessary to offset the expenses incurred by him in conducting such inspections, except that this section shall not apply in any State which has in effect a State plan under section 623. penalties on inspections Sec. 621. Any person, other than an officer or employee of the [42 USC 5420.](/us/usc/t42/s5420) United States, or a person exercising inspection functions under a State plan pursuant to section 623, who knowingly and willfully fails to report a violation of any construction or safety standard established under section 604 may be fined up to $1,000 or imprisoned for up to one year, or both. prohibition on waiver of rights Sec. 622. The rights afforded mobile home purchasers under this [42 USC 5421.](/us/usc/t42/s5421) title may not be waived, and any provision of a contract or agreement entered into after the enactment of this title to the contrary shall be void. state jurisdiction; state plans Sec. 623.
(a)Nothing in this title shall prevent any State agency [42 USC 5422.](/us/usc/t42/s5422) or court from asserting jurisdiction under State law over any mobile home construction or safety issue with respect to which no Federal mobile home construction and safety standard has been established pursuant to the provisions of section 604.
(b)Any State which, at any time, desires to assume responsibility Enforcement standards plan, submittal to Secretary.for enforcement of mobile home safety and construction standards relating to any issue with respect to which a Federal standard has been established under section 604, shall submit to the Secretary a State plan for enforcement of such standards.
(c)The Secretary shall approve the plan submitted by a State Approval. under subsection (b), or any modification thereof, if such plan in his judgment—
(1)designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State;
(2)provides for the enforcement of mobile home safety and construction standards promulgated under section 604;
(3)provides for a right of entry and inspection of all factories, warehouses, or establishments in such State in which mobile homes are manufactured and for the review of plans, in a manner which is identical to that provided in section 614;
(4)provides for the imposition of the civil and criminal penalties under section 611;
(5)provides for the notification and correction procedures under section 615;
(6)provides for the payment of inspection fees by manufacturers in amounts adequate to cover the costs of inspections;
(7)contains satisfactory assurances that the State agency or agencies have or will have the legal authority and qualified personnel necessary for the enforcement of such standards;
(8)give satisfactory assurances that such State will devote adequate funds to the administration and enforcement of such standards; 88 Stat. 713
(9)requires manufacturers, distributors, and dealers in such State to make reports to the Secretary in the same manner and to the same extent as if the State plan were not in effect;
(10)provides that the State agency or agencies will make such reports to the Secretary in such form and containing such information as the Secretary shall from time to time require; and
(11)complies with such other requirements as the Secretary may by regulation prescribe for the enforcement of this title.
(d)If the Secretary rejects a plan submitted under subsection (b), Notice and hearing. he shall afford the State submitting the plan due notice and opportunity for a hearing before so doing.
(e)After the Secretary approves a State plan submitted under subsection (b), he may, but shall not be required to, exercise his authority under this title with respect to enforcement of mobile home construction and safety standards in the State involved.
(f)The Secretary shall, on the basis of reports submitted by the Evaluation, submittal to congressional committees. designated State agency and his own inspections, make a continuing evaluation of the manner in which each State having a plan approved under this section is carrying out such plan. Such evaluation shall be made by the Secretary at least annually for each State, and the results of such evaluation and the inspection reports on which it is based shall be promptly submitted to the appropriate committees of the Congress. Whenever the Secretary finds, after affording due notice and opportunity Notice and hearing. for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan or that the State plan has become inadequate, he shall notify the State agency or agencies of his withdrawal of approval of such plan. Upon receipt of such notice by such State agency or agencies such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced before the withdrawal of the plan in order to enforce mobile home standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan. grants to states Sec. 624.
(a)The Secretary is authorized to make grants to the [42 USC 5423.](/us/usc/t42/s5423) States which have designated a State agency under section 623 to assist them—
(1)in identifying their needs and responsibilities in the area of mobile home construction and safety standards; or
(2)in developing State plans under section 623.
(b)The Governor of each State shall designate the appropriate State agency for receipt of any grant made by the Secretary under this section.
(c)Any State agency designated by the Governor of a State desiring Application. a grant under this section shall submit an application therefor to the Secretary. The Secretary shall review and either accept or reject such application.
(d)The Federal share for each State grant under subsection
(a)of this section may not exceed 90 per centum of the total cost to the State in identifying its needs and developing its plan. In the event the Federal share for all States under such subsection is not the same, the differences among the States shall be established on the basis of objective criteria. rules and regulations Sec. 625. The Secretary is authorized to issue, amend, and revoke [42 USC 5424.](/us/usc/t42/s5424) such rules and regulations as he deems necessary to carry out this title. 88 Stat. 714 annual report to congress Sec. 626.
(a)The Secretary shall prepare and submit to the President Submittal to President. [42 USC 5425.](/us/usc/t42/s5425) for transmittal to the Congress on March 1 of each year a comprehensive report on the administration of this title for the preceding calendar year. Such report shall include but not be restricted to
(1)Contents. a thorough statistical compilation of the accidents, injuries, deaths, and property losses occurring in or involving mobile homes in such year;
(2)a list of Federal mobile home construction and safety standards prescribed or in effect in such year;
(3)the level of compliance with all applicable Federal mobile home standards;
(4)a summary of all current research grants and contracts together with a description of the problems to be studied in such research;
(5)an analysis and evaluation, including relevant policy recommendations, of research activities completed and technological progress achieved during such year;
(6)a statement of enforcement actions including judicial decisions, settlements, defect notifications, and pending litigation commenced during the year; and
(7)the extent to which technical information was disseminated to the scientific community and consumer-oriented information was made available to mobile home owners and prospective buyers.
(b)The report required by subsection
(a)of this section shall contain Recommendations for legislation. such recommendations for additional or revised legislation as the Secretary deems necessary to promote the improvement of mobile home construction and safety and to strengthen the national mobile home program.
(c)In order to assure a continuing and effective national mobile home construction and safety program, it is the policy of Congress to encourage the adoption of State inspection of used mobile homes. Therefore, to that end the Secretary shall conduct a thorough study Study and investigation. and investigation to determine the adequacy of mobile home construction and safety standards and mobile home inspection requirements and procedures applicable to used mobile homes in each State, and the effect of programs authorized by this title upon such standards, requirements, and procedures for used mobile homes, and report to Congress as soon as practicable, but not later than one year after the date of enactment of this Act, the results of such study, and recommendations for such additional legislation as he deems necessary to carry out the purposes of this title. Such report shall also include recommendations by the Secretary relating to the problems of disposal of used mobile homes. authorization of appropriations Sec. 627. There are authorized to be appropriated such sums as [42 USC 5426.](/us/usc/t42/s5426) may be necessary to carry out the provisions of this title. effective date Sec. 628. The provisions of this title shall take effect upon the expiration [42 USC 5401](/us/usc/t42/s5401) note. of 180 days following the date of enactment of this title. TITLE VII—CONSUMER HOME MORTGAGE ASSISTANCEConsumer Home Mortgage Assistance Act of 1974. short title Sec. 701. This title may be cited as the “Consumer Home Mortgage [12 USC 1564](/us/usc/t12/s1564) note. Assistance Act of 1974”. 88 Stat. 715 Part A—Lending and Investment Powers, Federal Savings and Loan Associations construction loans Sec. 702. Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)) is amended by adding at the end thereof the following new paragraph: " “Without regard to any other provision of this subsection, any such association is authorized to invest an amount, not exceeding the greater of
(A)the sum of its surplus, undivided profits, and reserves or
(B)3 per centum of its assets, in loans or in interests therein the principal purpose of which is to provide financing with respect to what is or is expected to become primarily residential real estate within one hundred miles of its home office or within the State in which such office is located, where
(i)the association relies substantially for repayment on the borrower’s general credit standing and forecast of income, with or without other security, or
(ii)the association relies on other assurances for repayment, including but not limited to a guaranty or similar obligation of a third party, and, in either case described in clause
(i)or (ii), regardless of whether or not the association takes security; and investments under this sentence shall not be included in any percentage of assets or other percentage referred to in this subsection.” " single family dwelling limitations Sec. 703. Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)) is amended by striking out “$45,000” immediately before “for each single family dwelling” and inserting in lieu thereof “$55,000 (except that with respect to dwellings in Alaska, Guam, and Hawaii the foregoing limitation may, by regulation of the Board, be increased by not to exceed 50 per centum)”. lending authority under the home owners’ loan act Sec. 704. Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)), as amended by section 702 of this Act, is amended *Supra.* by adding at the end thereof the following new paragraph: " “Subject to such prohibitions, limitations, and conditions as the Board may prescribe, any such association may invest in loans and advances of credit and interests therein upon the security of or respecting real property or interests therein used for primarily residential purposes (all of which may be defined by the Board) that do not comply with the limitations and restrictions in this subsection, but no investment shall be made by an association under this sentence if its aggregate outstanding investment under this sentence determined as prescribed by the Board, exclusive of any investment which is or at the time of its making was otherwise authorized, would thereupon exceed 5 per centum of its assets.”. " amendment to the home owners’ loan act of 1933 concerning property improvement loans Sec. 705. The second and third undesignated paragraphs of section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)) are amended by striking out “$5,000” and inserting in lieu thereof “$10,000”. 88 Stat. 716 advances from a state chartered central reserve institution including mortgage finance agencies Sec. 706. Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)), as amended by sections 702 and 704 of this Act, is *Ante,* p. 715. amended by adding at the end thereof the following new paragraph: " “Subject to regulation by the Board but without regard to any other provision of this subsection, any such association whose general reserves, surplus, and undivided profits aggregate a sum in excess of 5 per centum of its withdrawable accounts is authorized to borrow funds from a State mortgage finance agency of the State in which the head office of such association is situated to the same extent as State law authorizes a savings and loan association organized under the laws of such State to borrow from the State mortgage finance agency, except that such an association may not make any loan of such funds at an interest rate which exceeds by more than 1¾ per centum per annum the interest rate paid to the State mortgage finance agency on the obligations issued to obtain the funds so borrowed.” " Part B—National Banks real estate loans by national banks Sec. 711. Section 24 of the Federal Reserve Act (12 U.S.C. 371) is amended to read as follows: " “real estate loans by national banks “Sec. 24 (a)(1) Any national banking association may make real estate loans, secured by liens upon unimproved real estate, upon improved real estate, including improved farmland and improved business and residential properties, and upon real estate to be improved by a building or buildings to be constructed or in the process of construction, in an amount which when added to the amount unpaid upon prior mortgages, liens, encumbrances, if any, upon such real estate does not exceed the respective proportions of appraised value as provided in this section. A loan secured by real estate within the meaning of this section shall be in the form of an obligation or obligations secured by a mortgage, trust deed, or other instrument, which shall constitute a lien on real estate in fee or, under such rules and regulations as may be prescribed by the Comptroller of the Currency, on a leasehold under a lease which does not expire for at least ten years beyond the maturity date of the loan, and any national banking association may purchase or sell any obligations so secured in whole or in part. The amount of any such loan hereafter made shall not exceed 66⅔ per centum of the appraised value if such real estate is unimproved, 75 per centum of the appraised value if such real estate is improved by offsite improvements such as streets, water, sewers, or other utilities, 75 per centum of the appraised value if such real estate is in the process of being improved by a building or buildings to be constructed or in the process of construction, or 90 per centum of the appraised value if such real estate is improved by a building or buildings. If any such loan exceeds 75 per centum of the appraised value of the real estate or if the real estate is improved with a one-to four-family dwelling, installment payments shall be required which are sufficient to amortize the entire principal of the loan within a period of not more than thirty years. “(2) The limitations and restrictions set forth in paragraph
(1)shall not prevent the renewal or extension of loans heretofore made and shall not apply to real estate loans
(A)which are insured under 88 Stat. 717 the provisions of the National Housing Act,
(B)which are insured [12 USC 1701](/us/usc/t12/s1701) and note. by the Secretary of Agriculture pursuant to title I of the Bankhead-Jones Farm Tenant Act, or the Act of August 28, 1937, as amended, [7 USC 1000](/us/usc/t7/s1000) and note. [42 USC 1471.](/us/usc/t42/s1471) or title V of the Housing Act of 1949, as amended, or
(C)which are guaranteed by the Secretary of Housing and Urban Development, for the payment of the obligations of which the full faith and credit of the United States is pledged, and such limitations and restrictions shall not apply to real estate loans which are fully guaranteed or insured by a State, or any agency or instrumentality thereof, or by a State authority for the payment of the obligations of which the faith and credit of the State is pledged, if under the terms of the guaranty or insurance agreement the association will be assured of repayment in accordance with the terms of the loan, or to any loan at least 20 per centum of which is guaranteed under chapter 37 of title 38, United States Code.[38 USC 1801.](/us/usc/t38/s1801) “(3) Loans which are guaranteed or insured as described in paragraph
(2)shall not be taken into account in determining the amount of real estate loans which a national banking association may make in relation to its capital and surplus or its time and savings deposits or in determining the amount of real estate loans secured by other than first liens. Where the collateral for any loan consists partly of real estate security and partly of other security, including a guaranty or endorsement by or an obligation or commitment of a person other than the borrower, only the amount by which the loan exceeds the value as collateral of such other security shall be considered a loan upon the security of real estate, and in no event shall a loan be considered as a real estate loan where there is a valid and binding agreement which is entered into by a financially responsible lender or other party either directly with the association or which is for the benefit of or has been assigned to the association and pursuant to which agreement the lender or other party is required to advance to the association within sixty months from the date of the making of such loan the full amount of the loan to be made by the association upon the security of real estate. Except as otherwise provided, no such association shall make real estate loans in an aggregate sum in excess of the amount of the capital stock of such association paid in and unimpaired plus the amount of its unimpaired surplus fund, or in excess of the amount of its time and savings deposits, whichever is greater: *Provided*, That the amount unpaid upon real estate loans secured by other than first liens, when added to the amount unpaid upon prior mortgages, liens, and encumbrances, shall not exceed in an aggregate sum 20 per centum of the amount of the capital stock of such association paid in and unimpaired plus 20 per centum of the amount of its unimpaired surplus fund. “(b) Any national banking association may make real estate loans secured by liens upon forest tracts which are properly managed in all respects. Such loans shall be in the form of an obligation or obligations secured by mortgage, trust deed, or other such instrument; and any national banking association may purchase or sell any obligations so secured in whole or in part. The amount of any such loan, when added to the amount unpaid upon prior mortgages, liens, and encumbrances, if any, shall not exceed 66⅔ per centum of the appraised fair market value of the growing timber, lands, and improvements thereon offered as security and the loan shall be made upon such terms and conditions as to assure that at no time shall the loan balance, when added to the amount unpaid upon prior mortgages, liens, and encumbrances, if any, exceed 66⅔ per centum of the original appraised total value of the property then remaining. No such loan shall be made for a longer term than three years; except that any such loan may be made for a term not longer than fifteen years 88 Stat. 718 if the loan is secured by an amortized mortgage, deed of trust, or other such instrument under the terms of which the installment payments are sufficient to amortize the principal of the loan within a period of not more than fifteen years and at a rate at least 6⅔ per centum per annum. All such loans secured by liens upon forest tracts shall be included in the permissible aggregate of all real estate loans and, when secured by other than first liens, in the permissible aggregate of all real estate loans secured by other than first liens, prescribed in subsection (a), but no national banking association shall make forest tract loans in an aggregate sum in excess of 50 per centum of its capital stock paid in and unimpaired plus 50 per centum of its unimpaired surplus fund. “(c) Loans made to finance the construction of a building or buildings and having maturities of not to exceed sixty months where there is a valid and binding agreement entered into by a financially responsible lender or other party to advance the full amount of the bank’s loan upon completion of the building or buildings, and loans made to finance the construction of residential or farm buildings and having maturities of not to exceed sixty months, may be considered as real estate loans if the loans qualify under this section, or such loans may be classed as commercial loans whether or not secured by a mortgage or similar lien on the real estate upon which the building or buildings are being constructed, at the option of each national banking association that may have an interest in such loan: *Provided*, That no national banking association shall invest in, or be liable on, any such loans classed as commercial loans under this subsection in an aggregate amount in excess of 100 per centum of its actually paid-in and unimpaired capital plus 100 per centum of its unimpaired surplus fund. “(d) Notes representing loans made under this section to finance the construction of residential or farm buildings and having maturities of not to exceed nine months shall be eligible for discount as commercial paper within the terms of the second paragraph of section 13 of this Act if accompanied by a valid and binding agreement [12 USC 343.](/us/usc/t12/s343) to advance the full amount of the loan upon the completion of the building entered into by an individual, partnership, association, or corporation acceptable to the discounting bank. “(e) Loans made to any borrower
(i)where the association looks for repayment by relying primarily on the borrower’s general credit standing and forecast of income, with or without other security, or
(ii)secured by an assignment of rents under a lease, and where, in either case described in clause
(i)or
(ii)above, the association wishes to take a mortgage, deed of trust, or other instrument upon real estate (whether or not constituting a first lien) as a precaution against contingencies, and loans in which the Small Business Administration cooperates through agreements to participate on an immediate or deferred or guaranteed basis under the Small Business Act, shall not [15 USC 631](/us/usc/t15/s631) note. be considered as real estate loans within the meaning of this section but shall be classed as commercial loans. “(f) Any national banking association may make loans upon the security of real estate that do not comply with the limitations and restrictions in this section, if the total unpaid amount loaned, exclusive of loans which subsequently comply with such limitations and restrictions, does not exceed 10 per centum of the amount that a national banking association may invest in real estate loans. The total unpaid amount so loaned shall be included in the aggregate sum that such association may invest in real estate loans. “(g) Loans made pursuant to this section shall be subject to such conditions and limitations as the Comptroller of the Currency may prescribe by rule or regulation.”. " 88 Stat. 719 Part C—Federal Credit Unions lending authority and depository authority Sec. 721.
(a)Paragraph
(6)of section 107 of the Federal Credit Union Act (12 U.S.C. 1757(6)) is amended to read as follows: " “(6) to make loans to its own directors and to members of its own supervisory credit committee provided that any such loan or aggregate of loans to one director or committee member which exceeds $2,500 plus pledged shares must be approved by the board of directors, and to permit directors and members of its own supervisory or credit committee to act as guarantor or endorser of loans to other members, except that when such a loan standing alone or when added to any outstanding loan or loans of the guarantor exceeds $2,500, approval by the board of directors is required;”. "
(b)Paragraph
(9)of such section is amended by inserting immediately before the semicolon at the end thereof the following: “, and for Federal credit unions or credit unions authorized by the Department of Defense operating suboffices on American military installations in foreign countries or trust territories of the United States to maintain demand deposit accounts in banks located in those countries or trust territories, subject to such regulations as may be issued by the Administrator and provided such banks are correspondents of banks described in this paragraph”. fees Sec. 722. The first sentence of section 109 of the Federal Credit Union Act (12 U.S.C. 1759) is amended by striking out “the entrance fee” and inserting in lieu thereof “a uniform entrance fee if required by the board of directors”. directors Sec. 723.
(a)The third sentence of section 113 of the Federal Credit Union Act (12 U.S.C. 1761b) is amended by inserting “, except that the board may designate a committee of not less than two to act as an investment committee, such investment committee to have charge of making investments under rules and procedures established by the board of directors” immediately after “have charge of investments other than loans to members”.
(b)The fourth sentence of such section is amended by striking out “act for it in the purchase and sale of securities, the borrowing of funds, and making of loans to other credit unions” and inserting in lieu thereof “exercise such authority as may be delegated to it subject to such conditions and limitations as may be prescribed by the board”.
(c)The fifth sentence of such section is amended by striking out “a membership officer” and inserting in lieu thereof “one or more membership officers”.
(d)Such section is amended by adding at the end thereof the following new sentence: “If a membership application is denied, the reasons therefor shall be furnished in writing to the person whose application is denied, upon written request.”. supervisory committees Sec. 724. Section 115 of the Federal Credit Union Act (12 U.S.C. 1761d) is amended by striking out “a semiannual” and inserting in lieu thereof “an annual”. 88 Stat. 720 dividends Sec. 725.
(a)The first sentence of section 117 of the Federal Credit Union Act (12 U.S.C. 1763) is amended by striking out “Annually, semiannually, or quarterly, as the bylaws may provide” and inserting in lieu thereof “At such intervals as the board of directors may authorize”.
(b)The last sentence of such section is amended by striking out “for a month”, and by striking out “which are or become fully paid up during the first ten days of that month” and inserting in lieu thereof “as authorized by the board of directors”. applicability Sec. 726. Section 126 of the Federal Credit Union Act (12 U.S.C. 1772) is amended by inserting immediately after “the several territories” the following: “, including the trust territories,”. definition of members accounts Sec. 727. Section 202(h) of the Federal Credit Union Act (12 U.S.C. 1782(h)) is amended—
(1)by striking out “and” at the end of paragraph (1);
(2)by striking out the period at the end of paragraph
(2)and inserting in lieu thereof “; and”; and
(3)by adding after paragraph
(2)the following new paragraph: " “(3) the term ‘members accounts’ when applied to the premium charge for insurance of the accounts of federally insured credit unions shall not include amounts in excess of the insured account limit set forth in section 207(c).”[12 USC 1787.](/us/usc/t12/s1787) " termination Sec. 728.
(a)Section 206(a) of the Federal Credit Union Act (12 U.S.C. 1786(a)) is amended to read as follows: " “(a)(1) Any insured credit union other than a Federal credit union may, upon not less than ninety days’ written notice to the Administrator and upon the affirmative vote of a majority of its members within one year prior to the giving of such notice, terminate its status as an insured credit union. “(2) Any insured credit union, other than a Federal credit union, which has obtained a new certificate of insurance from a corporation authorized and duly licensed to insure member accounts may upon not less than ninety days’ written notice to the Administrator convert from status as an insured credit union under this Act: *Provided*. That at the time of giving notice to the Administrator the provisions of paragraph (b)(1) of this section are not being invoked against the credit union.”. "
(b)The first sentence of section 206(c) of such Act is amended by inserting “(1)” immediately after “(a)”.
(c)Section 206(d) of such Act is amended by inserting “(1)” immediately after “(d)”, and by adding at the end thereof the following new paragraphs:" “(2) No credit union shall convert from status as an insured credit union under this Act as provided under subsection (a)(2) of this section until the proposition for such conversion has been approved by a *Supra.* majority of all the directors of the credit union, and by affirmative vote of a majority of the members of the credit union who vote on the proposition in a vote in which at least 20 per centum of the total membership 88 Stat. 721 of the credit union participates. Following approval by the directors, written notice of the proposition and of the date set for the membership vote shall be delivered in person to each member, or mailed to each member at the address for such member appearing on the records of the credit union, not more than thirty nor less than seven days prior to such date. The membership shall be given the opportunity to vote by mail ballot. If the proposition is approved by the membership, prompt and reasonable notice of insurance conversion shall be given to all members. “(3) In the event of a conversion of a credit union from status as an insured credit union under this Act as provided under subsection
(2)of this section, premium charges payable under section 202(c) of this Act shall be reduced by an amount proportionate to the number of [12 USC 1782.](/us/usc/t12/s1782) calendar months for which the converting credit union will no longer be insured under this Act. As long as a converting credit union remains insured under this Act, it shall remain subject to all of the provisions of chapter II of this Act.”. " liquidation Sec. 729. Section 208(a)(1) of the Federal Credit Union Act (12 U.S.C. 1788(a)(1)) is amended to read as follows: " “(1) In order to reopen a closed insured credit union or in order to prevent the closing of an insured credit union which the Administrator has determined is in danger of closing or in order to assist in the voluntary liquidation of a solvent credit union, the Administrator, in his discretion, is authorized to make loans to, or purchase the assets of, or establish accounts in such insured credit union upon such terms and conditions as he may prescribe. Except with respect to the voluntary liquidation of a solvent credit union, such loans shall be made and such accounts shall be established only when, in the opinion of the Administrator, such action is necessary to protect the fund or the interests of the members of the credit union.” " TITLE VIII—MISCELLANEOUS national housing goal Sec. 801. Title XVI of the Housing and Urban Development Act of 1968 is amended—
(1)by inserting “(a)” before “The Congress” in the first sentence of section 1601;[42 USC 1441a.](/us/usc/t42/s1441a)
(2)by adding at the end of section 1601 the following new subsections: " “(b) The Congress further finds that policies designed to contribute to the achievement of the national housing goal have not directed sufficient attention and resources to the preservation of existing housing and neighborhoods, that the deterioration and abandonment of housing for the Nation’s lower income families has accelerated over the last decade, and that this acceleration has contributed to neighborhood disintegration and has partially negated the progress toward achieving the national housing goal which has been made primarily through new housing construction. “(c) The Congress declares that if the national housing goal is to be achieved, a greater effort must be made to encourage the preservation of existing housing and neighborhoods through such measures as housing preservation, moderate rehabilitation, and improvements in housing management and maintenance, in conjunction with the provision of adequate municipal services. Such an effort should concentrate, to a greater extent than it has in the past, on housing and 88 Stat. 722 neighborhoods where deterioration is evident but has not yet become acute.”; and"
(3)by redesignating clauses
(3)through
(6)of section 1603 as [42 USC 1441c.](/us/usc/t42/s1441c) clauses
(4)through (7), respectively, and by inserting after clause
(2)the following new clause: " “(3) provide an assessment of developments and progress during the preceding fiscal year with respect to the preservation of deteriorating housing and neighborhoods and indicate the efforts to be undertaken in future years to encourage such action;”. " state housing finance and development agencies Sec. 802.
(a)It is the purpose of this section to encourage the formation [42 USC 1440.](/us/usc/t42/s1440) and effective operation of State housing finance agencies and State development agencies which have authority to finance, to assist in carrying out, or to carry out activities designed to
(1)provide housing and related facilities through land acquisition, construction, or rehabilitation, for persons and families of low, moderate, and middle income,
(2)promote the sound growth and development of neighborhoods through the revitalization of slum and blighted areas,
(3)increase and improve employment opportunities for the unemployed and underemployed through the development and redevelopment of industrial, manufacturing, and commercial facilities, or
(4)implement the development aspects of State land use and preservation policies, including the advance acquisition of land where it is consistent with such policies. The Secretary of Housing and Urban Development shall encourage maximum participation by private and nonprofit developers in activities assisted under this section. (b)(1) A State housing finance or State development agency is eligible for assistance under this section only if the Secretary determines that it is fully empowered and has adequate authority to at least carry out or assist in carrying out the purposes specified in clause
(1)of subsection (a).
(2)for the purpose of this section—Definitions.
(A)the term “State housing finance or State development agency” means any public body or agency, publicly sponsored corporation, or instrumentality of one or more States which is designated by the Governor (or Governors in the case of an interstate development agency) for purposes of this section;
(B)the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and
(C)the term “Secretary” means the Secretary of Housing and Urban Development. (c)(1) The Secretary is authorized to guarantee, and enter into Guarantees. commitments to guarantee, the bonds, debentures, notes, and other obligations issued by State housing finance or State development agencies to finance development activities as determined by him to be in furtherance of the purpose of clause
(1)or
(2)of subsection (a), except that obligations issued to finance activities solely in furtherance of the purpose of clause
(1)of subsection
(a)may be guaranteed only if the activities are in connection with the revitalization of slum or blighted areas under title I of this Act or under any other program determined to be acceptable by the Secretary for this purpose.*Ante,* p. 633.
(2)The Secretary is authorized to make, and to contract to make, Grants. grants to or on behalf of a State housing finance or State development agency to cover not to exceed 33% per centum of the interest payable on bonds, debentures, notes, and other obligations issued by such 88 Stat. 723 agency to finance development activities in furtherance of the purposes of this section.
(3)No obligation shall be guaranteed or otherwise assisted under this section unless the interest income thereon is subject to Federal taxation as provided in subsection (h)(2), except that use of guarantees provided for in this subsection shall not be made a condition to nor preclude receipt of any other Federal assistance.
(4)The full faith and credit of the United States is pledged to the payment of all guarantees made under this section with respect to principal, interest, and any redemption premiums. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligation.
(5)The Secretary is authorized to establish and collect such fees and Fees. charges for and in connection with guarantees made under this section as he considers reasonable.
(6)There are authorized to be appropriated such sums as may be Appropriation. necessary to make payments as provided for in contracts entered into by the Secretary under paragraph
(2)of this subsection, and payments pursuant to such contracts shall not exceed $50,000,000 per annum prior to July 1, 1975, which maximum dollar amount shall be increased by $60,000,000 on July 1, 1975. The aggregate principal amount of the obligations which may be guaranteed under this section and outstanding at any one time shall not exceed $500,000,000. (d)) The Secretary shall take such steps as he considers reasonable to assure that bonds, debentures, notes, and other obligations which are guaranteed under subsection
(c)will—
(1)be issued only to investors approved by, or meeting requirements prescribed by, the Secretary, or, if an offering to the public is contemplated, be underwritten upon terms and conditions approved by the Secretary;
(2)bear interest at a rate satisfactory to the Secretary;
(3)contain or be subject to repayment, maturity, and other provisions satisfactory to the Secretary; and
(4)contain or be subject to provisions with respect to the protection of the security interests of the United States, including any provisions deemed appropriate by the Secretary relating to subrogation, liens, and releases of liens, payment of taxes, cost certification procedures, escrow or trusteeship requirements, or other matters. (e)(1) The Secretary is authorized to establish a revolving fund Revolving fund, establishment. to provide for the timely payment of any liabilities incurred as a result of guarantees under subsection
(c)and for the payment of obligations issued to the Secretary of the Treasury under paragraph
(2)of this subsection. Such revolving fund shall be comprised of
(A)receipts from fees and charges;
(B)recoveries under security, subrogation, and other rights;
(C)repayments, interest income, and any other receipts obtained in connection with guarantees made under subsection (c);
(D)proceeds of the obligations issued to the Secretary of the Treasury pursuant to paragraph
(2)of this subsection; and
(E)such Appropriation. sums, which are hereby authorized to be appropriated, as may be required for such purposes. Money in the revolving fund not currently needed for the purpose of this section shall be kept on hand or on deposit, or invested in obligations of the United States or guaranteed thereby, or in obligations, participations, or other instruments which are lawful investments for fiduciary, trust, or public funds.
(2)The Secretary may issue obligations to the Secretary of the Treasury in an amount sufficient to enable the Secretary to carry out his functions with respect to the guarantees authorized by subsection 88 Stat. 724 (c). The obligations issued under this paragraph shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any obligations so issued, and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, and the purposes for which securities may be issued under that Act are extended to include purchases of the obligations [31 USC 774.](/us/usc/t31/s774) hereunder.
(3)Notwithstanding any other provision of law relating to the acquisition, handling, improvement, or disposal of real and other property by the United States, the Secretary shall have power, for the protection of the interests of the fund authorized under this subsection, to pay out of such fund all expenses or charges in connection with the acquisition, handling, improvement, or disposal of any property, real or personal, acquired by him as a result of recoveries under security, subrogation, or other rights.
(f)The Secretary is authorized to provide, either directly or by Technical assistance. contract or other arrangements, technical assistance to State housing finance or State development agencies to assist them in connection with planning and carrying out development activities in furtherance of the purpose of this section.
(g)All laborers and mechanics employed by contractors or subcontractors in housing or development activities assisted under this section shall be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a–276a–5): *Provided*, That this section shall apply to the construction of residential property only if such property is designed for residential use for eight or more families. No assistance shall be extended under this section with respect to any development activities without first obtaining adequate assurance that these labor standards will be maintained upon the work involved in such activities. 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 (64 Stat. 1267), and section 2 of the [5 USC app.](/us/usc/t5/app) Act of June 13, 1934 (40 U.S.C. 276c). (h)(1) In the performance of, and with respect to, the functions, powers, and duties rested in him by this section, the Secretary, in addition to any authority otherwise vested to him, shall—
(A)have the power, notwithstanding any other provision of law, in connection with any guarantee under this section, whether before or after default, to provide by contract for the extinguishment upon default of any redemption, equitable, legal, or other right, title, or interest of a State housing finance or State development agency in any mortgage, deed, trust, or other instrument held by or on behalf of the Secretary for the protection of the security interests of the United States; and
(B)have the power to foreclose on any property or commence any action to protect or enforce any right conferred upon him by law, contract, or other agreement, and bid for and purchase at any foreclosure or other sale any property in connection with which he has provided a guarantee pursuant to this section. In the event of any such acquisition, the Secretary may, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property. Notwithstanding any other provision of law, the Secretary shall also have power to pursue to final collection by way of compromise or otherwise all claims acquired by him in 88 Stat. 725 connection with any security, subrogation, or other rights obtained by him in administering this section.
(2)With respect to any obligation issued by a State housing finance or State development agency for which the issuer has elected to receive the benefits of the assistance provided under this section, the interest paid on such obligation and received by the purchaser thereof (or his successor in interest) shall be included in gross income for the purposes of chapter 1 of the Internal Revenue Code of 54.[26 USC 1](/us/usc/t26/s1) *et seq.* (i)(1) Section 24(a)(2) of the Federal Reserve Act (as amended by section 711 of this Act) is amended by inserting the following *Ante,* p. 716. before the period at the end thereof: “, or to obligations guaranteed under section 802 of the Housing and Community Development Act of 1974”.
(2)The twelfth paragraph of section 5(c) of the Homeowners’ Loan Act of 1933 is amended by adding in the last sentence immediately [12 USC 1464.](/us/usc/t12/s1464) after the words “or under part B of the Urban Growth and New Community Development Act of 1970” the following: “or under section 802 of the Housing and Community Development Act of 1974”. new community program amendments Sec. 803. (a)(1) Part B of title VII of the Housing and Urban Development Act of 1970 is amended by striking out “Community [42 USC 4511.](/us/usc/t42/s4511) Development Corporation” wherever it appears and inserting in lieu thereof “New Community Development Corporation”.
(2)The heading of section 729 of such Act is amended by inserting [42 USC 4532.](/us/usc/t42/s4532) “new” before “community”.
(b)Section 729(b) of such Act is amended—
(1)by striking out “five members” in the matter preceding paragraph
(1)and inserting in lieu thereof “seven members”; and
(2)by striking out “three persons” in paragraph
(3)and inserting in lieu thereof “five persons”.
(c)The last sentence of section 713(a) of such Act is amended by [42 USC 4514.](/us/usc/t42/s4514) striking out “in amounts” and all that follows and inserting in lieu thereof “in amounts equal to 30 per centum of the interest paid on such obligations.”
(d)Section 718(c) of such Act is amended by inserting before the [42 USC 4519.](/us/usc/t42/s4519) period at the end thereof the following: “, or a project or portion of a project consisting of the purchase, renovation, or construction of facilities, the purchase of land, or the acquisition of equipment or works of art assisted by contracts or grants under section 5 of the National Foundation on the Arts and the Humanities Act of 1965”.[20 USC 954.](/us/usc/t20/s954)
(e)Section 711(f) of such Act is amended—[42 USC 4512.](/us/usc/t42/s4512)
(1)by striking out “sewage disposal” in the first and second sentences and inserting in lieu thereof “sewage or waste disposal”;
(2)by inserting “community or neighborhood central heating or air-conditioning systems,” after “storm drainage facilities,” in the first sentence; and
(3)by inserting “, a community or neighborhood central heating or air-conditioning system,” after “disposal installation” in the second sentence. expansion of experimental housing allowance program Sec. 804. Section 504 of the Housing and Urban Development Act of 1970 is amended to read as follows:[12 USC 1701z–3.](/us/usc/t12/s1701z–3) 88 Stat. 726 " “housing allowances “Sec. 504.
(a)The Secretary is authorized to undertake on an experimental basis programs to demonstrate the feasibility of providing housing allowance payments to assist families in meeting rental or homeownership expenses. “(b) For the purpose of carrying out this section, the Secretary is authorized to make, and to contract to make, housing allowance payments to or on behalf of participating families. No housing allowance Time limitation. Appropriation. payments shall be made after July 1, 1985. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, including such sums as may be necessary to make payments as provided for in contracts entered into under this section and such sums as may be necessary to cover administrative costs. The aggregate amount of contracts to make housing allowance payments shall not exceed amounts approved in appropriation Acts, and payments pursuant to such contracts shall not exceed $40,000,000 per annum. After January 1, 1975, the Secretary shall not enter into contracts under the United States Housing Act of 1937 to carry out the purposes *Ante,* p. 653.of this section. The Secretary may contract with public or private agencies for the performance of administrative functions in connection with the programs authorized by this section. “(c) The Secretary shall report to the Congress on his findings pursuant to this section not later than eighteen months after the enactment of the Housing and Community Development Act of 1974.” " federal home loan mortgage corporation amendments Sec. 805.
(a)Section 305(a)(1) of the Federal Home Loan Mortgage Corporation Act is amended—[12 USC 1454.](/us/usc/t12/s1454)
(1)by striking out “, and to hold” and inserting in lieu thereof the following: “. The Corporation may hold”; and
(2)by striking out the period after “therein” and inserting in lieu thereof the following: “, and the servicing on any such mortgage may be performed by the seller or by a financial institution qualified as a seller under the provisions of the preceding sentence, or by a mortgagee approved by the Secretary of Housing and Urban Development for participation in any mortgage insurance program under the National Housing Act, with which [12 USC 1701](/us/usc/t12/s1701) and note. institution or mortgagee the seller may contract.”
(b)Section 305(a)(2) of such Act is amended—
(1)by striking out “75 per centum” each place it appears in the first sentence and inserting in lieu thereof “80 per centum”;
(2)by striking out “private” in clause
(C)of the first sentence;
(3)by striking out “10 per centum” in the third sentence and inserting in lieu thereof “20 per centum”; and
(4)by striking out “which are comparable to the limitations which would be applicable if the mortgage were insured by the Secretary of Housing and Urban Development under section 203
(b)or 207 of the National Housing Act” in the fourth sentence [12 USC 1709, 1713.](/us/usc/t12/s1709/s1713) and inserting in lieu thereof the following: “, but such limitations shall not exceed the limitations contained in the first proviso to the first sentence of section 5(c) of the Home Owners’ Loan Act of 1933”.[12 USC 1464.](/us/usc/t12/s1464) (c)(1) Section 5136 of the Revised Statutes is amended by inserting [12 USC 24.](/us/usc/t12/s24) immediately after “Government National Mortgage Association” in paragraph Seventh thereof the following: “, or mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act”.*Supra.* 88 Stat. 727
(2)Section 11(h) of the Federal Home Loan Bank Act is amended [12 USC 1431.](/us/usc/t12/s1431) by inserting immediately after “Government National Mortgage Association” the following: “, in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act”.[12 USC 1454, 1455.](/us/usc/t12/s1454/s1455)
(3)Section 16 of the Federal Home Loan Bank Act is amended by [12 USC 1436.](/us/usc/t12/s1436) inserting immediately after “Government National Mortgage Association” the following: “, in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act”.
(4)Section 5(c) of the Home Owners’ Loan Act of 1933 is amended [12 USC 1464.](/us/usc/t12/s1464) by inserting immediately after “Federal Home Loan Bank” in the first paragraph the following: “, or in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or 306 of the Federal Home Loan Mortgage Corporation Act”.
(5)Section 107(8)(E) of the Federal Credit Union Act is amended [12 USC 1757.](/us/usc/t12/s1757) by inserting immediately after “Government National Mortgage Association” the following: “; or in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act;”. federal national mortgage association amendments Sec. 806.
(a)Section 302(a)(2) of the National Housing Act is [12 USC 1717.](/us/usc/t12/s1717) amended—
(1)by striking out “the effective date established pursuant to section 808 of the Housing and Urban Development Act of 1968” in the matter preceding subparagraph
(A)and inserting in lieu thereof “September 1, 1968”; and
(2)by striking out “effective” in subparagraphs
(A)and (B).
(b)The third sentence of section 302(a)(2)(B) of such Act is amended—
(1)by inserting “or the metropolitan area thereof” immediately after “District of Columbia”;
(2)by inserting “jurisdiction and” immediately before “venue”; and
(3)by striking out “resident thereof” and inserting in lieu thereof “District of Columbia corporation”.
(c)Section 302(b)(2) of such Act is amended by striking out “75 per centum” each place it appears and inserting in lieu thereof “80 per centum”.
(d)Clause
(C)of the second sentence of section 302(b)(2) of such Act is amended by striking out “private”.
(e)The fourth sentence of section 302(b)(2) of such Act is amended by striking out “10 per centum” and inserting in lieu thereof “20 per centum”.
(f)The last sentence of section 302(b)(2) of such Act is amended by striking out “which are comparable to the limitations which would be applicable if the mortgage were insured by the Secretary of Housing and Urban Development under section 203(b) or 207 of the National Housing Act” and inserting in lieu thereof the following: “, but such limitations shall not exceed the limitations contained in the first proviso of the first sentence of section 5(c) of the Home Owners Loan Act of 1933”.
(g)Section 303(a) of such Act is amended—[12 USC 1718.](/us/usc/t12/s1718) 88 Stat. 728
(1)by striking out all of the first sentence which follows “directors” and inserting in lieu thereof a period; and
(2)by striking out everything after the second sentence.
(h)Section 303(c) of such Act is amended—[12 USC 1718.](/us/usc/t12/s1718)
(1)by striking out “the effective date established pursuant to section 808 of the Housing and Urban Development Act of 1968” in the fourth sentence and inserting in lieu thereof “September 1, 1968,”; and
(2)by striking out the proviso in the last sentence.
(i)Subsections
(d)and
(e)of section 303 of such Act are repealed.Repeal.
(j)The last sentence of section 304(a)(1) of such Act is amended [12 USC 1719.](/us/usc/t12/s1719) [12 USC 1715z–8.](/us/usc/t12/s1715z–8) by striking out “section 502 of the Emergency Home Finance Act of 1970” and inserting in lieu thereof “section 243 of the National Housing Act”.
(k)Except with respect to any person receiving an annuity on the [12 USC 1723a](/us/usc/t12/s1723a) note. [12 USC 1723a.](/us/usc/t12/s1723a) date of the enactment of this Act, section 309(d)(2) of such Act is amended—
(1)by striking out “the termination of the transitional period referred to in section 810(b) of the Housing and Urban Development Act of 1968” and inserting in lieu thereof “January 31, 1972,”;
(2)by inserting “positions listed” immediately before “in section 5312”; and
(3)by inserting before the period at the end of the next to last sentence the following: “: *Provided*, That with respect to any person whose employment is made subject to the civil service retirement law by section 806 of the Housing and Community Development Act of 1974, there shall not be considered for the purposes of such law that portion of his basic pay in any one year which exceeds the basic pay provided for positions listed in section 5316 of such title 5 on the last day of such year”.
(l)Subsections
(b)and
(c)of section 810 of the Housing and Urban Repeal. [12 USC 1716b](/us/usc/t12/s1716b/note) note. Development Act of 1968 are repealed. limitation on dollar amount of gnma-purchased mortgages Sec. 807. Clause
(3)of the proviso in the first sentence of section [12 USC 1717.](/us/usc/t12/s1717) 302(b)(1) of the National Housing Act is amended by striking out “$22,000” and inserting in lieu thereof the following: “$33,000 (or such higher amount not in excess of $38,000 as the Secretary may by regulation specify in any geographical area where he finds that cost levels so require)”. prohibition against discrimination on account of sex in extension of mortgage assistance; fair housing Sec. 808.
(a)Title V of the National Housing Act is (as amended by sections 301 and 305 of this Act) is amended by adding at the end *Ante,* pp. 676, 678. thereof the following new section: " “prohibition against discrimination on account of sex in extension of mortgage assistance “Sec. 527. No federally related mortgage loan, or Federal insurance, [12 USC 1735f–5.](/us/usc/t12/s1735f–5) guaranty, or other assistance in connection therewith (under this or any other Act), shall be denied to any person on account of sex; and every person engaged in making mortgage loans secured by residential real property shall consider without prejudice the combined income of both husband and wife for the purpose of extending mort-88 Stat. 729gage credit in the form of a federally related mortgage loan to a married couple or either member thereof. “(b) For purposes of subsection (a), the term ‘federally related “Federally related mortgage loan.” mortgage loan’ means any loan which— “(1) is secured by residential real property designed principally for the occupancy of from one to four families; and “(2)(A) is made in whole or in part by any lender the deposits or accounts of which are insured by any agency of the Federal Government, or is made in whole or in part by any lender which is itself regulated by any agency of the Federal Government; or “(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the Secretary of Housing and Urban Development or any other officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency; or “(C) is eligible for purchase by the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or from any financial institution from which it could be purchased by the Federal Home Loan Mortgage Corporation; or “(D) is made in whole or in part by any ‘creditor’, as defined in section 103(f) of the Consumer Credit Protection Act of 1968 (15 U.S.C. 1602(f)), who makes or invests in residential real estate loans aggregating more than $1,000,000 per year.”" (b)(1) Subsections (a), (b), (c), (d), and
(e)of section 804 of the Act entitled “An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes”, approved April 11, 1968 (42 U.S.C. 3604), are amended by inserting a comma and the word “sex” immediately after the word “religion” each time it appears.
(2)Section 805 of such Act is amended by inserting a comma and [42 USC 3605.](/us/usc/t42/s3605) the word “sex” immediately after the word “religion”.
(3)Section 806 of such Act is amended by inserting a comma and [42 USC 3606.](/us/usc/t42/s3606) the word “sex” immediately after the word “religion”.
(4)Subsection (a), paragraph
(1)of subsection (b), and subsection
(c)of section 901 of such Act are amended by inserting a comma [42 USC 3631.](/us/usc/t42/s3631) and the word “sex” immediately after the word “religion” each time it appears. national institute of building sciences Sec. 809. (a)(1) The Congress finds
(A)that the lack of an [12 USC 1701j–2.](/us/usc/t12/s1701j–2) authoritative national source to make findings and to advise both the public and private sectors of the economy with respect to the use of building science and technology in achieving nationally acceptable standards and other technical provision for use in Federal, State, and local housing and building regulations is an obstacle to efforts by and imposes severe burdens upon all those who procure, design, construct, use, operate, maintain, and retire physical facilities, and frequently results in the failure to take full advantage of new and useful developments in technology which could improve our living environment;(B) that the establishment of model buildings codes or of a single national building code will not completely resolve the problem because of the difficulty at all levels of government in updating their housing and building regulations to reflect new developments in technology, as well as the irregularities and inconsistencies which arise in applying such requirements to particular localities or special local conditions;
(C)that the lack of uniform housing and building regulatory provisions increases the costs of construction and thereby reduces the amount 88 Stat. 730 of housing and other community facilities which can be provided; and
(D)that the existence of a single authoritative nationally recognized institution to provide for the evaluation of new technology could facilitate introduction of such innovations and their acceptance at the Federal, State, and local levels.
(2)The Congress further finds, however, that while an authoritative source of technical findings is needed, various private organizations and institutions, private industry, labor, and Federal and other governmental agencies and entities are presently engaged in building research, technology development, testing, and evaluation, standards and model code development and promulgation, and information dissemination. These existing activities should be encouraged and these capabilities effectively utilized wherever possible and appropriate to the purposes of this section.
(3)The Congress declares that an authoritative nongovernmental instrument needs to be created to address the problems and issues described in paragraph (1), that the creation of such an instrument should be initiated by the Government, with the advice and assistance of the National Academy of Sciences-National Academy of Engineering-National Research Council (hereinafter referred to as the “Academies-Research Council”) and of the various sectors of the building community, including labor and management, technical experts in building science and technology, and the various levels of government. (b)(1) There is authorized to be established, for the purposes National Institute of Building Sciences. Establishment. described in subsection (a)(3), an appropriate nonprofit, nongovernmental instrument to be known as the National Institute of Building Sciences (hereinafter referred to as the “Institute”), which shall not be an agency or establishment of the United States Government. The Institute shall be subject to the provisions of this section and, to the extent consistent with this section, to a charter of the Congress if such a charter is requested and issued or to the District of Columbia Non-profit Corporation Act if that is deemed preferable.[D.C. Code 29–1001.](/us/dcc/29/1001)
(2)The Academies-Research Council, along with other agencies and organizations which are knowledgeable in the field of building technology, shall advise and assist in
(A)the establishment of the Institute;
(B)the development of an organizational framework to encourage and provide for the maximum feasible participation of public and private scientific, technical, and financial organizations, institutions, and agencies now engaged in activities pertinent to the development, promulgation, and maintenance of performance criteria, standards, and other technical provisions for building codes and other regulations; and
(C)the promulgation of appropriate organizational rules and procedures including those for the selection and operation of a technical staff, such rules and procedures to be based upon the primary object of promoting the public interest and insuring that the widest possible variety of interests and experience essential to the functions of the Institute are represented in the Institute’s operations. Recommendations of the Academies-Research Council shall be based upon consultations with and recommendations from various private organizations and institutions, labor, private industry, and governmental agencies entities operating in the field, and the Consultative Council as provided for under subsection (c)(8).
(3)Nothing in this section shall be construed as expressing the intent of the Congress that the Academies-Research Council itself be required to assume any function or operation vested in the Institute by or under this section. (c)(1) The Institute shall have a Board of Directors (hereinafter Board of Directors. referred to as the “Board”) consisting of not less than fifteen nor more than twenty-one members, appointed by the President of the United 88 Stat. 731 States by and with the advice and consent of the Senate. The Board shall be representative of the various segments of the building community, of the various regions of the country, and of the consumers who are or would be affected by actions taken in the exercise of the functions and responsibilities of the Institute, and shall include
(A)representatives of the construction industry, including representatives of construction labor organizations, product manufacturers, and builders, housing management experts, and experts in building standards, codes, and fire safety, and
(B)members representative of the public interest in such numbers as may be necessary to assure that a majority of the members of the Board represent the public interest and that there is adequate consideration by the Institute of consumer interests in the exercise of its functions and responsibilities. Those representing the public interest on the Board shall include architects, professional engineers, officials of Federal, State, and local agencies, and representatives of consumer organizations. Such members of the Board shall hold no financial interest or membership in, nor be employed by, or receive other compensation from, any company, association, or other group associated with the manufacture, distribution, installation, or maintenance of specialized building products, equipment, systems, subsystems, or other construction materials and techniques for which there are available substitutes.
(2)The members of the initial Board shall serve as incorporators and shall take whatever actions are necessary to establish the Institute as provided for under subsection (b)(1).
(3)The term of office of each member of the initial and succeeding Term of office. Boards shall be three years; except that
(A)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
(B)the terms of office of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their 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. No member shall be eligible to serve in excess of three consecutive terms of three years each. Notwithstanding the preceding provisions of this subsection, a member whose term has expired may serve until his successor has qualified.
(4)Any vacancy in the initial and succeeding Boards shall not Vacancies. affect its power, but shall be filled in the manner in which the original appointments were made, or, after the first five years of operation, as provided for by the organizational rules and procedures of the Institute.
(5)The President shall designate one of the members appointed to Chairman. the initial Board as Chairman; thereafter, the members of the initial and succeeding Boards shall annually elect one of their number as Chairman. The members of the Board shall also elect one or more of their Members as Vice Chairman. Terms of the Chairman and Vice Chairman shall be for one year and no individual shall serve as Chairman or Vice Chairman for more than two consecutive terms.
(6)The members of the initial or succeeding Boards shall not, by Compensation and travel expenses. reason of such membership, be deemed to be employees of the United States Government. They shall, while attending meetings of the Board or while engaged in duties related to such meetings or in other activities of the Board pursuant to this section, be entitled to receive compensation at the rate of $100 per day including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, equal to that authorized under section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. 88 Stat. 732
(7)The Institute shall have a president and such other executive officers and employees as may be appointed by the Board at rates of compensation fixed by the Board. No such executive officer or employee may receive any salary or other compensation from any source other than the Institute during the period of his employment by the Institute.
(8)The Institute shall establish, with the advice and assistance of Consultative Council. Establishment. the Academies-Research Council and other agencies and organizations which are knowledgeable in the field of building technology, a Consultative Council, membership in which shall be available to representatives of all appropriate private trade, professional, and labor organizations, private and public standards, code, and testing bodies, public regulatory agencies, and consumer groups, so as to insure a direct line of communication between such groups and the Institute and a vehicle for representative hearings on matters before the Institute. (d)(1) The Institute shall have no power to issue any shares of stock, or to declare or pay any dividends.
(2)No part of the income or assets of the Institute shall inure to the benefit of any director, officer, employee, or other individual except as salary or reasonable compensation for services.
(3)The Institute shall not contribute to or otherwise support any political party or candidate for elective public office. (e)(1) The Institute shall exercise its functions and responsibilities in four general areas, relating to building regulations, as follows:
(A)Development, promulgation, and maintenance of nationally recognized performance criteria, standards, and other technical provisions for maintenance of life, safety, health, and public welfare suitable for adoption by building regulating jurisdictions and agencies, including test methods and other evaluative techniques relating to building systems, subsystems, components, products, and materials with due regard for consumer problems.
(B)Evaluation and prequalification of existing and new building technology in accordance with subparagraph (A).
(C)Conduct of needed investigations in direct support of subparagraphs
(A)and (B).
(D)Assembly, storage, and dissemination of technical data and other information directly related to subparagraphs (A), (B), and (C).
(2)The Institute in exercising its functions and responsibilities described in paragraph
(1)shall assign and delegate, to the maximum extent possible, responsibility for conducting each of the needed activities described in paragraph
(1)to one or more of the private organizations, institutions, agencies, and Federal and other governmental entities with a capacity to exercise or contribute to the exercise of such responsibility, monitor the performance achieved through assignment and delegation, and, when deemed necessary, reassign and delegate such responsibility.
(3)The Institute in exercising its functions and responsibilities under paragraphs
(1)and
(2)shall
(A)give particular attention to the development of methods for encouraging all sectors of the economy to cooperate with the Institute and to accept and use its technical findings, and to accept and use the nationally recognized performance criteria, standards, and other technical provisions developed for use in Federal, State, and local building codes and other regulations which result from the program of the Institute;
(B)seek to assure that its actions are coordinated with related requirements which are imposed in connection with community and environmental development generally; and
(C)consult with the Department of Justice and other agen-88 Stat. 733cies of government to the extent necessary to insure that the national interest is protected and promoted in the exercise of its functions and responsibilities. (f)(1) The Institute is authorized to accept contracts and grants Contracts and grants. from Federal, State, and local governmental agencies and other entities, and grants and donations from private organizations, institutions, and individuals.
(2)The Institute may, in accordance with rates and schedules established Fees. with guidance as provided under subsection (b)(2), establish fees and other charges for services provided by the Institute or under its authorization.
(3)Amounts received by the Institute under this section shall be in addition to any amounts which may be appropriated to provide its initial operating capital under subsection (h). (g)(1) Every department, agency, and establishment of the Federal Government, in carrying out any building or construction, or any building- or construction-related programs, which involves direct expenditures, and in developing technical requirements for any such building or construction, shall be encouraged to accept the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute, which may be applicable.
(2)All projects and programs involving Federal assistance in the form of loans, grants, guarantees, insurance, or technical aid, or in any other form, shall be encouraged to accept, use, and comply with any of the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building codes and other regulations brought about by the Institute, which may be applicable to the purposes for which the assistance is to be used.
(3)Every department, agency, and establishment of the Federal Government having responsibility for building or construction, or for building- or construction-related programs, is authorized and encouraged to request authorization and appropriations for grants to the Institute for its general support, and is authorized to contract with and accept contracts from the Institute for specific services where deemed appropriate by the responsible Federal official involved.
(4)The Institute shall establish and carry on a specific and continuing program of cooperation with the States and their political subdivisions designed to encourage their acceptance and its technical findings and of nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute. Such program shall include
(A)efforts to encourage any changes in existing State and local law to utilize or embody such findings and regulatory provisions; and
(B)assistance to States in the development of inservice training programs for building officials, and in the establishment of fully staffed and qualified State technical agencies to advise local officials on questions of technical interpretation.
(h)There is authorized to be appropriated to the Institute not to Appropriation. exceed $5,000,000 for the fiscal year 1975, and $5,000,000 for the fiscal year 1976 (with each appropriation to be available until expended), to provide the Institute with initial capital adequate for the exercise of its functions and responsibilities during such years; and thereafter the Institute shall be financially self-sustaining through the means described in subsection (f).
(i)The Institute shall submit an annual report for the preceding Annual report to President. fiscal year to the President for transmittal to the Congress within sixty days of its receipt. The report shall include a comprehensive and detailed report of the Institute’s operations, activities, financial con-88 Stat. 734dition, and accomplishments under this section and may include such recommendations as the Institute deems appropriate. urban homesteading Sec. 810.
(a)Notwithstanding any other provision of law, the Secretary [12 USC 1706e.](/us/usc/t12/s1706e) of Housing and Urban Development (hereinafter referred to as the “Secretary”) is authorized to transfer without payment to a unit of general local government or a State, or a public agency designated by a unit of general local government or a State, any real property—
(1)which is improved by a one- to four-family residence;
(2)to which the Secretary holds title;
(3)which is not occupied;
(4)which is requested by such unit, State, or agency for use in an urban homestead program; and
(5)which the Secretary determines is suitable for use in an urban homestead program which meets the requirements of subsection (b). In determining the suitability of such property for use in an urban homestead program, the Secretary shall consider—
(A)the difficulties and delays which would be involved in the sale of the property;
(B)the value of any repairs and improvements required by the program;
(C)the benefits to the community and the reduced administrative costs to the Federal Government which would accrue from the expedited occupancy of the unoccupied property; and
(D)the possible financial loss to the Federal Government which may result from the transfer of the property without payment.
(b)For the purposes of subsections
(a)and (c), the Secretary shall approve an urban homestead program carried out by a unit of general local government or a State or a public agency designated by a unit of general local government or a State, which provides for—
(1)the conditional conveyance of unoccupied residential property by the responsible administrative entity to an individual or a family without any substantial consideration;
(2)an equitable procedure for selecting the recipients of the unoccupied residential property, giving special consideration to the recipients’ need for housing and capacity to make or cause to be made the repairs and improvements required under paragraph (3)(C) of this subsection;
(3)an agreement whereby the individual or family to whom such property is conveyed agrees to—
(A)occupy such property as a principal residence for a period of not less than three years;
(B)make repairs required to meet minimum health and safety standards for occupancy prior to occupying the property;
(C)make such repairs and improvements to the property as may be necessary to meet applicable local standards for decent, safe, and sanitary housing within eighteen months after occupying the property; and
(D)permit reasonable periodic inspections at reasonable times by employees of the unit of general local government or State or the public agency designated by the unit of general local government or State for the purpose of determining compliance with the agreement;
(4)the revocation of such conveyance upon any material breach of the agreement referred to in paragraph (3); 88 Stat. 735
(5)the conveyance from the unit of general local government or State or the public agency designated by the unit of general local government or State of fee simple title to such property without consideration upon compliance with the agreement; and
(6)a coordinated approach toward neighborhood improvement through the homestead program and the upgrading of community services and facilities. The Secretary may approve such other programs as he determines to reasonably fulfill these criteria.
(c)The Secretary is authorized to enter into agreements with units of general local government or States or public agencies designated by units of general local government or State to provide technical assistance for the administration of urban homestead programs which meet the requirements of subsection
(b)and to individuals and families who are participants in such programs.
(d)The Secretary is authorized to issue such rules and regulations Rules and regulations. as may be necessary to carry out his functions under this section.
(e)The Secretary shall conduct a continuing evaluation of programs Continuing evaluation. carried out pursuant to this section and, beginning with the third year commencing after the date of enactment of this section, shall transmit Report, transmittal to Congress. to the Congress an annual report containing a summary of his evaluation of such programs and his recommendations for future conduct of such programs.
(f)In order to facilitate planning for purposes of this section, the Secretary shall, upon request of a unit of general local government or a State or a public agency designated by a unit of general local government or a State, provide a listing of all unoccupied one- to four-family residences to which the Secretary holds title and which are located within the geographic jurisdiction of such unit, State, or agency.
(g)To reimburse the housing loan funds for properties transferred Appropriation. pursuant to this section, and to carry out the provisions of subsection (c), there are authorized to be appropriated not to exceed $5,000,000 for the fiscal year 1975, and not to exceed $5,000,000 for the fiscal year 1976. Any amounts so appropriated shall remain available until expended. counseling and technical assistance Sec. 811.
(a)Section 106 of the Housing and Urban Development Act of 1968 is amended by rewriting the heading to read as follows:[12 USC 1701x.](/us/usc/t12/s1701x) “Technical Assistance, Counseling to Tenants and Homeowners, and Loans to Sponsors of Low- and moderate-income Housing”. (b)(1) Section 106(a)(1)(iii) of such Act is amended to read as follows: " “(iii) counseling and advice to tenants and homeowners with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and in meeting the responsibilities of tenancy or homeownership; and”. "
(2)Section 106(a) of such Act is amended by redesignating paragraph
(2)as paragraph
(3)and inserting immediately after paragraph
(1)the following new paragraph: " “(2) The Secretary shall provide the services described in clause
(iii)of paragraph
(1)for homeowners assisted under section 235 of the National Housing Act. For purposes of this paragraph and clause [12 USC 1715z.](/us/usc/t12/s1715z)
(iii)of paragraph (1), the Secretary may provide the services described in such clause directly or may enter into contracts with, make grants to, and provide other types of assistance to private or public organizations with special competence and knowledge in counseling low- and moderate-income families to provide such services.” " 88 Stat. 736
(c)Section 106(a)(1) of such Act is further amended by adding *Ante,* p. 735. at the end thereof the following new subparagraph: " “(iv) the provision of technical assistance to communities, particularly smaller communities, to assist such communities in planning, developing, and administering Community Development Programs pursuant to title I of the Housing and Community Development Act of 1974.”*Ante,* p. 633. "
(d)Section 106(a)(3) of such Act (as redesignated by subsection (b)(2) of this section) is amended by striking out “not to exceed $5,000,000” and inserting in lieu thereof “such sums as may be necessary”.
(e)Section 106(b)(1) of such Act is amended by inserting “or public housing agencies” immediately after “nonprofit organizations”.
(f)Section 106(b)(2) of such Act is amended by inserting “or public housing agency” immediately after “nonprofit organization”. interstate land sales Sec. 812.
(a)Section 1402 of the Housing and Urban Development [15 USC 1701.](/us/usc/t15/s1701) Act of 1968 is amended—
(1)by inserting after “land” where it first appears in paragraph
(3)the following: “, located in any State or in a foreign country,”; and
(2)by inserting before the semicolon at the end of paragraph
(7)the following: “or between any foreign country and any State”.
(b)Section 1403(a) of such Act is amended by striking out “or” [15 USC 1702.](/us/usc/t15/s1702) at the end of paragraph (9), by striking out the period at the end of paragraph
(10)and inserting in lieu thereof “; or”, and by adding after paragraph
(10)the following new paragraph: " “(11) the sale or lease of real estate which is zoned by the appropriate Real estate, sale or lease. governmental authority for industrial or commercial development, when— “(A) local authorities have approved access from such real estate to a public street or highway; “(B) the purchaser or lessee of such real estate is a duly organized corporation, partnership, trust, or business entity engaged in commercial or industrial business; “(C) the purchaser or lessee of such real estate is represented in the transaction of sale or lease by a representative of its own selection; “(D) the purchaser or lessee of such real estate affirms in writing to the seller that it either
(i)is purchasing or leasing such real estate substantially for its own use or
(ii)has a binding commitment to sell, lease, or sublease such real estate to an entity which meets the requirements of subparagraph (B), is engaged in commercial or industrial business, and is not affiliated with the seller or agent; and “(E) a policy of title insurance or title opinion is issued in connection with the transaction showing that title to the real estate purchased or leased is vested in the seller or lessor, subject only to such exceptions as may be approved in writing by such purchaser or the lessee prior to recordation of the instrument of conveyance or execution of the lease, but
(i)nothing herein shall be construed as requiring the recordation of a lease, and
(ii)any purchaser or lessee may waive, in Waiver. writing in a separate document, the requirement of this subparagraph that a policy of title insurance or title opinion be issued in connection with the transaction.” " 88 Stat. 737 (c)(1) The second sentence of section 1404(b) of such Act is [15 USC 1703.](/us/usc/t15/s1703) amended—
(A)by striking out “within forty-eight hours” where it first appears and inserting in lieu thereof “until midnight of the third business day following the consummation of the transaction”; and
(B)by striking out all after “provide” and inserting in lieu thereof a period.
(2)The amendments made by paragraph
(1)shall be effective sixty Effective date. [15 USC 1703](/us/usc/t15/s1703) note. days after the date of the enactment of this Act. mass transportation Sec. 813.
(a)Section 3 of the Urban Mass Transportation Act [49 USC 1602.](/us/usc/t49/s1602) of 1964 is amended by adding at the end thereof the following new subsection: " “(f) No Federal financial assistance under this Act may be provided for the purchase of buses unless the applicant or any public body receiving such assistance for the purchase of buses, or any publicly owned operator receiving such assistance, shall as a condition of such assistance enter into an agreement with the Secretary that such public body, or any operator of mass transportation for such public body, will not engage in charter bus operations outside the urban area within which it provides regularly scheduled mass transportation service, except as provided in the agreement authorized by this subsection. Such agreement shall provide for fair and equitable arrangements, appropriate in the judgment of the Secretary, to assure that the financial assistance granted under this Act will not enable public bodies and publicly and privately owned operators for public bodies to foreclose private operators from the intercity charter bus industry where such private operators are willing and able to provide such service. In addition to any other remedies specified in the agreement, the Secretary shall have the authority to bar a grantee or operator from the receipt of further financial assistance for mass transportation facilities and equipment where he determines that there has been a continuing pattern of violations of the terms of agreement. Upon receiving a complaint regarding an alleged violation, the Secretary shall investigate and shall determine whether a violation has occurred. Upon determination that a violation has occurred, he shall take appropriate action to correct the violation under the terms and conditions of the agreement.”. "
(b)Section 164(a) of the Federal-Aid Highway Act of 1973 is [49 USC 1602a.](/us/usc/t49/s1602a) amended—
(1)by inserting “or” before “(2)” in the first sentence;
(2)by striking out “or
(3)the Urban Mass Transportation Act of 1964,” in the first sentence; and
(3)by striking out all after the word “operations” in the first sentence and all of the second sentence, and inserting in lieu thereof “outside of the urban area (or areas) within which it provides regularly scheduled mass transportation service, except as provided in an agreement authorized and required by section 3(f) of the Urban Mass Transportation Act of 1964, which section shall apply to Federal financial assistance for the purchase of buses under the provisions of title 23, United States Code, referred [23 USC 101](/us/usc/t23/s101) *et seq.* to in clauses
(1)and
(2)of this sentence.”
(c)The Secretary shall amend any agreements entered into pursuant [49 USC 1602a](/us/usc/t49/s1602a) note. to section 164(a) of the Federal-Aid Highway Act of 1973, to conform to the requirements of the amendments made by this section. The effective date of such conformed agreements shall be the effective date of the original agreements entered into pursuant to such section 164(a). 88 Stat. 738 solar energy Sec. 814. Title V of the Housing and Urban Development Act of 1970 is amended by adding at the end thereof the following new [12 USC 1701z–1.](/us/usc/t12/s1701z–1) section: " “solar energy “Sec. 506.
(a)In carrying out activities under section 501, the Secretary Demonstrations. [12 USC 1701z–5.](/us/usc/t12/s1701z–5) may, after consultation with the National Science Foundation, undertake demonstrations to determine the economic and technical feasibility of utilizing solar energy for heating or cooling residential housing (including demonstrations of new housing design or structure involving the use of solar energy). Demonstrations carried out under this section should involve both single family and multifamily housing located in areas having distinguishable climatic characteristics in urban as well as rural environments. To carry out the purpose of this section the Secretary is authorized— “(1) to enter into contracts with, to make grants to, and to provide other types of assistance to individuals and entities with special competence and knowledge to contribute to the planning, design, development, and operation of such housing; “(2) to utilize the contract, loan, or mortgage insurance authority of any federally assisted housing program in the actual planning, development, and occupancy of such housing; and “(3) to set aside any development, construction, design, or occupancy requirements for the purpose of any demonstration under this section if he determines that such requirements inhibit such demonstration. “(b) The Secretary shall include in any demonstration under this Evaluation. section an evaluation of the demonstration to cover the full experience involved in all stages of the demonstration. “(c) The Secretary shall transmit to the Congress not later than Report to Congress. 6 months following the close of any year in which he carries out a demonstration under this section a full report on such demonstration. Such report may include an evaluation of the economic and technological feasibility of the widespread application of solar energy to residential housing.” " additional research authority Sec. 815. Title V of the Housing and Urban Development Act of 1970 (as amended by section 814 of this Act) is amended by adding at the end thereof the following new section: " “additional research authority “Sec. 507.
(a)In carrying out activities under section 501, the Secretary [12 USC 1701z–6.](/us/usc/t12/s1701z–6) may undertake special demonstrations to determine the housing design, the housing structure, and the housing-related facilities, and amenities most effective or appropriate to meet the needs of groups with special housing needs including the elderly, the handicapped, the displaced, single individuals, broken families, and large households. For this purpose, the Secretary is authorized to enter into contracts with, to make grants to, and to provide other types of assistance to individuals and entities with special competence and knowledge to contribute to the planning, development, design, and management of such housing. “(b) In carrying out his functions under this section, the Secretary shall give preferential attention to demonstrations which in his judgment involve areas of housing user needs most neglected in past and current research and demonstration efforts. 88 Stat. 739 “(c) The Secretary is authorized to undertake demonstrations involving the actual planning, development, and occupancy of housing utilizing the contract and loan authority of any federally assisted housing program. He is also authorized to set aside any development, construction, design, and occupancy requirements, for the purposes of these demonstrations, if in his judgment they inhibit the testing of housing designed to meet the special housing needs. “(d) In carrying out this section, the Secretary shall include, as Evaluation. part of any demonstration, an evaluation of the demonstration to cover the full experience involved in planning, development, and occupancy. “(e) In addition to any other contract or loan authority which the Secretary may utilize under subsection (c), not more than $10,000,000 from amounts approved in appropriation Acts shall be available for research under this section.” " flood insurance program Sec. 816.
(a)Chapter III of title XIII of the Housing and Urban [42 USC 4101.](/us/usc/t42/s4101) Development Act of 1968 is amended by adding at the end thereof the following new section: " “notice of flood hazards “Sec. 1364. Each Federal instrumentality responsible for the supervision, [42 USC 4104a.](/us/usc/t42/s4104a) approval, regulation, or insuring of banks, savings and loan associations, or similar institutions shall by regulation require such institutions, as a condition of making, increasing, extending, or renewing (after the expiration of thirty days following the date of the enactment of this section) any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Secretary under this title or Public Law 93–234 as an area [42 USC 4002](/us/usc/t42/s4002) note. having special flood hazards, to notify the purchaser or lessee (or obtain satisfactory assurances that the seller or lessor has notified the purchaser or lessee) of such special flood hazards, in writing, a reasonable period in advance of the signing of the purchase agreement, lease, or other documents involved in the transaction.”"
(b)Section 1307 of such Act is amended by adding at the end thereof [42 USC 4014.](/us/usc/t42/s4014) the following new subsection: " “(e) Notwithstanding any other provision of law, any community Flood Insurance, eligibility. that has made adequate progress, acceptable to the Secretary, on the construction of a flood protection system which will afford flood protection for the one-hundred year frequency flood as determined by the Secretary, shall be eligible for flood insurance under this title (if and to the extent it is eligible for such insurance under the other provisions of this title) at premium rates not exceeding those which would be applicable under this section if such flood protection system had been completed. The Secretary shall find that adequate progress on the construction of a flood protection system as required herein has been only if
(1)100 percent of the project cost of the system has been authorized,
(2)at least 60 percent of the project cost of the system has been appropriated,
(3)at least 50 percent of the project cost of the system has been expended, and
(4)the system is at least 50 percent completed.” " limitation on withholding or conditioning of assistance Sec. 817. Assistance provided for in this Act, the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, [12 USC 1701.](/us/usc/t12/s1701) *Ante,* p. 653. [42 USC 1441 note, 3301](/us/usc/t42/s1441/s3301) note. the Demonstration Cities and Metropolitan Development Act of 1966, and the Housing and Urban Development Acts of 1965, 1968, 1969, 88 Stat. 740 and 1970 shall not be withheld or made subject to conditions or preference [12 USC 1749aa note, 1701t note, 1720 note, 1701s](/us/usc/t12/s1749aa/s1701t/s1720/s1701s) note. by reason of the tax-exempt status of bonds or other obligations issued or to be issued to provide financing for use in connection with such assistance, except where otherwise expressly provided or authorized by law. additional assistant secretaries of housing and urban development Sec. 818.
(a)Section 4 of the Department of Housing and Urban Development Act (Public Law 89–174, 79 Stat. 667) is amended—[42 USC 3533.](/us/usc/t42/s3533)
(1)by striking out “six” in the first sentence of subsection
(a)and inserting in lieu thereof “eight”;
(2)by striking out subsection (b); and
(3)by redesignating subsections
(c)and
(d)as subsections
(b)and (c), respectively,
(b)Section 5316 of title 5, United States Code, is amended by striking out paragraph (122).
(c)Paragraph
(87)of section 5315 of title 5, United States Code, is amended by striking out “(6)” and inserting in lieu thereof “(8)”. mortgage proceeds fraudulently misappropriated by mortgagor Sec. 819. The Secretary of Housing and Urban Development shall [12 USC 1701*l*–1.](/us/usc/t12/s1701l–1) take action to secure the payment of any deficiency after foreclosure on a mortgage insured or assisted under Federal law where the Secretary has reason to believe that mortgage proceeds have been fraudulently misappropriated by the mortgagor. neighborhood development program Sec. 820. Notwithstanding the provisions of section 133(b) of the Housing Act of 1949 or of any other law, local expenditures made in [42 USC 1469b.](/us/usc/t42/s1469b) connection with the Broad and Front Street Garage in Trenton, New Jersey, shall, to the extent otherwise eligible, be counted as a local grant-in-aid to the first two action years of the Trenton Neighborhood Development Program (N.J. A–1) in accordance with the provisions of title I of the Housing Act of 1949.[42 USC 1450.](/us/usc/t42/s1450) condominium and cooperative study Sec. 821. The Secretary of Housing and Urban Development is [42 USC 3532](/us/usc/t42/s3532) note. authorized and directed to conduct a full and complete investigation and study, and report to Congress not later than one year after the Report to Congress. date of enactment of this Act, with respect to condominiums and cooperatives, and the problems, difficulties, and abuses or potential abuses applicable to condominium and cooperative housing. direct financing study Sec. 822. The Secretary of Housing and Urban Development and the Secretary of the Treasury shall study the feasibility of financing the programs authorized under section 236 of the National Housing Act and section 802 of this Act through various financing methods, [12 USC 1715z–1](/us/usc/t12/s1715z–1) note. including direct loans from the Federal Financing Bank, with a view to determining whether there is any such method that would result in net savings to the Federal Government (after taking into account the direct and indirect effects of such method). The Secretary of Report to Congress. Housing and Urban Development and the Secretary of the Treasury 88 Stat. 741 shall transmit to the Congress a report on the study required by this section not later than one year after the date of enactment of this Act. Approved August 22, 1974. Public Law 93–384: To authorize the erection of a monument to the dead of the First Infantry Division, United States Forces in Vietnam. Public Law 384 Public Law 93–384 1974-08-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–384 JOINT RESOLUTION To authorize the erection of a monument to the dead of the First Infantry Division, United States Forces in Vietnam.August 23, 1974 [[S. J. Res. 66](/us/bill/93/sjres/66)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Society of the First First Infantry Division, United States Forces in Vietnam. Monument. Infantry Division—First Division Memorial Committee is authorized to erect (at no cost to the United States or the District of Columbia) a monument to the dead of the First Infantry Division, United States Forces in Vietnam, on the public grounds of the United States in the District of Columbia previously set aside for memorial purposes of the First Infantry Division, adjacent to the monument to the dead of the First Infantry Division, American Expeditionary Forces in World War I, and adjacent to the monument to the dead of the First Infantry Division, United States Forces in World War II. Sec. 2. The design and plans for such monument shall be subject to Design. the approval of the Secretary of the Interior, the National Commission of Fine Arts, and the National Capital Planning Commission. Sec. 3. The Secretary of the Interior shall be responsible for the Maintenance. maintenance and care of any such monument, in accordance with the provisions of the Act entitled “An Act to establish a National Park [16 USC 1.](/us/usc/t16/s1) Service, and for other purposes”, approved August 25, 1916, and the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935.[16 USC 461.](/us/usc/t16/s461) Approved August 23, 1974. Public Law 93–385: To amend the Public Health Service Act to extend through fiscal year 1975 the scholarship program for the National Health Service Corps and the loan program for health professions students. Public Law 385 Public Law 93–385 1974-08-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–385 AN ACT To amend the Public Health Service Act to extend through fiscal year 1975 the scholarship program for the National Health Service Corps and the loan program for health professions students. August 23, 1974 [[S. 3782](/us/bill/93/s/3782)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That section 225(i) Health services. Scholarship and student loan programs, extension. of the Public Health Service Act is amended by inserting before the period “, and $40,000,000 for the fiscal year ending June 30, 1975”. Sec. 2.
(a)Section 742(a) of the Public Health Service Act is [42 USC 234.](/us/usc/t42/s234) [42 USC 294b.](/us/usc/t42/s294b) amended by striking out “and” after “1973,” and by inserting after “1974” the following: “, and $60,000,000 for the fiscal year ending June 30, 1975”.
(b)Section 740(b)(4) of such Act is amended by striking out [42 USC 294.](/us/usc/t42/s294) “1974” and inserting in lieu thereof “1975”. Sec. 3.
(a)Section 824 of the Public Health Service Act is [42 USC 297c.](/us/usc/t42/s297c) amended—
(1)by striking out “and” after “1973,”; and
(2)by inserting after “1974,” the first time it appears the following: “and $35,000,000 for the fiscal year ending June 30, 1975,”.
(b)Section 822(b)(4) of such Act is amended by striking out [42 USC 297a.](/us/usc/t42/s297a) “1974” and inserting in lieu thereof “1975”. Approved August 23, 1974. Public Law 93–386: To clarify the authority of the Small Business Administration, to increase the authority of the Small Business Administration, and for other purposes. Public Law 386 Public Law 93–386 88 Stat. 742 1974-08-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public
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statutes-at-large
- /statutes-at-large/vol-88/public-law-93-380Public Law 93–380
- To amend the Education of the Handicapped Act to provide educational assistance to all handicapped children, and for other purposesPublic Law 94–142
- To amend title 5, United States Code, to grant court leave to Federal employees when called as witnesses in certain judicial proceedings, and for other purposesPublic Law 94–310
- /statutes-at-large/vol-86/public-law-92-312Public Law 92–312
- /statutes-at-large/vol-53/public-law-158Public Law 158
- Making appropriations for the Department of Housing and Urban Development, and for sundry Independent executive agencies, boards, bureaus, commissions, corporations, and offices for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposesPublic Law 94–116
- /statutes-at-large/vol-79/public-law-89-174Public Law 89–174
- /statutes-at-large/vol-88/public-law-93-386Public Law 93–386
U.S. Code
- Repealed. Pub. L. 95–561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200§ 241c
- Purpose§ 601
- Short title; applicability; definitions§ 1221
- Omitted§ 841
- Omitted§ 880b
- Transferred§ 452
- Availability of appropriations on academic or school-year basis; additional period for obligation of funds§ 1225
- Repealed. Pub. L. 103–227, title IX, § 911(a), Mar. 31, 1994, 108 Stat. 213§ 1221e
- Transferred§ 881
- Repealed. Pub. L. 93–380, title IV, § 402(c)(3), Aug. 21, 1974, 88 Stat. 546§ 887b
- Transferred§ 887e
- Congressional declaration of policy§ 1701
- Congressional findings§ 1702
- Denial of equal educational opportunity prohibited§ 1703
- Balance not required§ 1704
- Assignment on neighborhood basis not a denial of equal educational opportunity§ 1705
- Civil actions by individuals denied equal educational opportunities or by Attorney General§ 1706
- Population changes without effect, per se, on school population changes§ 1707
- Jurisdiction of district courts§ 1708
- Intervention by Attorney General§ 1709
- Civil actions by Attorney General; notice of violations; certification respecting undertaking appropriate remedial action§ 1710
- Formulating remedies; applicability§ 1712
- Priority of remedies§ 1713
- Transportation of students§ 1714
- District lines§ 1715
- Voluntary adoption of remedies§ 1716
- Reopening proceedings§ 1717
- Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin§ 2000d
- Limitation on court orders; termination of orders conditioned upon compliance with fifth and fourteenth amendments; statement of basis for termination orders; stay of termination orders§ 1718
- Definitions§ 1720
- Definitions§ 2000c
- Separability§ 1721
- Prohibition against assignment or transportation of students to overcome racial imbalance§ 1751
- Repealed. Pub. L. 116–260, div. H, title III, § 314(a), Dec. 27, 2020, 134 Stat. 1610§ 1228
- Appeals from Federal district court transfer or transportation orders affecting school attendance areas and achieving balancing of students; postponement of Federal court orders pending exercise of appellate remedy; expiration of section§ 1752
- Uniform rules of evidence requirement§ 1753
- Provisions respecting transportation of pupils to achieve racial balance and judicial power to insure compliance with constitutional standards applicable to the entire United States§ 1754
- Additional priority of remedies after finding of de jure segregation§ 1755
- Remedies with respect to school district lines§ 1756
- Prohibition of forced busing during school year§ 1757
- Reasonable time for developing voluntary school desegregation plans following detailed notice of violations§ 1758
- Definitions§ 101
- Refugees and migration§ 2601
- Definitions§ 1401
- Omitted§ 1821
- Repealed. Pub. L. 93–380, title IV, § 402(c)(2)(ii), Aug. 21, 1974, 88 Stat. 546§ 844b
- Transferred§ 1865
- Repealed. Pub. L. 95–561, title III, § 301(b)(1)(F), Nov. 1, 1978, 92 Stat. 2228§ 887d
- Executive departments§ 101
- Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913§ 1231f
- Prohibition against discrimination or segregation in places of public accommodation§ 2000a
- Statement of purpose; nondiscrimination; and appropriations authorized§ 1071
- Repealed. Pub. L. 93–380, title V, § 506(a)(1)(B), Aug. 21, 1974, 88 Stat. 562§ 1222
- Forward funding§ 1223
- Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913§ 1226
- Contingent extension of programs§ 1226a
- Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913§ 1227
- Responsibility of States to furnish information§ 1226b
- Biennial evaluation report§ 1226c
- Repealed. Pub. L. 96–470, title I, § 106(a), Oct. 19, 1980, 94 Stat. 2238§ 1226d
- Joint funding of programs§ 1231
- Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913§ 1230
- Regulations§ 1232
- Repealed. Pub. L. 96–374, title X, § 1001(c), Oct. 3, 1980, 94 Stat. 1491§ 1221d
- Sex§ 1681
- State agency monitoring and enforcement§ 1232c
- Administrative practice; general provisions§ 500
- Records§ 1232f
- Family educational and privacy rights§ 1232g
- Protection of pupil rights§ 1232h
- The General Schedule§ 5332
- Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(d)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312§ 1221i
- Repealed. Pub. L. 105–220, title II, § 251(a)(1), Aug. 7, 1998, 112 Stat. 1079§ 1208
- Repealed. Pub. L. 105–220, title II, § 251(a)(1), Aug. 7, 1998, 112 Stat. 1079§ 1209
- Office of Special Education Programs§ 1402
- Abrogation of State sovereign immunity§ 1403
- Authorization; allotment; use of funds; authorization of appropriations§ 1411
- State eligibility§ 1412
- Local educational agency eligibility§ 1413
- Individualized family service plan§ 1436
- Authorization of appropriations§ 1444
- Eligibility and collaborative process§ 1452
- Use of funds§ 1454
- Purpose; definition of eligible entity§ 1461
- Repealed. Pub. L. 95–561, title XV, § 1529, Nov. 1, 1978, 92 Stat. 2380§ 1901
- Repealed. Pub. L. 95–561, title XV, § 1529, Nov. 1, 1978, 92 Stat. 2380§ 1921
- ESTABLISHMENT OF COMMISSION.§ 1501
- Findings; purpose; and program authority§ 1101
- Eligibility; applications§ 1103
- Award of Jacob K. Javits fellowships§ 1134
- Grants to academic departments and programs of institutions§ 1135
- Omitted§ 246
- Repealed. Pub. L. 105–220, title II, § 251(a)(1), Aug. 7, 1998, 112 Stat. 1079§ 1204
- Employment of experts and consultants; temporary or intermittent§ 3109
- SHORT TITLE.§ 401
- Revolving fund for redemption of real property§ 7810
- Appropriations§ 2401
- Repealed. Pub. L. 105–33, title VII, § 7003(a)(1), Aug. 5, 1997, 111 Stat. 663]§ 2004
- Compensation of the President§ 102
- Congressional declarations§ 1021
- Positions at level II§ 5313
- Definitions§ 571
- Establishment§ 4271
- Pay fixed by administrative action§ 5306
- Representation in Organization§ 287
- Definitions§ 8901
- Civil Service Retirement and Disability Fund§ 8348
- Transferred§ 776
- Presidential regulations§ 7301
- Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay§ 5703
- Congressional findings and declaration of policy§ 4701
- Prohibition of illegal gambling businesses§ 1955
- Natchez Trace Parkway§ 460
- Process for establishing motor vehicle pools and transportation systems§ 603
- Powers, authorities, and duties of United States Secret Service§ 3056
- Use of local currency payment§ 1704
- Stockpile management§ 98e
- National Defense Stockpile§ 98b
- Duties; authorization of grants for historical publications and records programs; authorization for appropriations§ 2504
- Transferred§ 401
- Membership§ 7443
- Purposes§ 601
- The Postal Service Fund§ 2003
- Congressional findings and declaration of purpose§ 5301
- General provisions§ 5302
- Grants to States, units of general local government and Indian tribes; authorizations§ 5303
- Statement of activities and review§ 5304
- Federally protected activities§ 245
- Congressional declaration of purpose§ 3101
- Congressional findings and declaration of purpose§ 3331
- Congressional declaration of purpose§ 4321
- Activities eligible for assistance§ 5305
- Congressional declaration of national housing policy§ 1441
- Allocation and distribution of funds§ 5306
- Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128§ 1452b
- Special purpose grants§ 5307
- Congressional statement of purpose§ 4501
- Guarantee and commitment to guarantee loans for acquisition of property§ 5308
- Survivor annuities§ 774
- General authority§ 711
- Tax imposed§ 1
- Nondiscrimination in programs and activities§ 5309
- Labor standards; rate of wages; exceptions; enforcement powers§ 5310
- Remedies for noncompliance with community development requirements§ 5311
- Use of grants for settlement of outstanding urban renewal loans of units of general local government§ 5312
- Reporting requirements§ 5313
- Consultation by Secretary with other Federal departments, etc.§ 5314
- Interstate agreements or compacts; purposes§ 5315
- Transition provisions§ 5316
- Omitted§ 1453
- Liquidation of superseded or inactive programs§ 5317
- Economic opportunities for low- and very low-income persons§ 1701u
- Declaration of policy and public housing agency organization§ 1437
- Rental payments§ 1437a
- Disability insurance benefit payments§ 423
- Repealed. Pub. L. 94–103, title III, § 302(c), Oct. 4, 1975, 89 Stat. 507§ 2691
- Loans and commitments to make loans for low-income housing projects§ 1437b
- Contributions for low-income housing projects§ 1437c
- Contract provisions and requirements; loans and annual contributions§ 1437d
- Designated housing for elderly and disabled families§ 1437e
- Low-income housing assistance§ 1437f
- Short title§ 1701
- Supportive housing for the elderly§ 1701q
- Public housing Capital and Operating Funds§ 1437g
- Implementation of provisions by Secretary§ 1437h
- Obligations of public housing agencies; contestability; full faith and credit of United States pledged as security; tax exemption§ 1437i
- Labor standards and community service requirement§ 1437j
- Repealed. Pub. L. 93–383, title II, § 204, Aug. 22, 1974, 88 Stat. 668§ 1411d
- Corporate powers of associations§ 24
- Sale of specific housing projects§ 1586
- Repealed. Pub. L. 105–276, title V, § 582(a)(15), Oct. 21, 1998, 112 Stat. 2644§ 1438
- Purpose and program§ 3021
- Homeownership or membership in cooperative association for lower income families§ 1715z
- Local housing assistance plan§ 1439
- Rent supplement payments for qualified lower income families§ 1701s
- Insurance of mortgages§ 1709
- Rehabilitation and neighborhood conservation housing insurance§ 1715k
- Statistical and economic surveys§ 1715
- Repealed. Pub. L. 110–289, div. B, title I, § 2120(a)(5), July 30, 2008, 122 Stat. 2835§ 1715m
- Mortgage insurance for condominiums§ 1715y
- Rental housing insurance§ 1713
- Cooperative housing insurance§ 1715e
- Insurance of mortgages for housing for elderly persons§ 1715v
- Mortgage insurance for nursing homes, intermediate care facilities, and board and care homes§ 1715w
- Insurance of mortgages§ 1749aaa
- Expenditures to correct or reimburse for structural or other major defects in mortgaged homes§ 1735b
- Insurance of financial institutions§ 1703
- Repealed. Pub. L. 106–419, title IV, § 401(c)(1), Nov. 1, 2000, 114 Stat. 1860]§ 1801
- Miscellaneous mortgage insurance§ 1715n
- Repealed. Pub. L. 100–242, title IV, § 401(a)(1), Feb. 5, 1988, 101 Stat. 1898§ 1715h
- Coordination of Federal aids with local governments§ 3334
- National housing goals§ 1441a
- Repealed. Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068§ 4201
- Congressional findings and purpose§ 801
- Fellowships for city planning, management, housing specialists, and persons with general capacity in urban affairs and problems§ 802
- Limitation on grants to any one State§ 804
- Project grants and contracts§ 803a
- Authorization of appropriations; availability of funds§ 806
- Financial assistance by Secretary of Agriculture§ 1471
- Loans and grants for repairs or improvements of rural dwellings§ 1474
- Loans for housing and buildings on adequate farms§ 1472
- Rural Housing Insurance Fund§ 1487
- Buildings and repairs§ 1476
- Preferences for veterans and families of deceased servicemen§ 1477
- Local committees to assist Secretary§ 1478
- Program levels and authorizations§ 1483
- Financial assistance to provide low-rent housing for domestic farm labor§ 1486
- Housing and related facilities for elderly persons and families or other persons and families of low income§ 1485
- “Rural” and “rural area” defined§ 1490
- Mutual and self-help housing§ 1490c
- Loans to nonprofit organizations to provide building sites for eligible families, nonprofit organizations, public agencies, and cooperatives; interest rates; factors determinative in making loan§ 1490d
- Loans to provide occupant owned, rental, and cooperative housing for low and moderate income, elderly or handicapped persons or families§ 1490a
- Insurance of loans for housing and related facilities for domestic farm labor§ 1484
- Programs of technical and supervisory assistance for low-income individuals and families in rural areas§ 1490e
- Loans and insurance of loans for condominium housing in rural areas§ 1490f
- Agricultural Credit Insurance Fund§ 1929
- Repealed. Pub. L. 98–181, title I [title V, § 503(c)], Nov. 30, 1983, 97 Stat. 1241§ 1490g
- Findings and purposes§ 5401
- Definitions§ 5402
- Construction and safety standards§ 5403
- Manufactured home installation§ 5404
- Judicial review of orders establishing standards; petition; additional evidence before Secretary; certified copy of transcript§ 5405
- Submission of cost or other information by manufacturer§ 5406
- Research, testing, development, and training by Secretary§ 5407
- Cooperation by Secretary with public and private agencies§ 5408
- Prohibited acts; exemptions§ 5409
- Civil and criminal penalties§ 5410
- Injunctive relief§ 5411
- Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase by manufacturer or repair by distributor or retailer; reimbursement of expenses, etc., by manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation§ 5412
- Inspections and investigations for promulgation or enforcement of standards or execution of other duties§ 5413
- Notification and correction of defects by manufacturer§ 5414
- Certification by manufacturer of conformity of manufactured home with standards; form and placement of certification§ 5415
- Consumer’s manual; contents§ 5416
- Effect upon antitrust laws§ 5417
- Trusts, etc., in restraint of trade illegal; penalty§ 1
- Definitions; short title§ 12
- Federal Trade Commission established; membership; vacancies; seal§ 41
- Trusts in restraint of import trade illegal; penalty§ 8
- Use of services, research and testing facilities of public agencies and independent laboratories§ 5418
- Authority to collect fee§ 5419
- Failure to report violations; penalties§ 5420
- Prohibition on waiver of rights§ 5421
- State enforcement§ 5422
- Grants to States§ 5423
- Rules and regulations§ 5424
- Repealed. Pub. L. 106–569, title VI, § 611(1), Dec. 27, 2000, 114 Stat. 3012§ 5425
- Authorization of appropriations§ 5426
- Federal savings associations§ 1464
- Real estate loans§ 371
- Short title§ 1000
- Discount of obligations arising out of actual commercial transactions§ 343
- Declaration of policy§ 631
- Powers§ 1757
- Membership§ 1759
- Board of directors; meetings; powers and duties; executive committee; membership officers; membership application§ 1761b
- Supervisory committee; powers and duties; suspension of members; passbook§ 1761d
- Dividends§ 1763
- Territorial application of chapter§ 1772
- Administration of insurance fund§ 1782
- Payment of insurance§ 1787
- Termination of insured credit union status; cease and desist orders; removal or suspension from office; procedure§ 1786
- Special assistance to avoid liquidation§ 1788
- Omitted§ 1441c
- State housing finance and development agencies§ 1440
- National Endowment for the Arts§ 954
- Purchase and sale of mortgages; residential mortgages; conventional mortgages; terms and conditions of sale or other disposition; authority to enter into, perform, and carry out transactions§ 1454
- Powers and duties of banks§ 1431
- Reserves and dividends; emergency suspensions of requirements§ 1436
- Federal National Mortgage Association and Government National Mortgage Association§ 1717
- Capitalization of Federal National Mortgage Association§ 1718
- Secondary market operations§ 1719
- General powers of Government National Mortgage Association and Federal National Mortgage Association§ 1723a
- Partition of Federal National Mortgage Association into Federal National Mortgage Association and Government National Mortgage Association; assets and liabilities; operations§ 1716b
- Definitions and rules of construction§ 1602
- Discrimination in the sale or rental of housing and other prohibited practices§ 3604
- Discrimination in residential real estate-related transactions§ 3605
- Discrimination in the provision of brokerage services§ 3606
- Violations; penalties§ 3631
- Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128§ 1706e
- Assistance with respect to housing for low- and moderate-income families§ 1701x
- Definitions§ 1701
- Exemptions§ 1702
- Requirements respecting sale or lease of lots§ 1703
- Definitions and declaration of policy§ 101
- Identification of flood-prone areas§ 4101
- Notice requirements§ 4104a
- Additional Congressional findings and declaration of purpose§ 4002
- Estimates of premium rates§ 4014
- Officers of Department§ 3533
- Establishment of Department§ 3532
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 1
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 461
- Health care professionals assisting during a public health emergency§ 234
- Continuing educational support for health professionals serving in rural and underserved communities§ 294b
- General provisions§ 294
- Repealed. Pub. L. 105–392, title I, § 123(3), Nov. 13, 1998, 112 Stat. 3562§ 297c
- Student loan fund§ 297a
477 references not yet in our index
- Pub. L. 93-380
- 20 USC 821
- 88 Stat. 485
- 88 Stat. 486
- 88 Stat. 487
- 88 Stat. 488
- 20 USC 241b
- 88 Stat. 490
- 20 USC 241e
- 20 USC 241a
- 20 USC 24lc–1
- 20 USC 241c–2
- 42 USC 2861
- 20 USC 241c–3
- 20 USC 24lc–4
- 88 Stat. 495
- 20 USC 241c–5
- 20 USC 241d
- 20 USC 241d–11
- 20 USC 241g
- 20 USC 241e–1
- 20 USC 241h
- 20 USC 241n
- 20 USC 2410
- 20 USC 241f
- 88 Stat. 501
- 20 USC 241j
- 20 USC 241k
- 20 USC 244
- 20 USC 241b–1
- 88 Stat. 502
- 20 USC 822
- 20 USC 842
- 20 USC 844a
- 20 USC 845
- 20 USC 861
- 20 USC 866
- 20 USC 867
- 20 USC 880b–1
- 88 Stat. 506
+ 437 more
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Cites 784 · showing 12Cited by 9 across 3 sources