PUBLIC LAW 95-581, 92 STAT. 2478
individuals who served as
sergeant major of the Marine Corps before
December 16, 1967.
Be it enacted by the Senate and House of Representives of the United
States of America in Congress assembled, That (a) the retired pay of any
individual who served as sergeant major of the Marine Corps and who
completed such service before December 16, 1967, shall be computed based
upon a rate of basic pay of the sum of (1) the highest rate of basic pay
to which such individual was entitled while so serving, and (2) $150.
(b) For the purpose of computing any adjustment under section 1401a
of title 10, United States Code, in the retired pay of any individual
whose retired pay is affected by subsection (a), the rate of basic pay
provided under such subsection for the purpose of computing the retired
pay of such individual shall be considered to have been the rate of
basic pay applicable to such individual at the time of his retirement,
and any adjustment under such section 1401a in the retired pay of such
individual before September 30, 1978, shall be readjusted to reflect
such rate of basic pay.
Sec. 2. (a) Any change in the retired pay of any individual by
reason of the enactment of this Act shall be effective for months
beginning after September 30, 1978.
(b) The enactment of this Act shall not reduce the retired pay of any
individual.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-857 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 3, June 5, considered and passed House.
Oct. 14, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44:
Nov. 2, Presidential statement.
PUBLIC LAW 95-580, 92 STAT. 2475 ADVISORY TASK FORCE.
Force, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Congress hereby
finds and declares that--,
(1) an adequate transportation system, made up of various modes
of transportation, is essential to the overall success of the
Nation's agriculture programs, to a sound program of rural
development, and to the economic stability of the United States;
(2) the economical and efficient movement of agricultural
commodities (including forest products) and agricultural inputs
has been impeded by a shortage of railroad freight cars and motor
trucks and by the deteriorated condition of many rail roadbeds
throughout the United States;
(3) the economical and efficient movement of agricultural
commodities (including forest products) and agricultural inputs is
further threatened by the proposed abandonment by the railroad
companies of thousands of miles of important railroad lines in the
United States;
(4) the maintaining of an efficient and economical
transportation system of agriculture and rural development in the
United States has not received the priority attention which such
system should have received; and
(5) the Secretary of Agriculture and the Secretary of
Transportation have a responsibility to assume a more active role
in representing the interests of agriculture and rural development
in the United States in order to insure the availability of an
adequate, efficient, and economical transportation system
sufficient to meet the needs of agriculture and rural development
in the United States.
Sec. 2. (a) There is hereby created in accordance with the
provisions of this section a Rural Transportation Advisory Task Force
(herein-after referred to as the " Task Force").
(b) The Secretary of Agriculture and the Secretary of Transportation
(hereinafter referred to as the Secretaries) shall serve as Cochairmen
of the Task force, which shall consist of fourteen members in addition
to the Cochairmen, appointed by the secretaries on the following basis;
(1) one to be selected from a list of qualified individuals
recommended by the Secretary of Agriculture;
(2) one to be selected from a list of qualified individuals
recommended by the Secretary of Transportation;
(3) one to be selected from a list of qualified individuals
recommend by the Chairman of the Interstate Commerce Commission;
(4) one to be selected from a list of qualified individuals
recommended by the chariman of the Committee on Agriculture,
Nutrition, and Forestry, United States Senate;
(5) one to be selected from a list of qualified individuals
recommended by the chairman of the Committee on Agriculture,
United States House of Representatives;
(6) three to be selected from a lists of qualified individuals
recommended by carriers and associations of carriers, not to
include more than one representative from each of the three
transportation modes, rail, motor, and water;
(7) four to be selected from lists of qualified individuals
recommended by the agricultural community, including agricultural
shippers and associations of shippers; and
(8) two to be selected from lists of qualified individuals
recommended by the academic community.
(c) Within fifteen days after the enactment of this section, the
Secretaries shall solicit recommendations from the Chairman of the
Interstate Commerce Commission; the chairman of the Committee on
Agriculture, Nutrition, and Forestry, United States Senate; and the
chairman of the Committee on Agriculture, United States House of
Representatives. The Secretaries shall cause notice to be published in
the Federal Register soliciting recommendations from which to make the
selections required under subparts (6), (7), and (8) of subsection (b)
of this section.
(d) Vacancies on the Task Force shall be filled in the manner
prescribed for original selections.
(e) Members of the Task Force who are full-time officers or employees
of the United States shall receive no additional pay on account of this
service on the Task Force. While away from their homes or regular
places of business in the performance of services for the Task Force,
members of the Task Force shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5, United States Code.
(f) The Task Force shall be dissolved forty-five days after the
publication of the final report required under section 4 of this Act.
(g) The Secretaries shall furnish such supplies and clerical,
administrative, and other support as they deem necessary to enable the
Task Force to carry out its responsibilities.
Sec. 3. (a) The Task Force may compile and publish an initial report
which, if published, shall include recommendations for determining the
essential transportation needs of agriculture on a continuing basis, for
establishing a national agricultural transportation policy, and for
methods of identifying impediments to a railroad transportation system
adequate to meet the essential needs of the agriculture industry of the
United States. Such report, if published, shall also include, but shall
not be limited to, maps which identify the locations in the several
States which the Task Force, on the basis of the importance of such
locations within agricultural producing, marketing, or consuming areas,
determines should receive railroad service: Provided, That this
directive is not to be construed as requiring comprehensive line-by-line
analyses of all branch lines.
(b) The report authorized in section 3(a) shall, if published, be
published not later than one hundred and eighty days after the date of
enactment of this Act. The Task Force shall submit copies of such
report, if published, to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of the House of
Representatives and shall provide for the widespread public
dissemination of such report throughout the United States as soon as
practicable after its publication.
(c) Within ninety days after the publication of the initial report
described in section 3(a), or if such report is not published, within
two hundred and seventy days after enactment of this Act, the Task Force
shall announce dates for and hold public hearings at various locations
throughout the United States, take such testimony and receive such
evidence as it considers advisable for the purpose of obtaining the
views of interested persons on such initial report or, if such report is
not published, on recommendations for the final report required under
this Act.
(d) Within one hundred and twenty days after the publication of the
initial report described in section 3(a) or, if such report is not
published, within three hundred days after enactment of this Act, the
Task Force shall prepare and publish a summary of the testimony
presented at such hearings, and shall provide for the widespread public
dissemination of such summary as soon as possible following the
publication thereof.
Sec. 4. (a) The Task Force shall prepare and publish, within four
hundred and twenty days after the date of enactment of this Act, a final
report including recommendations for determining the essential needs of
agriculture on a continuing basis, for establishing a national
agricultural transportation policy, for menthods of identifying
impediments to a railroad transportation adequate to meet the essential
needs of the agriculture industry, and containing specific
recommendations for a railroad transportation system adequate to meet
the essential needs of the agriculture industry of the United States.
In preparing such final report, the Task Force shall take into
consideration the testimony received at the public hearing required
under this Act.
(b) Copies of such final report shall be submitted to the Committee
on Agriculture, Nutrition, and Forestry of the Senate, the Committee on
Agriculture of the House of Representatives, and the Chairman of the
Interstate Commerce Commission. The Task Force shall provide for the
widespread public dissemination of such final report.
Sec. 5. The provisions of this Act shall become effective October 1,
1978.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-1600, accompanying H.R. 12917 (Comm. on
Agriculture).
SENATE REPORT No. 95-923 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 124(1978):
June 8, considered and passed Senate.
Oct. 3, 4, H.R. 12917 considered and passed House; passage
vacated, and S. 1835, amended, passed in lieu.
Oct. 15, Senate concurred in House amendment.
PUBLIC LAW 95-579, 92 STAT. 2474
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, in the
administration of the Immigration and Nationality Act, Eugenia Cortes
shall be held and considered to be within the purview of the first
proviso to section 312(1) of that Act and may be naturalized upon
compliance with all of the other requirements of title III of that Act.
Sec. 2. That no financial or other consideration shall be paid or
delivered to or received by any agent or attorney on account of services
rendered in connection with the enactment of this Act, and the same
shall be unlawful, any contract to the contrary notwithstanding. Any
person violating the provisions of this section shall be guilty of a
misdemeanor and upon conviction thereof shall be fined $1,000.
Sec. 3. The first proviso contained in paragraph (1) of section 312
of the Immigration and Nationality Act (8 U.S.C. 1423) is amended by
striking out "or to any person who, on the effective date of this Act,
is over fifty years of age and has been living in the United States for
periods totaling at least twenty years" and by inserting in lieu thereof
the following: "or to any person who, on the date of the filing of his
petition for naturalization as provided in section 334 of this Act, is
over fifty years of age and has been living in the United States for
periods totaling at least twenty years subsequent to a lawful admission
for permanent residence".
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-1683 (Comm. on the Judiciary).
SENATE REPORT No. 95-897 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 23, considered and passed Senate.
Oct. 14, considered and passed House, amended.
Oct. 15, Senate concurred in House amendment.
PUBLIC LAW 95-578, 92 STAT. 2471, RECLAMATION SAFETY of DAMS ACT of
1978.
construct, restore, operate, and
maintain new or modified features at existing Federal
reclamation dams for
safety of dams purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act shall be
cited as the " Reclamation Safety of Dams Act // 43 USC 506 note. // of
1978".
Sec. 2. In order to preserve the structural safety of Bureau of
Reclamation dams and related facilities the Secretary of the Interior is
authorized to perform such modifications as he determines to be
reasonably required. Said performance of work shall be in accordance
with the Federal reclamation laws (Act // 43 USC 506. //// 43 USC 391
// of June 17, 1902, 32 Stat. 388, and Acts amendatory or supplementary
thereto).
Sec. 3. Construction authorized by this Act shall be for the
purposes of dam safety and not for the specific purposes of providing
additional conservation storage capacity or of developing benefits over
and above those provided by the original dams and reservoirs. Nothing
in this Act shall be construed to reduce the amount of project costs
allocated to reimbursable purposes heretofore authorized.
Sec. 4. (a) Costs heretofore or hereafter incurred in the
modification of structures under this Act, the cause of which results
from age and normal deterioration of the structure or from
nonperformance of reasonable and normal maintenance of the structure by
the operating entity shall be considered as project costs and will be
allocated to the purposes for which the structure was authorized
initially to be constructed and will be reimbursable as provided by
existing law.
(b) Costs heretofore or hereafter incurred in the modification of
structures under this Act, the cause of which results from new
hydrologic or seismic data or changes in state-of-the -art criteria
deemed necessary for safety purposes shall be nonreimbursable and
nonreturnable under the Federal Reclamation law.
Sec. 5. There are hereby authorized to be appropriated for fiscal
year 1979 and ensuing fiscal years such sums as may be necessary, but
not to exceed $100,000,000, to carry out the provisions of this Act to
remain available until expended if so provided by the appropriations
Act: Provided, That no funds shall be obligated for carrying out actual
construction to modify an existing dam under authority of this Act prior
to sixty days (which sixty days shall not include days on which either
the House of Representatives or the Senate is not in session because of
an adjournment of more than three calendar days to a day certain) from
the date that the Secretary has transmitted a report on such existing
dam to the Congress. The report required to be submitted by this
section will consist of a finding by the Secretary of the Interior to
the effect that modifications are required to be made to isure the
safety of an existing dam. Such finding shall be accompanied by a
technical report containing information on the need for structural
modification, the corrective action deemed to be required, alternative
solutions to structural modification that were considered, the estimated
cost of needed modifications, and environmental impacts if any resulting
from the implementation of the recommended plan of modification.
Sec. 6. Notwithstanding any other provision of law, the Secretary of
the Interior is authorized and directed to reimburse the Salt River
Project for expenses incurred to modify the Bartlett Dam spillway and
outfall channel, undertaken for safety of dam purposes pursuant to the
provisions of this Act.
Sec. 7. Notwithstanding any other provision of law, the Secretary of
the Interior is authorized and directed to pay and discharge that
portion of the costs associated with the replacement of the American
Falls Dam which the irrigation spaceholder contracting entities are
obligated to pay pursuant to the implementation of the act of December
28, 1973 (87 Stat. 904), to treat such costs as costs incurred under
this act, and to enter into contracts with the irrigation spaceholder
contracting entities to accomplish the payment and discharge of such
costs.
Sec. 8. The Congress hereby finds that the oversight provided for in
section 3 of Public Law 95 - 46 has been accomplished with respect to
the three temporary water service contracts between the United States
and the Westlands Water District, as forwarded to Congress on October 4,
1978.
Sec. 9. (a) The Secretary of the Interior, after October 1, 1979,
shall make a full investigation and study to determine the feasibility
of carrying out a project to rehabilitate and improve the existing Santa
Cruz Dam and Reservoir, Santa Cruz Irrigation District, New Mexico,
including--,
(1) repairing and stabilizing the face of the dam;
(2)enlarging spillway capacity to insure the safety of the dam;
and
(3) raising the dam to increase the storage capacity of Santa
Cruz Reservoir.
(b) In carrying out the investigation and study authorized by
subsection (a) the Secretary shall give full consideration to the
potential for developing the Santa Cruz Dam and Reservoir as a unit or
part of the San Juan-Chama project.
(c) The Secretary shall submit to the President and the Congress as
soon as practicable the results of such investigation together with his
recommendations.
(d) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this bill.
Sec. 10. The fourth sentence of section 201 of the Act of September
30, 1968 (Public Law 90 - 537) is amended by striking out "from the date
of this Act" and by inserting in lieu thereof the following: "from the
date of the enactment of the Reclamation Safety of Dams Act of 1978".
Sec. 11. The Secretary of the Interior is hereby directed,
notwithstanding the terms of the Contract Numbers 14 - 06 - 100 - 7174,
to make necessary repairs on the Scoggins Valley Road around Henry Hagg
Lake, Oregon, at Federal expense pursuant to the authority of Public Law
89 - 596 which authorized the construction, operation and maintenance of
the Tualatin Reclamation Project in Oregon.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1125, accompanying H.R. 11153 (Comm. on
Interior and Insular Affairs).
SENATE REPORT No. 95 - 810 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol 124 (1978):
July 28, considered and passed Senate.
Oct. 14, H.R. 11153 considered and passed House; passage
vacated, ans S. 2820, amended, passed in lieu.
Oct. 15, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Nov.
2, Presidential statement.
PUBLIC LAW 95-577, 92 STAT. 2470
solar collectors for furnishing
a portion of the energy needs of the Rayburn House
Office Building and House
Office Building Annex Numbered 2, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Architect
of the Capitol, under the direction of the House Office Building
Commission, shall install solar collectors for furnishing a portion of
the energy needs of the Rayburn House Office Building and of House
Office Building Annex Numbered 2.
(b) In carrying out this Act, the Architect of the Capitol, under the
direction of the House Office Building Commission, is authorized to (1)
procure such personal and other services as may be necessary to carry
out this Act, and (2) provide for such structural and other changes in
the Rayburn House Office Building and House Office Building Annex
Numbered 2, such changes in or additions to their appurtenant
facilities, such connections to existing facilities or utilities, and
such equipment and apparatus, as may be necessary to carry out this Act.
Sec. 2. The Architect of the Capitol shall submit to the House
Public Works and Transportation Committee final engineering and design
drawings and final cost estimates for the project authorized under this
Act, before soliciting bids to carry out the project. After the
submission of such information, the Architect of the Capitol shall not
solicit bids to carry out the project authorized under this Act until
thirty legislative days after the date of such submission.
Sec. 3. There is hereby authorized to be appropriated not to exceed
$3,000,000 to carry out this Act.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1513 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Sept. 25, considered and passed House.
Oct. 15, considered and passed Senate.
PUBLIC LAW 95-576, 92 STAT. 2467
provide additional authorizations
for certain operating programs under the Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) clause (1) of
section 104 (u) of the Federal Water Pollution Control Act (33 U.S.C.
1254) is amended to read as follows: "(1) not to exceed $100,000,000
per fiscal year for the fiscal year ending June 30, 1973, the fiscal
year ending June 30, 1974, and the fiscal year ending June 30, 1975, and
not to exceed $14,039,000 for the fiscal year ending September 30, 1980,
for carrying out the provisions of this section, other than subsections
(g) (1) and (2), (p), (r), and (t), except that such authorizations are
not for any research, development, or demonstration activity pursuant to
such provisions;".
(b) (1) Section 311(a) (2) of the Federal Water Pollution Control Act
is amended by inserting before the semicolon at the end thereof the
following: ", but excludes (A) discharges in compliance with a permit
under section 402 of this Act, (B) discharges resulting from
circumstances identified and reviewed and made a part of the public
record with respect to a permit issued or modified under section 402 of
this Act, and subject to a condition in such permit, and (C) continuous
or anticipated intermittent discharges from a point source, identified
in a permit or permit application under section 402 of this Act, which
are caused by events occurring within the scope of relevant operating or
treatment systems". (2) Section 311(a) of the Federal Water Pollution
Control Act is amended by adding at the end thereof the following new
paragraph:
"(17) ' Otherwise subject to the jurisdiction of the United
States' means subject to the jurisdiction of the United States by
virtue of United States citizenship, United States vessel
documentation or numbering, or as provided for by international
agreement to which the United States is a party.".
(3) Section 311(b) (2) (B) of such Act is amended to read as follows:
"(B) The Administrator shall within 18 months after the date of
enactment of this paragraph, conduct a study and report to the Congress
on methods, mechanisms, and procedures to create incentives to achieve a
higher standard of care in all aspects of the management and movement of
hazardous substances on the part of owners, operators, or persons in
charge of onshore facilities, offshore facilities, or vessels. The
Administrator shall include in such study (1) limits of liability, (2)
liability for third party damages, (3) penalties and fees, (4) spill
prevention plans, (5) current practices in the insurance and banking
industries, and (6) whether the penalty enacted in subclause (bb) of
clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of
Public Law 92 - 500 should be enacted.".
(4) Section 311 (b) (3) of such Act is amended by striking out "in
harmful quantities" and inserting in lieu thereof "in such quantities as
may be harmful".
(5) Section 311 (b) (4) of such Act is amended to read as follows:
"(4) The President shall by regulation determine for the
purposes of this section those quantities of oil and any hazardous
substances the discharge of which may be harmful to the public
health or welfare of the United States, including but not limited
to fish, shellfish, wildlife, and public and private property,
shorelines, and beaches.".
(6) Section 311 (b)(5) of the Federal Water Pollution Control Act is
amended by inserting "at the time of the discharge" after the words
"otherwise subject to the jurisdiction of the United States".
(7) Section 311 (b)(6) of such Act is amended by inserting after
"(6)" the letter "(A)" and by inserting "at the time of the discharge"
after the words "otherwise subject to the jurisdiction of the United
States", and by inserting four new subparagraphs as follows:
"(B) The Administrator, taking into account the gravity of the
offense, and the standard of care manifested by the owner, operator, or
person in charge, may commence a civil action against any such person
subject to the penalty under subparagraph (A) of this paragraph to
impose a penalty based on consideration of the size of the business of
the owner or operator, the effect on the ability of the owner or
operator to continue in business, the gravity of the violation, and the
nature, extent, and degree of success of any efforts made by the owner,
operator, or person in charge to minimize or mitigate the effects of
such discharge. The amount of such penalty shall not exceed $50,000,
except that where the United States can show that such discharge was the
result of willful negligence or willful misconduct within the privity
and knowledge of the owner, operator, or person in charge, such penalty
shall not exceed $250,000. Each violation is a separate offense. Any
action under this subparagraph may be brought in the district court of
the United States for the district in which the defendant is located or
resides or is doing business, and such court shall have jurisdiction to
assess such penalty. No action may be commenced under this clause where
a penalty has been assessed under clause (A) of this paragraph.
"(C) In addition to establishing a penalty for the discharge of a
hazardous substance, the Administrator may act to mitigate the damage to
the public health or welfare caused by such discharge. The cost of such
mitigation shall be deemed a cost incurred under subsection (c) of this
section for the removal of such substance by the United States
Government.
"(D) Any costs of removal incurred in connection with a discharge
excluded by subsection (a) (2) (C) of this section shall be recoverable
from the owner or operator of the source of the discharge in an action
brought under section 309 (b) of this Act.
"(E) Civil penalties shall not be assessed under both this section
and section 309 for the same discharge.".
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1097 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 5, considered and passed House.
Oct. 15, considered and passed Senate, amended; House
concurred in Senate amendment.
PUBLIC LAW 95-575, 92 STAT. 2463
eliminate racketeering in the
sale and distribution of cigarettes, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That title 18, United States
Code, is amended by inserting after chapter 113 the following new
chapter:
" Sec.
"2341. Definitions.
"2342. Unlawful acts.
"2343. Recordkeeping and inspection.
"2344. Penalties.
"2345. Effect on State law.
"2346. Enforcement and regulations.
" Sec. 2341. DEFINITIONS
" As used in this chapter--,
"(1) the term 'cigarette' means--, "(A) any roll of tobacco
wrapped in paper or in any substance
not containing tobacco; and "(B) any roll of tobacco wrapped
in any substance containing
tobacco which, because of its appearance, the type of
tobacco used in the filler, or its packaging and labeling, is
likely to be offered to, or purchased by, consumers as a
cigarette
describe in subparagraph (A);
"(2) the term 'contraband cigarettes' means a quantity in excess of
60,000 cigarettes, which bear no evidence of the payment of applicable
State cigarette taxes in the State where such cigarettes are found, if
such State requires a stamp, impression, or other indication to be
placed on packages or other containers of cigarettes to evidence payment
of cigarette taxes, and which are in the possession of any person other
than--,
"(A) a person holding a permit issued pursuant to chapter 52 of
the Internal Revenue Code of 1954 as a manufacturer of tobacco
products or as an export warehouse propreitor, or a person
operating a customs bonded warehouse pursuant to section 311 or
555 of the Tariff Act of 1930 (19 U.S.C. 1311 0r 1555) or an agent
of such person;
"(B) a common or contract carrier transporting the cigarettes
involved under a proper bill of lading or freight bill which
states the quantity, source, and destination of such cigarettes;
"(C) a person--,
"(i) who is licensed or otherwise authorized by the State where
the cigarettes are found to account for and pay cigarette taxes
imposed by such State; and
"(ii) who has complied with the accounting and payment
requirements relating to such license or authorization with
respect to the cigarettes involved; or
"(D) an officer, employee, or other agent of the United States
or a State, or any deppartment, agency, or instrumentality of the
United States or a State (including any political subdivision of a
State) having possession of such cigarettes in connection with the
performance of official duties;
"(3) the term 'common or contract carrier' means a carrier
holding a certificate of convenience and necessity, a permit for
contract carrier by motor vehicle, or other valid operating
authority under the Interstate Commerce Act, or under equivalent
operating authority from a regulatory agency of the United States
or of any State;
"(4) the term ' State' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Virgin Islands; and
"(5) the term ' Secretary' means the Secretary of the Treasury.
" Sec. 2342. Unlawful acts
"(a) It shall be unlawful for any person knowingly to ship,
transport, receive, possess, sell, distribute, or purchase
contraband cigarettes.
"(b) It shall be unlawful for any person knowingly to make any
false statement or representation with respect to the information
required by this chapter to be kept in the records of any person
who ships, sells, or distributes any quantity of cigarettes in
excess of 60,000 in a single transaction.
" Sec. 2343. Recordkeeping and inspection
"(a) Any person who ships, sells, or distributes any quantity of
cigarettes in excess of 60,000 in a single transaction shall maintain
such information about the shipment, receipt, sale, and distribution of
cigarettes as the Secretary may prescribe by rule or regulation. The
Secretary may require such person to keep only--,
"(1) the name, address, destination (including street address),
vehicle license number, driver's license number, signature of the
person receiving such cigarettes, and the name of the purchaser;
"(2) a declaration of the specific purpose of the receipt
(personal use, resale, or delivery to another); and
"(3) a declaration of the name and address of the recipient's
principal in all cases when the recipient is acting as an agent.
Such information shall be contained on business records kept in the
normal course of business. Nothing contained herein shall authorize the
Secretary to require reporting under this section.
"(b) Upon the consent of any person who ships, sells, or distributes
any quantity of cigarettes in excess of 60,000 in a single transaction,
or pursuant to a duly issued search warrant, the Secretary may enter the
premises (including places of storage) of such person for the purpose of
inspecting any records or information required to be maintained by such
person under this chapter, and any cigarettes kept or stored by such
person at such premises.
" Sec. 2344. Penalties
"(a) Whoever knowingly violates section 2342 (a) of this title shall
be fined not more than $100,000 or imprisoned not more than five years,
or both.
"(b) Whoever knowingly violates any rule or regulation promulgated
under section 2343 (a) or 2346 of this title or violates section 2342
(b) of this title shall be fined not more than $5,000 or imprisoned not
more than three years, or both.
"(c) Any contraband cigarettes involved in any violation of the
provisions of this chapter shall be subject to seizure and forfeiture,
and all provisions of the Internal Revenue Code of 1954 relating to the
seizure, forfeiture, and disposition of firearms, as defined in section
5845 (a) of such Code, shall, so far as applicable, extend to seizures
and forfeitures under the provisions of this chapter.
" Sec. 2345. Effect on State law
"(a) Nothing in this chapter shall be construed to affect the
concurrent jurisdiction of a State to enact and enforce cigarette tax
laws, to provide for the confiscation of cigarettes and other property
seized for violation of such laws, and to provide for penalties for the
violation of such laws.
"(b) Nothing in this chapter shall be construed to inhibit or
otherwise affect any coordinated law enforcement effort by a number of
States, through interstate compact or otherwise, to provide for the
administration of State cigarette tax laws, to provide for the
confiscation of cigarettes and other property seized in violation of
such laws, and to establish cooperative programs for the administration
of such laws.
" Sec. 2346. Enforcement and regulations
" The Secretary, subject to the provisions of section 2343 (a) of
this title, shall enforce the provisions of this chapter and may
prescribe such rules and regulations as he deems reasonably necessary to
carry out the provisions of this chapter.".
Sec. 2. The table of chapters of part I of title 18, United States
Code, is amended by inserting immediately below the item relating to
chapter 113 the following:
"114. Trafficking in Contraband Cigarettes
2341."
Sec. 3. (a) Section 1(b) of the Act of August 9, 1939 (ch. 618, 53
Stat. 1291 (49 U.S.C. 781 (b))), is amended--,
(1) by striking out "or" at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof";or"; and
(3) by inserting after paragraph (3) the following new
paragraph:
"(4) Any cigarette, with respect to which there has been
committed any violation of chapter 114 of title 18, United States
Code, or any regulation issued pursuant thereto.". (b) Section 7
of the Act of August 9, 1939 (ch 618, 53 Stat. 1291
(49 U.S.C. 787)))8 is amended--,
(1) by striking out "and" at the end of subsection (e);
(2) by striking out the period at the end of subsection (f) and
inserting in lieu thereof";and";and
(3) by inserting after subsection (f) the following new
subsection:
"(g) The term 'cigarettes' means 'contraband cigarettes' as now or
hereafter defined in section 2341 of title 18, United States Code.".
(c) Section 1961(1) (B) of title 18, United States Code, is amended
by inserting after "sections 2314 and 2315 (relating to interstate
transportation of stolen property)," the following: "sections 2341 -
2346 (relating to trafficking in contraband cigarettes),". Sec. 4. (a)
Except as provided in subsection (b), this Act shall take effect on the
date of its enactment.
(b) Sections 2342 (b) and 2343 of title 18, United States Code, as
enacted by the first section of this Act, shall take effect on the first
day of the first month beginning more than 120 days after the date of
the enactment of this Act.
Sec. 5. There are hereby authorized to be appropriated such sums as
may be necessary to carry out the provisions of chapter 114 of title 18,
United States Code, added by the first section of this Act.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 1629, accompanying H.R. 8853 (Comm. on the
Judiciary) and No. 95 - 1778 (Comm. of Conference).
SENATE REPORT No. 95 - 962 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1978):
Sept. 29, considered and passed Senate.
Oct. 3, H.R. 8853 considered and passed House; passage
vacated, and S. 1487, amended, passed in lieu.
Oct. 15, House agreed to conference report.
Oct. 15, Senate agreed to conference report.
PUBLIC LAW 95-574, 92 STAT. 2459, FEDERAL RAILROAD SAFETY
AUTHORIZATION ACT OF 1978.
authorize additional
appropriations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Federal Railroad Safety
Authorization Act of 1978".
Sec. 2. Section 212 of the Federal Railroad Safety Act of 1970 (45
U.S.C. 441) is amended to read as follows: " Sec. 212. AUTHORIZATION
FOR APPROPRIATIONS.
"(a) There are authorized to be appropriated to carry out the
provisions of this Act not to exceed $37,725,000 for the fiscal year
ending September 30,1979, and not to exceed $37,725,000 for the fiscal
year ending September 30, 1980.
"(b) The amounts appropriated under subsection (a) of this section
for a fiscal year shall be available for expenditure in such fiscal year
as follows:
"(1) For the Office of Safety, including salaries and expenses
for not more than (A) 600 safety inspectors, (B) 45 signal and
train control inspectors, and (C) 125 clerial personnel, not to exeed
$20,725,000. Such funds shall be available for travel expenses of
safety inspectors for not less than 20 days per month.
"(2) To carry out the provisions of section 206(d) of this Act,
relating to State safety programs, not to exceed $3,500,000.
"(3) For the Federal Railroad Administration, for salaries and
expenses not otherwise provided for, not to exceed $3,500,000.
"(4) For conducting safety research and development activities
under this Act, not to exceed $10,000,000. Sums appropriated
under this section for research and development, automated track
inspection, and the State safety grant program are authorized to remain
available until expended.".
Sec. 3. Not less than 50 percent of the funds appropriated to the
Secretary of Transportation for any fiscal year to conduct railroad
research and development programs under the Federal Railroad Safety Act
of 1970 or any other Act shall be available for safety resarch, improved
track inspection and data acqisition technology, improved rail freight
service, and improved rail passenger systems.
Sec. 4. (a) Section 3 A(a) of the Hours of Service Act (45 U.S.C.
63a(a) is amended by adding at the end thereof, without paragraph
indention, the following:
" Whenever the time on duty of an individual is broken or interrupted
by any period of time off duty of less than eight consecutive hours,
such individual may be on duty for not more than twelve hours during a
twenty-four-hour period, if such individual has had at least eight
consecutive hours off duty immediately before reportig for duty, or,
where required by paragraph (1) of this subsection, at least ten
consecutive hours off duty immediately before so reporting. After an
individual has been on duty for a total of twelve hours during a period
of twenty-four hours as permitted by the foregoing sentence, or at the
end of such twenty-four-hour period, whichever occurs first, such
individual shall not be required or permitted to continue on duty or to
go on duty until he has had at least eight consecutive hours off duty.
For purposes of this subsection, a twenty-four-hour period shall begin
when an individual reports for duty immediately after he has had at
least eight consecutive hours off duty or, where required by paragraph
(1) of this subsection, at least ten consecutive hours off duty.".
(b) Section 3 A(c) of the Hours of Service Act (45 U.S.C. 63a(c)) is
amended to read as follows: "(c) For purposes of this section, time on
duty shall commence when an individual reports for duty and terminate
when an individual is finally released from duty, except that--,
"(1) time spent in travel on return from a trouble call,
whether directly to the individual's residence or by way of the
individual's
headquarters, shall be considered neither time on duty nor time off
duty, except that up to sixty minutes of such time on return from the
final trouble call of a period of continuous or broken service shall be
considered time off duty;
"(2) if, at the expiration of scheduled duty hours, an
individual has not completed the trip from the final outlying
worksite of the
duty period to the individual's headquarters or from the final outlying
worksit of the worksite directly to the individual's residence, then the
time
spent in travel outside the scheduled duty hours which is required
to complete the trip to such headquarters or directly to such residence,
as the case may be, shall be considered neither time on duty nor time
off duty;
"(3) if an individual is released from duty at an outlying
worksite
prior to the end of such individual's scheduled duty hours in order to
comply with this section, the period of time required
for the trip from the outlying worksite to the individual's
headquarters,
or the peirod ot time required for the trip from the
outlying worksite direct to the individual's residence, as the
case
may be, shall be considered neither time on duty nor time off duty;
"(4) all time spent in transportation on an ontrack vehicle,
including time referred to in paragraphs (1), (2), and (3) of this
subsection, shall be considered time on duty; and
"(5) (A) regularly scheduled meal periods and other release
periods of thirty minutes or more up to sixty minutes shall be
considered time off duty but shall not break an individual's
continuity of service for purposes of this section, and (B)
release periods of more than one hour shall be considered time off
duty and shall break an individual's continuity of service for
purposes
of this section.".
(c) The amendments made by this section shall be effective as of july
8, 1976, except that no action or conduct which occurred during the
period begining on such date and ending on the date of enactment of this
Act and which was lawful under the Hours of Service Act as in effect on
July 8, 1976, shall be deemed to be unlawful under such Act as amended
by this Act.
HOURS OF SERVICE ACT; COMMERCE REQUIREMENT
Sec. 5. Subsection (a) of the first section of the Hours of Service
Act (45 U.S.C. 61(a)) is amended to read as follows: "(a) this Act
shall apply to any common carrier engaged in interstate or foreign
commerce by railroad.".
Sec. 6. Subsection (b) of the first section of the Hours of Service
Act (45 U.S.C. 61(b)) is amended by adding at the end thereof the
following new paragraph:
"(4) The term 'designated terminal' means the home terminal and the
away from home terminal for the assignment of a particular crew. Time on
duty shall not include interim rest periods of four or more hours
between designated terminals where the employee is prevented from
reaching his or her designated terminal by act of God, track
obstruction, casualty, derailment or major disabling equipment failure,
which derailment or disabling equipment failure was the result of a
cause not known to the carrier or its officer or agent in charge of the
employee at the time such employee left the designated terminal, and
which could not have been foreseen, and only then at a place where
suitable facilities for food and lodging are available.".
Sec.7. (a) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6) is
amended by inserting " assessed by the Secretary of Transporation and"
immediately after "shall be liable to a penalty of not less than $250
and not more than $2,500 for each and every such violation, to be".
(b) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13) is amended
by inserting "assessed by the Secretary of Transportation and"
immediately after "shall be liable to a penalty of not less than $250
and not more than $2,500 for each and every such violation, to be".
(c) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34) is
amended by inserting "assessed by the Secretary of Transportation and"
immediately after "shall be liable to a penalty of not less than $250
and not more than $2,500 for each and every such violation, to be".
(d) Section 25(h) of part I of the Interstate Commerce Act (49 U.S.
C. 26(h)), is amended by inserting "assessed by the Secretary of
Transportation and" immediately after "shall be liable to a penalty of
not less than $250 and not more than $2,500 for each and every day such
violation, refusal, or neglect continues, to be".
Sec. 8. The first sentence of section 207 of the Federal Railroad
Safety Act of 1970 (45 U.S.C. 436) is amended to read as follows: " In
any case in which the Secretary has failed to assess the civil penalty
applicable under section 209 of this title, or no civil action has been
commenced to obtain injunctive relief under section 210 of this title,
with respect to a violation of any railroad safety rule, regulation,
order, or standard issued under this title, within 90 days after the
date on which notification was received by the Secretary from a State
agency participating in investigative and surveillance activities under
the provisions of section 206 of this title, that State agency may apply
to the district court of the United States within the jurisdiction of
which the violation occurred for the enforcement of such rule,
regulation, order, or standard.".
ACCIDENT INVESTIGATIONS;
LIABILITY OF DEPARTMENT OF TRANSPORTATION'S AGENTS
Sec. 9. Section 208 of the Federal Railroad Safety Act of 1970 (45
U.S.C. 437) is amended--,
(1) by striking out subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c), respectively,
and
(2) by amending subsection (b), as so redesignated to read as
follows:
"(b) To carry out the Secretary's responsibilities under this title,
officers, employees, or agents of the Secretary are authorized to enter
upon, inspect, and examine rail facilities, equipment, rolling stock,
operations, and pertinent records at reasonable times and in a
reasonable manner. Such officers, employees, or agents shall display
proper credentials when requested, and during the course of such
inspection or examination shall be considered employees of the Federal
Government for purposes of chapter 171 of title 28 of the United States
Code.".
Sec. 10. (a) The Secretary of Transportation shall conduct a study
and evaluation concerning the safety and efficiency of rail
transportation. Such study and evaluation shall include--,
(1) a determination of the relationship of the size, weight,
and length of railroad cars (other than those contained in unit
trains) to the safety and efficiency of rail transportation; and
(2) a determination of the effect of the exclusive ownership
and control of rights-of-way by individual railroads on the safety
and efficiency of rail transportation, considering, among other
things, whether or not such rights-of-way might be better employed
under new structures of ownership or other conditions for joint
usage.
(b) Within one year after the date of enactment of this Act, the
Secretary of Transportation shall complete the portion of the study
described in subsection (a) (1) of this section.
(c) Within two years after the date of enactment of this Act, the
Secretary of Transportation shall complete the portion of the study
described in subsection (a) (2) of this section and submit a report to
the Congress setting forth the results of such study, together with
recommendations for such legislative or other action as the Secretary
deems appropriate.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1176 accompanying H.R. 12577 (Comm. on
Interstate and Foreign Commerce).
SENATE REPORT No. 95 - 865 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 25, considered and passed Senate.
Oct. 11, 13, H.R. 12577 considered and passed House; passage
vacated, and S. 3081, amended, passed in lieu.
Oct. 15, Senate concurred in House amendments.
PUBLIC LAW 95-573, 92 STAT. 2458
certain changes in the
divisions within judical districts and in the places of
holding court, and
to require the Director of the Administrative Office
of the United States
courts to conduct a study of the judicial business of
the Central District of
california and the Eastern District of New York.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 93 of title
28, United States Code, is amended--,
(1) in paragraph (1) of subsection (a), by striking out "
Kankakee,", and
(2) in subsection (b), by inserting " Kankakee," immediately
after " Iroquois,".
Sec. 2. Section 99 of title 28 of the United States Code is amended
to read as follows:
" Section 99. Maine
" Maine constitutes one judicial district.
" Court shall be held at Bangor and Portland.".
Sec. 3. The last sentence of section 112(b) of title 28, United
States Code, is amended to read as follows:
" Court for the Southern District shall be held at New York and
White Plains.".
Sec. 4. The last sentence of section 118(c) of title 28, United
States Code, is amended to read as follows:
" Court for the Western District shall be held at Erie,
Johnstown, and Pittsburgh.".
Sec. 5. Within one year after the date of enactment of this Act, the
Director of the Administrative Office of the United States Courts shall
conduct a comprehensive study of the judicial business of the Central
District of California and the Eastern District of New York, and shall
make recommendations to the Congress with respect to the need for
creation of new judicial districts from portions of the judicial
districts referred to in this section or the immediately surrounding
judicial districts.
Sec. 6. Except as provided in subsection (b) of this section, // 28
USC 93 // the provisions of this Act shall take effect 180 days after
the date of enactment of this Act.
(b) The provisions of section 5 of this Act shall take effect on the
date of enactment of this Act
(c) Noting in this Act shall affect the composition or preclude the
service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1763 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Oct. 12, considered and passed House.
Oct. 15, considered and passed Senate.
PUBLIC LAW 95-572. 92 STAT. 2453, JURY SYSTEM IMPROVEMENTS ACT OF
1978
amended, by revising
the section on fees of jurors and by providing for a
civil penalty and injunctive
relief in the event of a discharge or threatened
discharge of an employee by
reason of such employee's Federal jury service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 28 USC 1861 //
may be cited as the " Jury System Improvements
Act of 1978".
Sec. 2. (a) Section 1863(b) of title 28, United States Code, is
amended--,
(1) by striking out paragraph (7) ; and
(2) by redesignating paragraphs (8) and (9), and all references
thereto, as paragraphs (7) and (8) , respectively.
(b) Section 1866 (c) of title 28, United States Code, is amended by
striking out "paragraph (5), (6), or (7)" and inserting in lieu thereof"
paragraph (5) or (6)".
Sec. 3. (a) Section 1865 (b) (5) of title 28, United States Code, is
amended by striking out "by pardon or amnesty"
(b) Section 1869(h) of title 28, United States Code, is amended by
striking out "by pardon or amnesty.".
Sec. 4. Section 1869 of title 28, United States Code, is amended--,
(1) by striking out the period at the end of subsection (1) and
inserting in lieu thereof a semicolon; and
(2) by adding at the end thereof the following new subsection:
"(j) undue hardship or extreme inconvenience', as a basis for
excuse from immediate jury service under section 1866 (c) (1) of
this chapter, shall mean great distance, either in miles or
traveltime from the place of holding court, grave illness in the
family or any other emergency which outweighs in immediacy and
urgency the obligation to serve as a juror when summoned, or any
other factor which the court determines to constitute an undue
hardship or to create an extreme inconvenience to the juror; and
in addition, in situations where it is anticipated that a trial or
grand jury proceeding may require more than thirty days of
service, the court may consider, as a further basis for temporary
excuse, severe economic hardship to an employe which would result
from the absence of a key employee during the period of such
service;
"(k) 'publicly draw, as referred to in sections 1864 and 1866
of this chapter, shall mean a drawing which is conducted within
the district after reasonable public notice and which is open to
the public at large under the supervision of the clerk or jury
commission, except that when a drawing is made by means of
electronic data processing, 'publicly draw' shall mean a drawing
which is conducted at a data processing center located in or out
of the district, after reasonable public notice given in the
district for which juror names are being drawn, and which is open
to the public at large under such supervision of the clerk or jury
commission as the Judicial Conference of the United States shall
by regulation require; and
"(1) jury summons' shall mean a summons issued by a clerk of
court, jury commission, or their duly designated deputies,
containing either a preprinted or stamped seal of court, and
containing
the name of the issuing clerk imprinted in perprinted, type, or
facsimile manner on the summons or the envelopes transmitting the
summons.".
Sec. 5. Section 1871 of title 28, United States Code, is amended to
read as follows:
" Section 1871. Fees
"(a) Grand and petit jurors in district courts appearing pursuant to
this chapter shall be paid the fees and allowances provided by this
section. The requisite fees and allowances shall be disbursed on the
certificate of the clerk of court in accordance with the procedure
established by the Director of the Administrative Office of the United
States Courts. Attendance fees for extended service under subsection
(b) of this section shall be certified by the clerk only upon the order
of a district judge.
"(b)(1) A juror shall be paid an atendance fee of $30 per day for
actual attendance at the place of trial or hearing. A juror shall also
be paid the attendance fee for the time necessarily occupied in going to
and returning from such place at the begining and end of such service or
at any time during such service. "(2) A petit juror required to attend
more than thirt days in hearing one case may be paid, in the discretion
of the trial judge, an additional fee, not exceeding $5 more than the
attendance fee,for each day in excess of thirty days on which he is
required to hear such case. "(3) A grand juror required to attend more
than forty-five days of actual service may be paid, in the discretion of
the district judge in charge of the particular grand jury, an additional
fee, not exceeding $5 more than the attendance fee, for each day in
excess of forty-five days of actual service. "(4) A grand or petit juror
required to attend more than ten days of actual service may be paid, in
the discretion of the judge, the appropriate fees at the end of the
first ten days and at the end of every ten days of service thereafter.
"(5) Certification of additional attendance fees may be ordered by the
judge to be made effective commencing on the first day of extended
service, without reference to the date of such certification. "(c)(1) A
travel allowance not to exceed the maximum rate per mile that the
Director of the Administrative Office of the United States Courts has
prescribed pursuant to section 604(a) (7) of this title for payment to
supporting court personnel intravel status using privately owned
automobiles shall be paid to each juror, regardless of the mode of
transportation actually employed. The prescribed rate shall be paid for
the distance necessarily traveled to and from a juror's residence by the
shortest practical route in going to and returning from the place of
service. Actual mileage in full at the prescribed rate is payable at
the beginning and the end of a juror's term of service. "(2) The
Director shall promulgate rules regulating interim travel allowances to
jurors. Distances traveled to and from court should coincide with the
shortest practical route. "(3) Toll charges for toll roads, bridges,
tunnels, and ferries shall be paid in full to the juror incurring such
charges. In the discretion of the court, resonable parking fees may be
paid to the juror incurring such fees upon presentation of a valid
parking receipt. Parking fees shall not be included in any tabulation
of mileage cost allowances. "(4) Any juror who travels to district
court pursuant to summons in an area outside of the contiguous
forty-eight States of the United States shall be paid the travel
expenses provided under this section, or actual reasonable
transportation expenses subject to the discretion of the district judge
or clerk of court as circumstances indicate, exercising due regard for
the mode of transportation, the availability of alternative modes, and
the shortest practical route between residence and court. "(d)(1) A
subsistence allowance covering meals and lodging of jurors shall be
established from time to time by the Director of the Administrative
Office of the United States Courts pursuant to section 604 (a)(7) of
this title, except that such allowance shall not exceed the allowance
for supporting court personnel in travel status in the same geographical
area. Claims for such allowance shall not require itemization. "(2) A
subsistence allowance shall be paid to a juror when an overnight stay is
required at the place of holding court, and for the time necessarily
spent in traveling to and from the place of attendance if an overnight
stay is requied "(3) A subsistence allowance for jurors serving in
district courts outside of the contiguous forty-eight States of the
United States shall be allowed at a rate not to exceed that per diem
allowance which is paid to supporting court personnel in travel status
in those areas where the Director of the Administrative Office of the
United States Courts has prescribed an increased per diem fee pursuant
to section 604 (a)(7) of this title. "(e) During any period in which a
jury is ordered to be kept together and not to separate, the actual cost
of subsistence shall be paid upon the order of the court in lieu of the
subsistence allowances payable under subsection (d) of this section.
Such allowance for the jurors ordered to be kept separate or sequestered
shall include the cost of meals, lodging, and other expenditures ordered
in the discretion of the court for their convenience and comfort. "(f) A
juror who must necessarily use public transportation in traveling to and
from court, the full cost of which is not met by the transportation
expenses allowable under subsection (c) of this section on account of
the short distance traveled in miles, may be paid, in the discretion of
the court, the actual reasonable expense of such public transpotation,
pursuant to the methods of payment provided by this section. Jurors who
are required to remain at the court beyond the normal business closing
hour for deliberation or for any other reason may be transported to
their homes, or to temporary lodgings where such lodgings are ordered by
the court, in a manner directed by the clerk and paid from funds
authorized under this section. "(g) The Director of the Administrative
Office of the United States Courts shall promulgate such regulations as
may be necessary to carry out his authority under this section.".
Sec. 6. (a)(1) Chapter 121 of title 28, United States Code, is
amended by adding at the end thereof the following new section:
Section 1875. // 28 USC 1875. // Protection of jurors' employment
"(a) No employer shall discharge, threaten to discharge, intimidate,
or coerce any permanent employee by reason of such employee's jury
service, or the attendance or scheduled attendance in connection with
such service, in any court of the United States. "(b) Any employer who
violates the provisions of this section--,
"(1) shall be liable for damages for any loss of wages or other
benefits suffered by an employee by reason of such violation;
"(2) may be enjoined from further violations of this section
and ordered to provide other appropriate relief, including but
not limited to the reinstatement of any employee discharged by reason of
his jury service; and
"(3) shall be subject to a civil penalty of not more than
$1,000 for each violation as to each employee.
"(c) Any individual who is reinstated to a position of employment in
accordance with the provisions of this section shall be considered as
having been on furlough or leave of absence during his period of jury
service, shall be reinstated to his position of employment without loss
of seniority,and shall be entitled to participate in insurance or other
benefits offered by the employer pursuant to esablished rules and
practices relating to employees on furlough or leave of absence in
effect with the employer at the time such individual entered upon jury
service.
"(d) An individual claiming that his employer has violated the
provisions of this section may make application to the district court
for the district in which such employer maintains a place of business
and the court shall, upon finding probable merit in such claim, appoint
counsel to represent such individual in any action in the district court
neccessary to the resolution of such claim. Such counsel shall be
compensated and necessary expenses repaid to the extent provided by
section 3006 A of title 18, United States Codes.
"(2) In any action or proceeding under this section, the court may
award a prevailing employee who brings such action by retained counsel a
reasonable attorney's fee as part of the costs. The court may award a
prevailing employer a reasonable attorney's fee as part of the costs if
the court determines that the action is frivolous, vexatious, or brought
in bad faith.".
(2) The chapter analysis of chapter 121 of title 28, United States
Code, is amended by adding at the end thereof the following new item:
"1875. Protection of jurors' employment.".
(b)(1) Chapter 85 of title 28, United States Code, is amended by
redesignating section 1363, and all refernces thereto, as section 1364,
and by inserting immediately after section 1362 the following new
section:
" Section 1363. // 28 USC 1363 // Jurors' employment rights
" The district courts shall have original jurisdiction of any civil
action brought for the protection of jurors' employment under section
1875 of this title.".
(2) The chapter analysis of chapter 28, United States Code, is
amended by striking out the item relating to section 1363 and inserting
in lieu thereof the following:
"1363. Jurors' employment rights.
"1364. Construction of references to laws of the United States or
Acts of Congress.".
Sec.7. (a) Except as provided in subsection (b) of this section, //
28 USC 1363 // the amendments made by this Act shall apply with respect
to any grand or petit juror summoned for service or actually serving on
or after the date of enactment of this Act.
(b) The amendment made by section 5 of this Act shall apply with
respect to any grand or petit juror serving on or after the sixtieth day
following the date of enactment of this Act
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT no. 95 - 1652 (Comm. on the Judiciary).
SENATE REPORT No. 95 - 757 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 27, considered and passed Senate.
Oct. 12, considered and passed House, amended.
Oct. 13, Senate concurred in House amendment.
PUBLIC LAW 95-571, 92 STAT. 2452
to acquire certain lands
for the benefit of the Mille Lacs Band of the
Minnesota Chippewa Indians.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, Section 1. (a) The
Secretary of the Interior is authorized, if he finds legal title to such
lands to be in private ownership, to acquire by purchase the following
described lands: Government lot 4, section 28, township 43 north, range
27 west, fourth principal meridian, Mille Lacs County, Minnesota.
(b) Lands acquired by the Secretary pursuant to subsection (a) shall
be held by the United States in trust for, and for the benefit and use
of, the Mille Lacs Band of the Minnesota Chippewa Indians.
Sec. 2. There is authorized to be appropriated such sum as may be
necessary to carry out the purposes of this Act. The purchase price of
said lands shall be an amount equal to their fair market value.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
Oct. 14, considered and passed House.
Oct. 15, considered and passed Senate.
PUBLIC LAW 95-570, 92 STAT. 2445
the White House Office
and the Executive Residence at the White House, to
clarify the authority for
employment of personnel by the President to meet
unanticipated needs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) sections 105
and 106 of title 3, United States Code, are amended to read as follows:
" Sec. 105. (a)(1) subject to the provisions of paragraph (2) of this
subsection, the President is authorized to appoint and fix the pay of
employees in the White House Office without regard to any other
provision of law regulating the employment or compensation of persons in
the Government services. Employees so appointed shall perform such
official duties as the President may prescribe.
"(2) The President may, under paragraph (1) of this subsection,
appoint and fix the pay of not more than--,
"(A) 25 employees at rates not to exceed the rate of basic pay
then currently paid for level II of the Executive Schedule of
section 5313 of title 5; and in addition
"(B) 25 employees at rates not to exceed the rate of basic pay
then currently paid for level III of the Executive Schedule of
section 5314 of title 5; and in addition
"(C) 50 employees at rates not to exceed the maximum rate of
basic pay then currently paid for GS-18 of the General Schedule
of section 5332 of title 5; and in addition
"(D) such number of other employees as he may determine to
be appropriate at rates not to exceed the minimum rate of basic
pay then currently paid for GS-16 of the General Schedule of
section 5332 of title 5.
"(b)(1) Subject to the provisions of paragraph (2) of this
subsection, the President is authorized to appoint and fix the pay of
employees in the Executive Residence at the White House without regard
to any other provision of law regulating the employment or compensation
of persons in the Government service. Employees so appointed shall
perform such official duties as the President may prescribe.
"(2) The President may, under paragraph (1) of this subsection,
appoint and fix the pay of not more than--,
"(A) 3 employees at rates not to exceed the maximum rate of
basic pay then currently paid for GS- 18 of the General Schedule
of section 5332 of title 5; and in addition
"(B) such number of other employees as he may determine to be
appropriate at rates not to exceed the minimum rate of basic pay
then currently paid for GS- 16 of the General Schedule of section
5332 of title 5.
"(c) The President is authorized to procure for the White House
Office and the Executive Residence at the White House, as provided in
appropriation Acts, temporary or intermittent services of experts and
consultants, as described in and in accordance with the first two
sentences of section 3109(b) of title 5--,
"(1) in the case of the White House Office, at respective daily
rates of pay for individuals which are not more than the daily
equivalent of the rate of basic pay then currently paid for level
II of the Executive Schedule of section 5313 of title 5; and
"(2) in the case of the Executive Residence, at respective
daily rates of pay for individuals which are not more than the
daily equivalent of the maximum rate of basic pay then currently
paid for GS - 18 of the General Schedule of section 5332 of title
5.
Notwithstanding such section 3109(b), temporary services of any expert
or consultant described in such section 3109(b) may be procured for a
period in excess of one year if the President determines such
procurement is necessary.
"(d) There are authorized to be appropriated each fiscal year to the
President such sums as may be necessary for--,
"(1) the care, maintenance, repair, alteration, refurnishing,
improvement, air-conditioning, heating, and lighting (including
electric power and fixtures) of the Executive Residence at the
White House;
"(2) the official expenses of the White House Office;
"(3) the official entertainment expenses of the President;
"(4) the official entertainment expenses for allocation within
the Executive Office of the President; and
"(5) the subsistence expenses of persons in the Government
service while traveling on official business in connection with
the travel of the President.
Sums appropriated under this subsection for expenses described in
paragraphs (1), (3), and (5) may be expended as the President may
determine, notwithstanding the provisions of any other law. Such sums
shall be accounted for solely on the certificate of the President,
except that, with respect to such expenses, the Comptroller General may
inspect all necessary books, documents, papers, and records relating to
any such expenditures solely for the purpose of verifying that all such
expenditures related to expenses in paragraph (1), (3), or (5). The
Comptroller General shall certify to Congress the fact of such
verification, and shall report any such expenses not expended for such
purpose.
"(e) Assistance and services authorized pursuant to this section to
the President are authorized to be provided to the spouse of the
President in connection with assistance provided by such spouse to the
President in the discharge of the President's duties and
responsibilities. If the President does not have a spouse, such
assistance and services may be provided for such purposes to a member of
the President's family whom the President designates.
" Sec. 106. (a) in order to enable the Vice President to provide
assistance to the President in connection with the performance of
functions specially assigned to the Vice President by the President in
the discharge of executive duties and responsibilities, the Vice
President is authorized--,
"(1) without regard to any other provision of law regulating
the employment or compensation of persons in the Government
service, to appoint and fix the pay of not more than--,
"(A) 5 employees at rates not to exceed the rate of basic pay
then currently paid for level II of the Executive Schedule of
section 5313 of title 5; and in addition
"(B) 3 employees at rates not to exceed the rate of basic pay
then currently paid for level III of the Executive Schedule of
section 5314 of title 5; and in addition
"(C) 3 employees at rates not to exceed the maximum rate of
basic pay then currently paid for GS- 18 of the General Schedule
of section 5332 of title 5; and in addition
"(D) such number of other employees as he may determine to be
appropriate at rates not to exceed the minimum rate of basic pay
then currently paid for GS-16 of the General Schedule of section
5332 of title 5; and
"(2) to procure, as provided in appropriation Acts, temporary
or intermittent services of experts and consultants, as described
in and in accordance with the first two sentences of section
3109(b) of title 5, at respective daily rates of pay for
individuals which are not more than the daily equivalent of the
rate of basic pay then currently paid for level II of the
Executive Schedule of section 5313 of title 5.
Notwithstanding such section 3109(b), temporary services of any expert
or consultant described in such section 3109(b) may be procured under
paragraph (2) of this subsection for a period in excess of one year if
the Vice President determines such procurement is necessary.
"(b) In order to carry out the executive duties and responsibilities
referred to in subsection (a), there are authorized to be appropriated
each fiscal year to the Vice President such sums as may be necessary
for--,
"(1) the official expenses of the Office of the Vice President;
"(2) the official entertainment expenses of the Vice President;
and
"(3) the subsistence expenses of persons in the Government
service while traveling on official business in connection with
the
travel of the Vice President. Sums appropriated under this subsection
for expenses described in paragraphs (2) and (3) may be expended as the
Vice President may determine, notwithstanding the provisions of any
other law. Such sums shall be accounted for solely on the certificate
of the Vice President, except that, with respect to such expenses, the
Comptroller General may inspect all necessary books, documents, papers,
and records relating to any such expenditures solely for the purpose of
verifying that all such expenditures related to expenses in paragraph
(2) or (3). The Comptroller General shall certify to Congress the fact
of such verification, and shall report any such expenses not expended
for such prupose.
"(c) Assistance and services authorized pursuant to this section to
the Vice President are authorized tobe provided to the spouse of the
Vice President in connection with assistance provided by such spouse to
the Vice President in the discharge of the Vice President's executive
duties and responsibilities. If the Vice President does not have a
spouse, such assistance and services may be provided for such purposes
to a member of the Vice President's family whom the Vice President
designates.".
(b) The items relating to sections 105 and 106 in the table of
sections at the beginning of chapter 2 of title 3, United States Code,
// 3 USC 101. // amended to read as follows:
"105. Assistance and services for the President.
"106. Assistance and services for the Vice President.".
Sec. 2. (a) Chapter 2 of title 3, United States Code, is amended by
striking out section 107 and inserting in lieu thereof the following the
new sections: " DOMESTIC POLICY STAFF AND OFFICE OF ADMINISTRATION;
PERSONNEL
" Sec. 107. (a) In order to enable the Domestic Policy Staff to
perform its functions, the President (or his designee) is authorized--,
"(1) without regard to any other provision of law regulating
the employment or compensation of persons in the Government
service, to appoint and fix the pay of not more than--,
"(A) 6 employees at rates not to exceed the rate of basic pay
then currently paid for level III of the Executive Schedule of
section 5314 of title 5; and in addition
"(B) 18 employees at rates not to exceed the maximum rate of
basic pay then currently paid for GS- 18 of the General Schedule
of section 5332 of title 5; and in addition
"(C) such number of other employees as he may determine to be
appropriate at rates not to exceed the minimum rate of basic pay
then currently paid for GS-16 of the General
Schedule of section 5332 of title 5; and
"(2) to procure, as provided in appropriation Acts, temporary
or intermittent services of experts and consultants, as described
in and in accordance with the first two sentences of section 3109
(b) of title 5, at respective daily rates of pay for individuals
which are not more than the daily equivalent of the rate of basic
pay then currently paid for level III of the Executive Schedule of
section 5314 of title 5.
"(b)(1) In order to enable the Office of Administration to perform
its functions, the President (or his designee) is authorized--,
"(A) without regard to such other provisions of law as the
President may specify which regulate the employment and
compensation of persons in the Government service, to appoint and
fix the pay of not more than--,
"(i) 5 employees at rates not to exceed the rate of basic pay
then currently paid for level III of the Executive Schedule of
section 5314 of title 5; and in addition
"(ii) 5 employees at rates not to exceed the maximum rate of
basic pay then currently paid for GS-18 of the General Schedule of
section 5332 of title 5; and
"(B) to procure, as provided in appropriation Acts, temporary
or intermittent services of experts and consultants, as described
in and in accordance with the first two sentences of section
3109(b) of title 5, at respective daily rates of pay for
individuals which are not more than the daily equivalent of the
maximum rate of basic pay then currently paid for GS-18 of the
General Schedule of section 5332 of title 5.
"(2) In addition to any authority granted under paragraph (1) of this
subsection, the President (or his designee) is authorized to employ
individuals in the Office of Administration in accordance with section
3101 of title 5 and provisions relating thereto. Any individual so
employed under the authority granted under such section 3101 shall be
subject to the limitation specified in section 114 of this title.
"(c) There are authorized to be appropriated each fiscal year such
sums as may be necessary for the official expenses of the Domestic
Policy Staff and the Office of Administration.
" Sec. 108. (a) There is authorized to be appropriated to the
President an amount not to exceed $1,000,000 each fiscal year to enable
the President, in his discretion, to meet unanticipated needs for the
furtherance of the national interest, security, or defense, including
personnel needs and needs for services described in section 3109(b) of
title 5, and administrative expenses related thereto, without regard to
any provision of law regulating the employment of persons in the
Government service or regulating expenditures of Government funds.
"(b) The President shall transmit a report to each House of the
Congress for each fiscal year beginning on or after the effective date
of this subsection which sets forth the purposes for which expenditures
were made under this section for such fiscal year and the amount
expended for each such purpose. Each such report shall be transmitted
no later than 60 days after the close of the fiscal year covered by such
report.
"(c) An individual may not be paid under the authority of this
section at a rate of pay in excess of the rate of basic pay then
currently paid for level II of the Executive Schedule of section 5313 of
title 5.".
(b) The items relating to sections 107 and 108 in the table of
sections at the beginning of chapter 2 of title 3, United States Code,
are amended to read as follows:
"107. Domestic Policy Staff and Office of Administration; personnel.
"108. Assistance to the President for unanticipated needs.".
Sec. 3. (a) Chapter 2 of title 3, United States Code, is amended by
adding at the end thereof the following new sections:
" Sec. 112. The head of any department, agency, or independent
establishment of the executive branch of the Government may detail, from
time to time, employees of such department, agency, or establishment to
the White House Office, the Executive Residence at the White House, the
Office of the Vice President, the Domestic Policy Staff, and the Office
of Administration. Any such office to which an employee has been
detailed for service to such office shall reimburse the detailing
department, agency, or establishment for the pay of each employee
thereof--,
"(1) who is so detailed, and
"(2) who is performing services which have been or would
otherwise be performed by an employee of such office, for any
period occuring during any fiscal year after 180 calendar days
after the employee is detailed in such year.
" Sec. 113. (a) The President shall transmit to each House of the
Congress, and make available to the public, reports containing
information described in subsection (b) for each fiscal year beginning
on or after the effective date of this section. Each such report shall
be transmitted no later than 60 days after the close of the fiscal year
covered by such report and shall contain a statement of such information
for such year.
"(b) Each report required under subsection (a) shall contain--,
"(1) the number of employees who are paid at a rate of basic
pay equal to or greater than the rate of basic pay then currently
paid for level V of the Executive Schedule of section 5316 of
title 5 and who are employed in the White House Office, the
Executive
Residence at the White House, the Office of the Vice President, the
Domestic Policy Staff, or the Office of Administration,and
the aggregate amount paid to such employees;
"(2) the number of employees employed in such offices who are
paid at a rate of basic pay which is equal to or greater than the
minimum rate of basic pay then currently paid for GS-16 of the
General Schedule of section 5332 of title 5 but which is less than
the rate then currently paid for level V of the Executive Schedule
of section 5316 of title V and the aggregate amount paid to such
employees;
"(3) the number of employees employed in such offices who are
paid at a rate of basic pay which is less than the minimum rate
then currently paid for GS-16 of the General Schedule of section
5332 of title V, and the aggregate amount paid to such employees;
"(4) the number of individuals detailed under section 112 of
this title for more than 30 days to each such office, the number
of days in excess of 30 each individual was detailed, and the
agregate amount of reimbursement made as provided by the
provisions of section 112 of this title; and
"(5) the number of individuals whose services as experts or
consultants are procured under this chapter for service in any
such office, the total number of days employed, and the aggregate
amount paid to procure such services.
The information required under this subsection to be in any report
shall be shown both in the aggregate and by office involved.
" Sec. 114. Notwithstanding any provision of law, other than the
provisions of this chapter, no employee of the White House office, the
Executive Residence at the White House, the Domestic Policy Staff, or
the Office of Administration, nor any employee under the Vice President
appointed under section 106 of this title, may be paid at a rate of
basic pay in excess of the minimum rate of basic pay then currently paid
for GS-16 of the General Schedule of section 5332 of title 5.".
"(b) The table of sections for chapter 2 of title 3, United States
Code, is amended by adding at the end thereof the following new items:
"112. Detail of employees of executive departments.
"113. Personnel report.
"114. General pay limitation.".
Sec. 4. Section 103 of title 3, United States Code, relating to
travel expenses of the President, is amended by striking out "$40,000"
and inserting in lieu thereof "$100,000".
Sec. 5. (a) Section 102 of title 3, United States Code, is amended by
striking out " Executive Mansion" and inserting in lieu thereof "
Executive Residence at the White House".
(b)(1) Section 109 of title 3, United States Code, is amended--,
(A) by striking out from the section caption " EXECUTIVE MANSION"
and inserting in lieu thereof " THE EXECUTIVE RESIDENCE AT
THE WHITE HOUSE", and (B) by striking out from the text "
Executive Mansion" each
place it appears and inserting in lieu thereof " Executive
Residence at the White House".
(2) The item relating to section 109 in the table of sections for
chapter 2 of such title 3 is amended by striking out " Executive
Mansion" and inserting in lieu thereof "the Executive Residence at the
White House".
(c)(1) Section 110 of title 3, United States Code, is
amended--, (A) by inserting in the section caption, immediately
before
" WHITE HOUSE" the following: " THE EXECUTIVE RESIDENCE AT
THE"; (B) by striking out " President's House" and inserting in
lieu
thereof the following: " Executive Residence at the White
House";
and (C) by striking out " White House" each place it appears
and
inserting in lieu thereof " Executive Residence at the White
House".
(2) The item relating to section 110 in the table of sections for
chapter 2 of such title is amended by inserting immediately before "
White House" the following: "the Executive Residence at the".
(d) Section 202 of such title is amended by striking out " Executive
Mansion and grounds" and inserting in lieu thereof " White House".
Sec. 6. (a) The amendments made by this Act shall apply to any fiscal
year which begins on or after October 1, 1978.
(b) In the case of an individual--, (1) who is an employee of
the Office of Administration as of the
date of the enactment of this Act, and (2) whose position would
be terminated or whose rate of basic
pay would be reduced (but for this subsection) by reason of
section 107(b) of title 3, United States Code (as amended by this
Act),
such employee may be allowed to continue to hold such position and
receive basic pay at the rate in effect on the effective date of this
Act during the period which begins on such date and ends 2 years after
such date so long as such employee continues as an employee of the
Office of Administration.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 979 (Comm. on Post Office and Civil Service)
and No. 95 - 1639 (Comm. of Conference).
SENATE REPORTS: No. 95 - 868 (Comm. on Governmental Affairs) and No.
95 - 1258 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 4, considered in House and failed of passage.
Apr. 13, considered and passed House.
July 13, 14, considered and passed Senate, amended.
Oct. 7, Senate agreed to conference report.
Oct. 15, House agreed to conference report.
PUBLIC LAW 95-569, 92 STAT. 2444
support museum facilities.
Be it enacted by the Senate and House of Representatives of the
United States of American in Congress assembled, That (a) the first
section of the Act entitled " An Act to authorize the Smithsonian
Institution to plan museum support facilities", approved September 19,
1975 (Public Law 94 - 98), is amended by inserting, "and to construct,"
after "to prepare plans for".
(b) The first section of such Act is further amended by adding at the
end thereof the following new sentence: " No appropriation shall be
made to construct the facilities authorized by this Act until the
Committee on Public Works and Transportation of the House of
Representatives and the Committee on Rules and Administration of the
Senate, by resolution approve the final plans and specifications of such
facilities.".
(c) Effective October 1, 1979, section 3 of such Act is amended to
read as follows:
" Sec. 3. There is authorized to be appropriated to the Smithsonian
Institution $21,500,000 to carry out the purposes of this Act. Any
portion of the sums appropriated for such purposes may be transferred to
the General Services Administration which, in consultation with the
Smithsonian Institution, is authorized to enter into contracts and take
such other action, to the extent of the sums so transferred to it, as
may be necessary to carry out such purposes.".
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1559 (Comm. on Public Works and
Transportation).
SENATE REPORT No. 95 - 783 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 9, considered and passed Senate.
Sept. 25, considered and passed House, amended.
Oct. 2, Senate concurred in House amendments with an amendment.
Oct. 14, House concurred in Senate amendment.
PUBLIC LAW 95-568, 92 STAT. 2425, ECONOMIC OPPORTUNITY AMENDMENTS OF
1978
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 42 USC
2701 // may be cited as the " Economic Opportunity Amendments of 1978".
Sec. 2. It is the purpose of this Act // 42 USC 2701 // to extend
and revise programs under title I through title IX of the Economic
Opportunity Act // 42 USC 2711 - 2995. // of 1964 (hereinafter in this
Act referred to as the " Act").
Sec. 3. (a) Section 103 of the Act (42 U.S.C. 2713) is amended by
striking out", whenever feasible,".
(b) Title I of the Act (42 U.S.C. 2711 et seq.) is amended by adding
at the end thereof the following new section:
" Sec. 106. // 42 USC 2716. // There is authorized to be
appropriated for the purpose of carrying out the provisions of this
title $5,000,000 for fiscal year 1979, $6,000,000 for fiscal year 1980,
and $8,000,000 for fiscal year 1981.".
Sec. 4. (a) Section 210(c) of the Act (42 U.S.C. 2790(c)) is amended
by inserting after the first sentence thereof the following new
sentences: " The Director, in determining whether a county or
multicounty unit is eligible to be served by a community action agency
under this title, shall not apply, as the sole criterion for
eligibility, any requirement or restriction relating to the number of
individuals residing in the county or multicounty unit if at least 20
per centum of the families and unrelated individuals residing in such
unit have incomes below the poverty line as determined by the Bureau of
Census from the most recent census or survey. No new community action
agency may be designated under subsection (a) within a county or
multicounty unit if--,
"(1) such county or multicounty unit has a population of less
than 50,000;
"(2) such county or multicounty unit was served by an existing
community action agency on June 1, 1978; and
"(3) the new community action agency would serve a smaller
geographical area than that served by an existing community action
agency on June 1, 1978.".
(b) Section 210(d) of the Act (42 U.S.C. 2790(d)) is amended by
inserting", in accordance with regulations promulgated by the Director"
after "determines".
(c) The first sentence of section 211(b) of the Act (42 U.S.C. 2791
(b)) is amended--,
(1) by inserting", and not less than fifteen," after
"fifty-one"; and
(2) by inserting "currently holding office" after "officials"
the first place it appears in clause (1).
(d) Section 213 of the Act (2 U.S.C. 2796) is amended by adding at
the end thereof the following new subsection:
"(c) The Director shall annually review, and consult with State
economic opportunity offices authorized under section 231(a), for the
purposes of updating and simplifying, all relevant regulations and
guidelines applicable to programs funded under this Act, // 42 USC 2921
// except with respect to programs funded under title V and or title X.
Sec. 5. (a) (1) Section 222(a) of the Act (42 U.S.C. 2809(a)) is
amended by inserting after the fourth sentence thereof the following new
sentence: " In no event shall the Director provide financial assistance
under this title to a public or private nonprofit agency other than a
community action agency in an area in which a community action agency
exists without prior notification of such financial assistance to the
board of such community action agency and to any State economic
opportunity office in the State in which financial assistance is
provided.".
(2) Section 222(a) of the Act is amended--,
(A) by redesignating paragraph (5) thereof as paragraph (1);
(B) by redesignating paragraph (7) thereof as paragraph (2);
(C) by redesignating paragraph (10) thereof as paragraph (3);
(D) by redesignating paragraph (11) thereof as paragraph (4);
(E) by redesignating paragraph (12) thereof as paragraph (5);
and
(F) by redesignating paragraph (13) thereof as paragraph (6).
(b) (1) The last sentence of section 222 (a) (1) of the Act, as so
redesignated by subsection (a) (2), is amended by inserting before the
period at the end thereof a comma and the following: "or through a
local public or private nonprofit organization or agency providing
services to migrant or seasonal farmworkers or Native Americans".
(2) The last sentence of section 222 (a) (2) of the Act, as so
redesignated by subsection (a) (2), is amended by striking out the
period at the end thereof and inserting in lieu thereof a comma and the
following: "and other Federal agencies providing services to the
elderly poor. The Director shall seek, to the maximum extent feasible,
the utilization of agencies funded under setion 221 for the provision of
such services available under titles III, V, and VII of the Older
Americans Act of 1965, // 42 USC 3021, 3041, 3045a. // or such other
Federal programs serving the elderly poor.".
(c) (1) The second sentence of section 222(a) (4) of the Act, as so
redesignated by subsection (a) (2), is amended by striking out "serving"
and inserting in lieu thereof "or to local public or private non-profit
organizations or agencies providing services to migrant or seasonal
farmworkers or Native Americans which serve".
(2) The third sentence of section 222(a) (4) of the Act, as so
redesignated by subsection (a) (2), is amended by inserting "and
programs under the Comprehensive Employment and Training Act of 1973" //
29 USC 801 // after " Mainstream programs".
(d) Section 222(a) (5) of the Act, as so redesignated by subsection
(a) (2), is amended by adding the following new sentence at the end
thereof: " In carrying out programs to lessen the impact of the high
cost of energy to migrants, other seasonally employed farmworkers, and
Native Americans, the Director shall utilize local public or private
nonprofit organizations or agencies where feasible. Eligibility for any
of the programs authorized under this section shall not be based solely
on delinquency in payment of fuel bills.".
(e) Section 222(a) (6) of the Act, as so redesignated by subsection
(a) (2), is amended to read as follows:
"(6) A program to be known as ' Summer Youth Recreation'
designed to provide recreational opportunities for low-income
children during the summer months. Funds made available for this
paragraph shall be allocated by the Director among community
action agencies where feasible, or other public or private
nonprofit agencies where no such community action agency exists or
is able to administer a program, to provide recreational
opportunities for low-income children during the summer months.".
(f) Section 222 (a) of the Act is amended by adding the following new
paragraph at the end thereof:
"(7) A program to be known as ' Demonstration Employment and
Training Opportunities' designed to establish experimental
employment and training programs and projects for low-income
persons who are unemployed or underemployed, with special emphasis
on youth, the structurally unemployed (sepecially those dependent
on public assistance), single heads of households with dependent
children, older workers, and veterans. The Director may make
grants to community action agencies, community economic
development corporations (as designated under title VII),
// 42 USC 2981. //
and public or private nonprofit organizations and agencies for
experimental programs and activities including, but not limited
to, providing innovative approaches to employment and training
programs, which shall, if necessary, make available to
participants comprehensive supportive services; developing
programs and linkages for low-income persons to achieve
satisfactory transition from either unemployment or federally
subsidized jobs to employment that is not federally subsidized;
and developing training programs, with special consideration for
community development corporations, designed to place
disadvantaged youth in the private sector. The Director and the
Secretary of Labor shall assure a full exchange of information
concerning the employment and training programs subject to their
respective jurisdictions in order to assure the most effective and
responsive demonstration programs and activities. Any employment
and training activities assisted in whole or part with funds made
available under this paragraph shall be subject to the applicable
conditions, labor standards, and benefits set forth in the
Comprehensive Employment and Training Act of 1973
// 29 USC 801 //
and other related laws".
(g) The first sentence of section 225 (c) of the Act (42 U.S.C. 2812
(c)) is amended to read as follows: " Unless otherwise provided in this
part, financial assistance extended to a community action agency or
other agency pursuant to section 221 and section 222 (a) // 42 USC 2808,
// shall not exceed 80 per centum of the approved cost of the assisted
programs or activities.".
Sec. 6. (a) Section 230 of the Act (42 U.S.C. 2824) // 42 USC 2823.
// is amended--,
(1) by striking out "may" in the first sentence and inserting
in lieu thereof "shall"; and
(2) by striking out "may" in the last sentence and inserting in
lieu thereof "shall, to the extent feasible,".
(b) (1) Section 231 (a) (1) of the Act (42 U.S.C. 2824(a) (1)) is
amended by inserting before the semicolon at the end thereof a comma and
the following: "with priority to programs funded under section 221 and
section 222". // 42 USC 2808, 2809. //
(2) Section 231(a) of the Act (42 U.S.C. 2824(a)) is amended--,
(A) in paragraph (3) thereof, by striking out "and" at the end
thereof;
(B) in paragraph (4) thereof, by striking out the period at the
end thereof and inserting in lieu thereof a semicolon; and
(C) by adding at the end thereof the following new paragraphs:
"(5) to advise the Director and the chief elected official of
the State on the status and impact of State and Federal programs
and services affecting low-income individuals in the State; and
"(6) to assist programs funded under section 221 and section
222 in coordinating and utilizing services available through other
State agencies.".
(c) The third sentence of section 232(b) of the Act (42 U.S.C. 2825
(b)) is amended by striking out "minimizing" and inserting in lieu
thereof "preventing".
(d) Part C of title II of the Act (42 U.S.C. 2824 et seq.) // 42 USC
2823. // is amended by striking out section 236 and by redesignating
section 237 // 42 USC 2829 2830. // as section 236.
(e) Section 236 of the Act, as so redesignated by subsection (d), is
amended by striking out "two" and inserting in lieu thereof "six".
Sec. 7. (a) Part D of title II of the Act (42 U.S.C. 2832 et seq.)
is amended by striking out section 240.
(b) Section 244(2) of the Act (42 U.S.C. 2836(2)) is amended by
striking out "$15,000" each place it appears therein and inserting in
lieu thereof "$18,000", and by striking out "(particularly in large
metropolitan areas)".
(c) Section 245 of the Act (42 U.S.C. 2837) is amended by striking
out "eleven" and inserting in lieu thereof "fourteen".
Sec. 8. (a) Title III of the Act (42 U.S.C. 2855 et seq.) is
amended--,
(1) by striking out the title " Part A -- Rural Loan Programs";
(2) by striking out part B and C thereof; and
(3) by adding at the end thereof the following new section:
" Sec. 307. // 42 USC 2856. // There is authorized to be
appropriated for the purpose of carrying out the provisions of this
title $3,000,000 for fiscal year 1979, $5,000,000 for fiscal year 1980,
and $7,000,000 for fiscal year 1981.".
(b) (1) Section 301 of the Act (42 U.S.C. 2841) is amended by
striking out "part" and inserting in lieu thereof "title".
(2) Section 306(d) of the Act (42 U.S.C. 2855(d)) is amended by
striking out "part" each place it appears therein and inserting in lieu
thereof "title".
Sec. 9. Title IV of the Act (42 U.S.C. 2701 et seq.) is amended to
read as follows:
" Sec. 401. The purpose of this title // 42 USC 2901 // to assist
migrant and seasonal farmworkers and their families to improve their
living conditions and develop skills necessary for a productive and
self-sufficient life in an increasingly complex and technological
society.
" Sec. 402. // 42 USC 2902 // (a) The Director may provide financial
assistance to assist State and local agencies, private nonprofit
institutions, and cooperatives in developing and carrying out programs
to fulfill the purpose of this title.
"(b) Programs assisted under this title may include projects or
activities--,
"(1) to meet the immediate needs of migrant and seasonal
farmworkers and their families, such as day care for children,
education, health services, improved housing and sanitation
(including the provision and maintenance of emergency and
temporary housing and sanitation facilities), legal advice and
representation, and consumer training and counseling;
"(2) to promote increased community acceptance of migrant and
seasonal farmworkers and their families; and
"(3) to equip unskilled migrant and seasonal farmworkers and
members of their families, as appropriate, through education and
developmental programs to meet the changing demands in
agricultural employment brought about by technological advancement
and to take advantage of opportunities available to improve their
well-being and self-sufficiency by gaining regular or permanent
employment or by participating in available federally assisted
employment or training programs.
" Sec. 403. // 42 USC 2903. // (a) Assistance may not be extended
under this title unless the Director determines that the applicant will
maintain its prior level of effort in similar activities.
"(b) The Director shall establish necessary procedures or
requirements to assure that programs under this title are carried out in
coordination with other programs or activities providing assistance to
the persons and groups served.
" Sec. 404. // 42 USC 2904. // The Director may provide directly or
through grants, contracts, or other arrangements, such technical
assistance or training of personnel as may be required to implement
effectively the purpose of this title.
" Sec. 405. // 42 USC 2905. // The Director shall be responsible for
coordinating programs under this title with other Federal programs
designed to assist or serve migrant and seasonal farmworkers, for
reviewing and monitoring such programs, and for insuring that programs
assisted under this title cooperate with and receive the cooperation of
programs assisted under section 221 in communities which such programs
mutually serve. Programs under this title shall be administered at the
national level.
" Sec. 406. // 42 USC 2906. // There are authorized to be
appropriated for carrying out the purposes of this title $3,000,000 for
fiscal year 1979, $5,000,000 for fiscal year 1980 $8,000,000 for fiscal
year 1981.".
Sec. 10. (a) Section 512 of the Act (42 U.S.C. 2928a) is amended by
striking out "1975 through 1977" and inserting in lieu thereof "1979
through 1981".
(b)(1) Section 513(a) of the Act (42 U.S.C. 2928b(a)) is amended to
read as follows:
"(a)(1) Of the sums appropriated pursuant to section 512 for any
fiscal year beginning after September 30, 1978, the Secretary shall
allot such sums in accordance with paragraphs (2) through (4).
"(2) The Secretary shall allot at least 78 percent among the States,
in accordance with the latest satisfactory data available, so that equal
proportions are distributed on the basis of--,
"(A) the relative number of recipients receiving payments under
the program of aid to families with dependent children under a
State plan approved under part A oftitle IV of the Social Security
Act
// 42 USC 601. //
in each State as compared to all States; and
"(B) the relative number of related children from birth through
5 years of age living with families with incomes below the poverty
line in each State as compared to all States.
"(3)(A) Subject to the provisions of subsection (b), the Secretary
shall reserve 20 percent of the sums so appropriated for each fiscal
year for use in accordance with the following order of priorities:
"(i) funding shall be given with equal consideration to Indian
and migrant Headstart programs and to services for handicapped
children, except that--,
and
migrant Headstart programs, nationally, no less funds
for
fiscal year 1979 and thereafter than were obligated for
use
by Indian and migrant Headstart programs in fiscal
year
1978, and
minimum
reflect changes in the Consumer Price Index
published by
the Bureau of Labor Statistics of the United
States Department
of Labor) shall be made with respect to such Indian
and
migrant Headstart programs in fiscal year 1979 and
thereafter;
"(ii) payments shall be made available to each State or
territory, if necessary, to maintain such State or territory at a
level of funding equal to its level of funding for fiscal year
1978;
"(iii) training and technical assistance activities which, at a
minimum, are sufficient to meet the needs associated with program
expansion and to foster program and management improvement
activities; and
"(iv) subject to the provisions of subparagraph (B), the
remainder in accordance with such criteria and procedures as the
Secretary shall prescribe by regulation.
"(B) Additional financial assistance for a fiscal year may be
provided to a State if funds are available after meeting the requirments
of clauses (i) through (iii) of subparagraph (A), for purposes other
than assistance to Indian and migrant programs, services for handicapped
children, payments under subparagraph (A) (ii), and training and
technical assistance activities, only if such State's allotment for such
fiscal year under paragraph (2) and subparagraph (A) (ii) is not greater
than 175 percent of the amount such State is eligible to receive in such
fiscal year under paragraph (2).
"(4) (A) Subject to the provisions of subparagraph (E), the Secretary
shall reserve 2 percent of the sums appropriated for--,
"(i) allotment among Guam, American Samoa, the Trust Territory
of the Pacific Islands, the Northern Mariana Islands, and the
Virgin Islands, according to their respective needs, and
"(ii) the provision of assistance to States in accordance with
the provisions of subparagraph (C).
"(B) A State shall receive the total amount of assistance calculated
under subparagraph (C) for any fiscal year if--,
"(i) such State receive an allotment under paragraph (2) and
paragraph (3) (A) (ii) which is greater than 100 percent and less
than 140 percent of the amount such State is eligible to receive
under paragraph (2); or
"(ii) such State receives an allotment under paragraph (2) only
and such allotment, as compared to the total amount of assistance
received by such State in the previous fiscal year, represents an
increase which is less than 50 percent of the percentage increase
in the appropriation for such fiscal year for which the
determination is made as compared to the appropriation for the
fiscal year preceding the fiscal year for which the determination
is made.
"(C) Except as provided in subparagraph (D), each State specified in
subparagraph (B) shall receive a total amount of assistance for any
fiscal year which is equal to the sum of--,
"(i) the amount of the allotment received by such State under
paragraph (2);
"(ii) the amount of any payments received by such State under
paragraph (3) (A) (ii); and
"(iii) an amount equal to the difference between--,
preceding
the fiscal year for which the determination is made;
and the
amount derived by multiplying the total amount of
assistance
received by such State for the most recent fiscal year
by a
percentage equal to one-half of the percentage increase
in the
appropriation for that fiscal year for which the
determination
is made as compared to the appropriation for the fiscal
year preceding the fiscal year for which the
determination is
made; and
in the case of any fiscal year for which there is no increase in the
appropriation as compared to the appropriation for the preceding fiscal
year, each State specified in subparagraph (B) shall receive a total
amount of assistance for such fiscal year which is equal to the total
amount of assistance such State received for such preceding fiscal year.
In the case of any fiscal year for which there is a reduction in the
appropriation as compared to the appropriation for the preceding fiscal
year, the Secretary shall make such adjustments in the total amount of
assistance which each State otherwise would receive under this
subparagraph as may be necessary to assure an equitable distribution of
such assistance under this subparagraph.
"(D) For fiscal year 1979, each State described in subparagraph (B)
shall receive payments in an amount equal to 69 percent of the
percentage increase, up to 9 percent, in the appropriation for fiscal
year 1979 over the appropriation for fiscal year 1978, or 50 percent of
the percentage increase in the appropriation for fiscal year 1979 over
the appropriation for fiscal year 1978, whichever is greater.
"(E)(i) Any funds not allotted according to the provisions of this
paragraph for any fiscal year shall be allotted according to the
provisions of paragraph (2) to those States which, for such fiscal year,
receive an allotment under paragraph (2) only.
"(ii) If sums reserved under subparagraph (A) of this paragraph are
insufficient in any fiscal year to carry out the provisions of
subparagraphs (A), (B), (C), and (D) of this paragraph, the Secretary
shall transfer from sums reserved under paragraph (3) an amount
necessary to carry out such provisions."
(2) Section 513 of the Act // 42 USC 2928b. // is amended by
redesignating subsections (b), (c), (d), and (e) as subsections (c),
(d), (e), and (f), respectively and by inserting the following new
subsection after subsection (a):
"(b) Whenever funds appropriated pursuant to section 512 // 42 USC
2928a. // for any fiscal year beginning after September 30, 1978, are
equivalent to, or exceed $800,000,000, the Secretary, pursuant to the
provision of subsection (a)(3), shall reserve not more than 20 percent
of $800,000,000 or 15 percent of the funds so appropriated, whichever is
greater."
(c) Section 514 of the Act (42 U.S.C. 2928c) is amended by adding at
the end thereof the following new subsection:
"(d) The Secretary shall require that the practice of significantly
involving parents and area residents affected by the program in
selection of Headstart agencies be continued."
(d) Section 515(b)(1) of the Act (42 U.S.C. 2928d(b)(1)) is amended
by inserting "directly participate in decisions that" before
"influence".
(e) Section 517(b) of the Act (42 U.S.C. 2928f(b)) is amended by
striking out "six" and inserting in lieu thereof "twelve".
(f) Section 518(a) of the Act (42 U.S.C. 2928g(a)) is amended--,
(1) by inserting "(1)" after" (a)";
(2) by striking out " Such" in the second sentence and
inserting in lieu thereof " Except as provided in paragraph (2) of
this subsection, such";
(3) by redesignating clause (1) and clause (2) as clause (A)
and clause (B), respectively;
(4) by striking out "(1)" after "clause" and inserting in lieu
thereof "(A)"; and
(5) by adding at the end thereof the following new paragraph:
"(2) Whenever a Headstart program is operated in a community with a
population of 1,000 or less individuals and (A) there is no other
preschool program in the community, (B) the community is located in a
medically underserved area as designated by the Secretary pursuant to
section 330(b)(3) of the Public Health Service Act // 42 USC 254c. //
and is located in a health manpower shortage area as designated by the
Secretary pursuant to sections 332(a)(1) of such Act, // 42 USC 254e.
// (C) the community is in a location which, by reason of remoteness,
does not permit reasonable access to the types of services described in
clauses (A) and (B), and (D) not less than 50 per centum of the families
to be served in the community are eligible under the eligibility
criteria established by the Secretary under paragraph (1) of this
subsection, the Headstart program in each such locality shall establish
the criteria for eligibility, except that no child residing in such
community whose family is eligible under such eligibility criteria
shall, by virtue of such project's eligibility criteria, be denied an
opportunity to participate in such program.".
(g) Section 523(b) of the Act // 42 USC 2928l. // (42 U.S.C. 2928(
b)) is amended--,
(1) by inserting "(1)" after "subsection (a)";
(2) by striking out "subsection (b)" and inserting in lieu
thereof "subsection (a)(2)"; and
(3) by striking out "thirty" the second place it appears
therein and inserting in lieu thereof "ninety".
(h) Subsections (c) and (d) of section 523 of the Act (42 U.S.C.
2928(c), (d)) // 42 USC 2928l. // are amended by striking out "
Director" each place it appears therein and inserting in lieu thereof "
Secretary".
(i) Section 524(b) of the Act (42 U.S.C. 2928m(b)) is amended to read
as follows:
"(b) The Secretary shall operate the programs and projects covered by
this part in accordance with Headstart performance standards. Any
revisions in such standards shall result in standards which are no less
comprehensive than those in effect on the date of the enactment of the
Economic Opportunity Amendments of 1978. The extent to which such
standards have been met shall be considered in deciding whether to renew
or supplement financial assistance authorized under this part.".
Sec. 11. (a) Section 551(a)(1) of the Act (42 U.S.C. 2929(a)(1)) is
amended by adding at the end thereof the following new sentence: "
Other children in kindergarten and primary grades, including such other
children enrolled in private nonprofit elementary schools, who were
previously enrolled in preschool programs of a compensatory nature which
received Federal financial assistance may participate in such Follow
Through programs.".
(b) Section 551(a)(3) of the Act is amended by striking out "the
Secretary determines", and by inserting "educational, health,
nutritional, social, and other" after "comprehensive".
(c) The first sentence of section 552(a) of the Act (42 U.S.C.
2929a(a)) is amended to read as follows:
"(a) There is authorized to be appropriated for carrying out the
purposes of this part $70,000,000 for fiscal year 1979, $85,000,000 for
fiscal year 1980, and $100,000,000 for fiscal year 1981.".
(d) Part B of title V of the Act (42 U.S.C. 2929 et seq.) is
amended--,
(1) by striking out section 553;
// 42 USC 2929b. //
(2) by redesignating section 554
// 42 USC 2929c. // as section 557; and
(3) by inserting after section 552 the following new sections:
" Sec. 553. // 42 USC 2929b. // (a) The Secretary may provide
financial assistance through grants or contracts for research,
demonstration, or pilot projects conducted by public and private
agencies which are designed to test or assist in the development of new
approaches or methods that will aid in overcoming special problems or in
otherwise furthering the purposes of this part.
"(b) The Secretary shall establish an overall plan to govern the
approval of research, demonstration, or pilot projects and the use of
all research authority under this part. Such plan shall set forth
specific objectives to be achieved and priorities among such objectives.
PROJECT
CONTRACTS
" Sec. 554. // 42 USC 2929b-1. // (a) The Secretary shall make a
public announcement concerning--,
"(1) the title, purpose, intended completion date, identity of
the grantee or contractor, and proposed cost of any grant or
contract with a private or non-Federal public agency or
organization for any research, demonstration, or pilot project
under this part; and
"(2) the results, findings, data, or recommendations made or
reported as a result of such activities.
"(b) The public announcements required by subsection (a)(1) shall be
made not later than 30 days of making such grants or contracts, and the
public announcements required by subsection (a)(2) shall be made not
later than 90 days of the receipt of such results.
"(c) The Secretary shall take necessary action to assure that all
studies, proposals, and data produced or developed with Federal funds
employed under this part shall become the property of the United States.
"(d) The Secretary shall publish summaries of the results of
activities carried out pursuant to this part not later than 90 days
after the completion thereof. The Secretary shall submit to the
appropriate committees of the Congress copies of all such summaries.
" SEC. 555. // 42 USC 2929b-2. // (a) The Secretary shall provide,
directly or through grants or contracts, for the continuing evaluation
of programs under this part, including evaluations that measure and
evaluate the impact of programs authorized by this part, in order to
determine their effectiveness in achieving stated goals, their impact on
related programs, and their structure and mechanism for delivery of
services, including, where appropriate, comparisons with appropriate
control groups composed of persons who have not participated in such
programs. Evaluations shall be conducted by persons not directly
involved in the administration of the program or project evaluation.
"(b) The Secretary shall develop and publish general standards for
evaluation of program and project effectiveness in achieving the
objectives of this part. The extent to which such standards have been
met shall be considered in deciding whether to renew or supplement
financial assistance authorized under this part.
"(c) In carrying out evaluations under this part, the Secretary
shall, whenever feasible, arrange to obtain the specific views of
persons participating in and served by programs and projects assisted
under this part about such programs and projects.
"(d) The Secretary shall publish the results of evaluative research
and summaries of evaluations of program and project impact and
effectiveness not later than 90 days after the completion thereof. The
Secretary shall submit to the appropriate committees of the Congress
copies of all such research studies and evaluation summaries.
"(e) The Secretary shall take the necessary action to assure that all
studies, evaluations, proposals, and data produced or developed with
assistance under this section become the property of the United States.
" Sec. 556. // 42 USC 2929b-3. // The Secretary may provide,
directly or through grants or other appropriate arrangements (1)
technical assistance to Follow Through programs in developing,
conducting, and administering programs under this part, and (2) training
for specialized or other personnel which is needed in connection with
Follow Through programs.".
Sec. 12. Section 583 of the Act (42 U.S.C. 2933) is amended by
striking out "ten" and inserting in lieu thereof "thirteen".
Sec. 13. (a)(1) The first sentence of section 601(c) of the Act (42
U.S.C. 2941(c)) is amended by striking out " Subject to the provisions
of subsection (e) of this section, the" and inserting in lieu thereof "
The".
(2) The last sentence of section 601(c) of the Act (42 U.S.C. 2941(
c)) is amended to read as follows: " The Directpr shall promulgate
rules and regulations regarding the final approval of grants and
contracts."
(3) Section 601 of the Act (42 U.S.C. 2941) is amended by striking
out subsections (e), (f), (g), and (h).
(b) Section 602(d) of the Act (42 U.S.C. 2942(d)) is amended by
striking out "with the approval of the President,".
(c) (1) The first sentence of section 605(a) of the Act (42 U.S.C.
2945(a)) is amended by striking out "twenty-one" and inserting in lieu
thereof "fifteen".
(2) The second of sentence section 605(a) of the Act (42 U.S.C.
2945(a)) is amended to read as follows: " Of such memebersm five shall
be appointed from among poor persons, five shall be appointed from among
individuals who represent poor persons, and five shall be appointed from
among members of the general public.".
(3) Section 605 of the Act (42 U.S.C. 2965) // 42 USC 2945. // is
amended by adding at the end thereof the following new subsection
"(d) The Advisory Council may not make expenditures or incur
obligations, from sums available to carry out this section, which exceed
$225,000 for fiscal year 1979, $250,000 for fiscal year 1980, and
$275,000 for fiscal year 1981."
(d) Section 608 of the Act (42 U.S.C. 2948) is amended by inserting
before the period at the end thereof a comma and the following: "and
shall include the types of services delivered by community action
agencies and other programs funded under this Act".
(e) Part A of title Vi of the Act (42 U.S.C. 2941 et seq.) // 42 USC
2950, 2951. // is amended by redesignating section 610 as section 609
and section 610-1 as section 610.
(f) Section 610(b) of the Act, // 42 USC 2951 // as so redesignated
by subsection (e), is amended by striking out "$6,000" and inserting in
lieu thereof "$8,000".
(g) Section 615 of the Act (42 U.S.C. 2965) is amended by striking
out "eleven" and inserting in lieu thereof "fourteen".
(h) Section 620 of the Act (42 U.S.C. 2970) is amended by striking
out the last sentence thereof.
(i) Part A of title VI of the Act (42 U.S.C. 2940 et seq.) is amended
by striking out section 621, // 42 USC 2971, 2971a-2971g // and by
redesignating section 622 through section 628 as section 621 through
section 627, respectively.
(j) Section 632(3) of the Act (42 U.S.C. 2974(3)) is amended by
inserting after "time." the following new sentence: " The Director
shall consult with community action agencies and State offices of
economic opportunity in the development of such plan."
(k) Part B of title VI of the Act (42 U.S.C. 2972 et seq.) // 42 USC
2980. // is amended by redesignating section 638 as section 639 and by
inserting after section 637 the following new section:
" Sec. 638. // 42 USC 2979a // (a) The Director may utilize regional
Community Serices Administration offices for the purpose of--,
"(1) carrying out the national responsibilities and directives
delegated to them;
"(2) processing and finalizing grants and contracts authorized
under this Act;
"(3) monitoring and evaluating programs funded under this Act
within that designated region;
"(4) monitoring and evaluating on an annual basis all relevant
regulations and guidelines applicable to programs funded under
this Act within that designated region; and
"(5) providing technical assistance to local community action
agencies and other programs funded under this Act.
"(b) The Director shall monitor and evaluate at least annually the
activities of regional offices as described in subsection (a).".
Sec. 14. (a) Section 703 of the Act (42 U.S.C. 2981(b)) // 42 USC
2981b. // is amended to read as follows:
" Sec. 703. For the purpose of carrying out this title, there is
authorized to be appropriated $70,000,000 for fiscal year 1979,
$85,000,000 for fiscal year 1980, and $105,000,000 for fiscal year 1981.
Any sums appropriated under this section shall remain available until
expended.".
(b) Title VII of the Act (42 U.S.C. 2981 et seq.) is amended by
inserting after section 703 the following new section:
" Sec. 704. // 42 USC 2981c. // (a) The President is authorized to
establish a National Advisory Community Investment Board (hereinafter in
this section referred to as the ' Investment Board'). Such Investment
Board shall be composed of fifteen members appointed, for staggered
terms and without regard to the civil service laws, by the President, in
consultation with the Director. Such members shall be representative of
the investment and business communities and appropriate fields of
endeavor related to this title. The Investment Board shall meet at the
call of the chairperson, but not less often than three times each year.
The Director and the administrator of community economic development
programs shall be ex officio members of the Investment Board.
"(b) The Investment Board shall promote cooperation between private
investors and businesses and community development corporation projects
through--,
"(1) advising the Director and the community development
corporations on ways to facilitate private investment;
"(2) advising businesses and other investors of opportunities
in community development corporation projects; and
"(3) advising the Director, Community development corporations,
and private investors and businesses of ways in which they might
engage in mutually beneficial efforts.
"(c) The governing body of each Community Development Corporation may
establish an advisory community investment board composed of not to
exceed 15 members who shall be appointed by the governing body after
consultation with appropriate local officials. Each such board shall
promote cooperation between private investors and businesses and the
governing body of the Community Development Corporation through--,
"(1) advising the governing body on ways to facilitate private
investors;
"(2) advising businesses and other investors of opportunities
in Community Development Corporation projects; and
"(3) advising the governing body, private investors, and
businesses
of ways in which they might engage in mutually beneficial efforts."
(c) Section 712(a) of the Act (42 U.S.C. 2982a(a)) is amended--,
(1) by striking out "economic and" in paragraph (1), and by
inserting "and commercial" after "business";
(2) by inserting "physical" after "community" in paragraph (2);
(3) by inserting before the semiclon in paragraph (3) a comma
and the following: "and in section 222(a) (7) of this Act"
// 42 USC 2809. //
(4) by striking out "economic" in paragraph (4) and inserting
in lieu thereof "business and commercial"; and
(5) by inserting "recreation services," after "energy
conservation,"
in paragraph (4).
(d) Section 713(b) of the Act (42 U.S.C. 2982b(b)) is amended by
striking out "an" and inserting in lieu thereof "a substantial".
(e) Section 713 of the Act (42 U.S.C. 2982b) is amended by adding at
the end thereof the following new subsection:
"(d) Financial assistance for commercial development under this part
shall not be extended until the community economic development program
that has applied for assistance under this title has specified in some
detail its development goals and its development timetable. The
Director, in providing continued financial assistance to a community
economic development program, shall give serious consideration to the
experience that program has had in meeting development goals or in
adhering to development timetables.".
(f) Section 714 of the Act (42 U.S.C. 2982c) is amended to read as
follows:
" Sec. 714. (a) (1) Assistance provided under this title // 42 USC
2982c. //
to any program described in section 712(a) shall not exceed 90 per
centum of the cost of such program including costs of administration
unless the Director determines that the assistance in excess of such
percentage is required in furtherance of the purposes of this title.
Non-Federal contributions may be in cash or in kind, fairly evaluated,
including but not limited to plant, equipment, and services.
"(2) The assistance referred to in paragraph (1) shall be made
available (A) for deposit to the order of grantees which have
demonstrated successful program performance, under conditions which the
Director deems appropriate, within thirty days following approval of the
grant agreement by the Director and such grantee, or (B) whenever the
Director deems appropriate, in accordance with applicable rules and
regulations prescribed by the Secretary of the Treasury, and including
any other conditions which the Director deems appropriate, within 30
days following approval of the grant agreement by the Director and such
grantee.
"(b) Property acquired as a result of capital investments made by any
community development corporation with funds granted as its Federal
share of the cost of programs carried out under this title, and the
proceeds from such property, shall become the property of the community
development corporation and shall not be considered to be Federal
property. The Federal Government retains the right to direct that on
severance of the grant relationship the assets purchased with grant
funds shall continue to be used for the original purpose for which they
were granted.".
(g) Section 722(b) of the Act (42 U.S.C. 2983) // 42 USC 2983a. //
is amended by inserting "or local public and private nonprofit
organizations or agencies" after "local cooperative associations".
(h) The first sentence of section 731(a) of the Act (42 U.S.C. 2984
(a)) is amended to read as follows: " The Director is authorized to
make or guarantee loans (either directly or in cooperation with banks or
other organizations through agreements to participate on an immediate or
deferred basis) to community development corporations, to families and
local cooperatives and the designated supportive organizations of
cooperatives eligible for financial assistance under this title, to
community action agencies and other community-based organizations
eligible for financial assistance under title II of this Act // 42 USC
2781. // or to public and private nonprofit organizations or agencies,
for business facilities and community development projects, including
community development credit unions, which the Director determines will
carry out the purposes of this part.".
(i) Section 732(b) of the Act (42 U.S.C. 2984a(b)) is amended by
striking out "1975" and inserting in lieu thereof "1979".
(j) Section 742(a) (2) of the Act (42 U.S.C. 2985a(a) (2)) is
amended--,
(1) by striking out "prescribe such" and inserting in lieu
thereof "promulgate";
(2) by striking out "as may be necessary and appropriate"; and
(3) by inserting ", including ,but not limited to, programs
under section 8(a) of the Small Business Act,"
// 15 USC 637. //
before the period.
(k) Title VII of the Act (42 U.S.C 2981 et seq.) is amended by
striking out section 745 and by redesignating sections 746, 747, 748,
and 749 as sections 745, 746, 747, and 748, respectively.
(1) Section 746(b) of the Act, // 42 USC 2985e // as so redesignated
by subsection (k), is amended by inserting "and demonstration projects"
after "research".
Sec. 15. Section 814 of the Act (42 U.S.C. 2992d) is amended by
striking out "1975 through 1977" and inserting in lieu thereof "1979
through 1981".
Sec. 16. Title IX of the Act (42 U.S.C. 2995 et seq.) is amended by
adding at the end thereof the following new section:
" Sec. 904. // 42 USC 2995c. // There is authorized to be appropiated
for the purpose of carrying out the provisions of this title $4,000,000
for fiscal year 1979, $7,000,000 for fiscal year 1980, and $10,000,000
for fiscal year 1981.".
Sec. 17. (a) (1) Section 2 of the Act (42 U.S.C. 2701) is amended by
striking out "his capabilities" and inserting in lieu thereof "the
capabilities of such individual".
(2) Section 102(c) of the Act // 42 USC 2712. // is amended by
striking out "him" the first place it appears therein and inserting in
lieu thereof "such chief executive officer", and by striking out "him"
the last place it appears therein and inserting in lieu thereof "the
Director".
(3) (A) Section 210(d) of the Act (42 U.S.C. 2790(d)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(B) Section 210(f) of the Act is amended--,
(i) by striking out " In carrying out his responsibilities
under this part the Director" and inserting in lieu thereof " The
Director, in carrying out the responsibilities of the Director
under this part,"; and
(ii) by striking out "him, as he" and inserting in lieu thereof
"the Director, as the Director".
(4) Section 211(d) (1) of the Act (42 U.S.C. 2791(d) (1)) is amended
by striking out "he" and inserting in lieu thereof "the Director".
(5) Section 213(b) of the Act (42 U.S.C. 2796(b)) is amended by
striking out " He" and inserting in lieu thereof " The Director".
(6)(A) Section 221(a) of the Act (42 U.S.C. 2808(a)) is amended by
striking out " He" and inserting in lieu thereof " The Director".
(B) Section 221(b) of the Act (42 U.S.C. 2808(b)) is amended by
striking out "he" each place it appears therein and inserting in lieu
thereof "the Director".
(C) Section 221(d) of the Act (42 U.S.C. 2808(d)) is amended by
striking out " He" and inserting in lieu thereof " The Director".
(D) Section 221(e) of the Act (42 U.S.C. 2808(e)) is amended by
striking out "he" each place it appears therein and inserting in lieu
thereof "the Director".
(7)(A) The second sentence of section 222(a) of the Act (42 U.S.C.
2809(A)) is amended by striking out "him" and inserting in lieu thereof
"the Director".
(B) The fourth sentence of section 222(a) of the Act (42 U.S.C.2809(
A)) is amended by striking out "he" and inserting in lieu thereof "the
Director".
(C) Section 222(a) (4) of the Act, as so redesignated by section 6(
a) (2), is amended--.
(i) by striking out "he" each place it appears therein and
inserting in lieu thereof "the Director"; and
(ii) by striking out "his adjusted family income" and inserting
in lieu thereof "the adjusted family income of such applicant".
(8) (A) Section 225(a) of the Act (42 U.S.C. 2812(a)) is amended by
striking out " He" and inserting in lieu thereof " The Director", and by
striking out "he" and inserting in lieu thereof "the Director".
(B) Section 225(b) of the Act (42 U.S.C. 2812(b)) is amended by
striking out "he" and inserting in lieu thereof "the Director". (C)
Section 225(c) of the Act 742 U.S.C. 2812(c)) is amended by striking out
"he" and inserting in lieu thereof "the Director".
(D) Section 225(d) of the Act (42 U.S.C. 2812(d)) is amended by
striking out "satisfies himself" and inserting in lieu thereof "is
satisfied".
(9) Section 227(c) of the Act (42 U.S.C. 2814(c)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(10) Section 231(d) of the Act (42 U.S.C. 2824(d)) is amended--,
(A) by striking out "he" each place it appears therein and
inserting in lieu thereof "the Director";
(B) by striking out "his findings" and inserting in lieu
thereof "the findings of the Director"; and
(C) by striking out "him" and inserting in lieu thereof "the
Director".
(11) (A) Section 232(a) of the Act (42 U.S.C. 2825(a)) is amended by
striking out " He" and inserting in lieu thereof " The Director".
(B) Section 232(d) of the Act (42 U.S.C. 2825(d)) is amended by
striking out "him" and inserting in lieu thereof "the Director".
(12) Section 235(b) of the Act (42 U.S.C. 2828(b)) is amended by
striking out "satisfies himself" and inserting in lieu thereof "is
satisfied".
(13) (A) Section 241(b) of the Act (42 U.S.C. 2833(b)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(B) Section 241(c) of the Act (42 U.S.C. 2833(c)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(14) Section 242 of the Act (42 U.S.C. 2834) is amended by striking
out "him" and inserting in lieu thereof "the Director".
(15) (A) Section 243(c) of the Act (42 U.S.C. 2835(c)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(B) Section 243(d) of the Act (42 U.S.C. 2835(d)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(16) (A) Section 244(4) of the Act (42 U.S.C. 2836(4)) is amended--,
(i) in subparagraph (A) thereof, by striking out "his or her"
and inserting in lieu thereof "the";
(ii) in subparagraph (A) thereof, by inserting "of such
individual" after "religious beliefs"; and
(iii) in subparagraph (B) thereof, by striking out "he or she"
and inserting in lieu thereof "such individual".
(B) Section 244(7) of the Act (42 U.S.C. 2836(7)) is amended--,
(i) by striking out "he" each place it appears therein and
inserting in lieu thereof "the Director";
(ii) by striking out "him" and inserting in lieu thereof "the
Director"; and
(iii) by striking out "his judgment" and inserting in lieu
thereof the judgment of the Director".
(17 Section 513(b) of the Act (42 U.S.C. 2928](b)) is amended by
striking out "he" and inserting in lieu thereof "the Secretary".
(18) Section 516 of the Act (42 U.S.C. 2928e) is amended by striking
out "him" and inserting in lieu thereof "the Secretary".
(19) (A) Section 517(b) of the Act (42 U.S.C. 2928f(b)) is amended--,
(i) by striking out "he" each place it appears therein and
inserting in lieu thereof "the Secretary";
(ii) by striking out "him" and inserting in lieu thereof "the
Secretary"; and
(iii) by striking out "his judgment" and inserting in lieu
thereof "the judgment of the Secretary".
(B) Section 517(c) of the Act (42 U.S.C. 2928f(c)) is amended by
striking out " He" and inserting in lieu thereof " The Secretary".
(20) Section 519(1) of the Act (42 U.S.C. 2928h(1)) is amended by
striking out "he" and inserting in lieu thereof "the Secretary".
(21) Section 525(a) of the Act (42 U.S.C. 2928n(a)) is amended by
striking out "he" and inserting in lieu thereof "the Secretary".
(22) Section 551(a) of the Act (42 U.S.C. 2929(a) (2) is amended by
striking out "he" each place it appears therein and inserting in lieu
thereof "the Secretary".
(23) Section 552(b) of the Act (42 U.S.C. 2929a(b)) is amended by
striking out "he" and inserting in lieu thereof "the Secretary".
(24) Section 582(e) of the Act (42 U.S.C. 2932(e)) is amended by
striking out "he" and inserting in lieu thereof "the Secretary".
(25) (A) Section 601(d)(1) of the Act (42 U.S.C. 2941(d)(1) is
amended by striking out "his designee" and inserting in lieu thereof
"the designee of the Director".
(B) Section 601(d) (3) of the Act (42 U.S.C. 2941(d)(3)) is amended
by striking out "his official capacity" and inserting in lieu thereof
"the official capacity of such officer".
(26)(A) That portion of section 602 of the Act (42 U.S.C. 2942) which
precedes paragraph (a) of such section is amended--,
(i) by striking out "him" and inserting in lieu thereof "the
Director"; and
(ii) by striking out "his functions" and inserting in lieu thereof
"the functions of the Director".
(B) Section 602(c) of the Act (42 U.S.C. 2942(c)) is amended--,
(i) by striking out "he" and inserting in lieu thereof "the
Director";
(ii) by striking out "him" and inserting in lieu thereof "the
Director"; and
(iii) by striking out "his functions" and inserting in lieu
thereof "the functions of the Director".
(C) Section 602(d) of the Act (42 U.S.C. 2942(d)) is amended--,
(i) by striking out "his functions" and inserting in lieu
thereof "the functions of the Director"; and
(ii) by striking out "his powers" and inserting in lieu thereof
"the powers of the Director".
(D) Section 602(h) of the Act (42 U.S.C. 2942(h)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(E) Section 602(i) of the Act (42 U.S.C. 2942ni)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(F) Section 602(k) of the Act (42 U.S.C. 2942nk)) is amended by
striking out "him" each place it appears therein and inserting in lieu
thereof "the Director".
(G) Section 602(1) of the Act (42 U.S.C. 2942n1)) is amended by
striking out "him" each place it appears therein and inserting in lieu
thereof "the Director".
(H) (i) Section 602(m) (2) of the Act (42 U.S.C. 2942(m) (2)) is
amended by striking out "him" and inserting in lieu thereof "the
Director".
(ii) Section 602(m) (2) (B) of the Act (42 U.S.C. 2942(m)(2) (B)) is
amended by striking out "his intention" and inserting in lieu thereof
"the intention of the Director".
(I) Section 602(n) of the Act (42 U.S.C. 2942(n)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(27) Section 603(c) of the Act (42 U.S.C. 2943(c)) is amended by
striking out "in his" and inserting in lieu thereof "while acting in
an".
(28) Section 606(c) of the Act (42 U.S.C. 2946(c)) is amended by
striking out "he" and inserting in lieu thereof "the Comptroller
General".
(29) Section 609 of the Act, // 42 USC 2950. // as so redesignated
in section 13(e), is amended by striking out "his responsibilities" and
inserting in lieu thereof "the responsibilities of the Director".
(30) Section 610(b) of the Act, // 42 USC 2951. // as so
redesignated in section 13(e), is amended--,
(A) by striking out "he" and inserting in lieu thereof "such
person"; and
(B) by striking out "his immediately preceding employment" and
inserting in lieu thereof "the immediately preceding employment
of such person".
(31) Section 611 of the Act (42 U.S.C. 2961) is amended--,
(A) by striking out "his poverty" and inserting in lieu thereof
"the poverty of such person";
(B) by striking out "his lack of income" and inserting in lieu
thereof "the lack of income of such person";
(C) by striking out "his refusal" and inserting in lieu thereof
"the refusal of such person"; and
(D) by striking out "his health, age, education, and ability"
and inserting in lieu thereof "the health, age, education, and
ability of such person".
(32) Section 627 of the Act, // 42 USC 2971g. // as so redesignated
in section 13(i), is amended--,
(A) by striking out "or his delegate" each place it appears
therein; and
(B) by striking out "him" and inserting in lieu thereof "the
Director".
(33)(A) Section 631(a) of the Act (42 U.S.C. 2973(a)) is amended by
striking out "his stead in the event of his unavoidable absence" and
inserting in lieu thereof "place of such member in the event of the
unavoidable absence of such member".
(B) Section 631(c) of the Act (42 U.S.C. 2973(c)) is amended--,
(i) by striking out "him" and inserting in lieu thereof "the
Executive Secretary"; and
(ii) by striking out "his duties" and inserting in lieu thereof
"the duties of the Executive Secretary".
(34)(A) That portion of section 632 fo the Act (42 U.S.C. 2974) which
precedes paragraph (1) is amended by striking out "his other powers" and
inserting in lieu thereof "the other powers of the Director".
(B) Section 632(1) of the Act (42 U.S.C. 2974(1)) is amended by
striking out "his own initiative" and inserting in lieu thereof "the
initiative of the Director".
(35) Section 635(b) of the Act (42 U.S.C. 2977(b)) is amended by
striking out " He" and inserting in lieu thereof " The Director".
(36) That portion of section 713(a) of the Act (42 U.S.C. 2982b(a))
which precedes paragraph (1) is amended by striking out "he" each place
it appears therein and inserting in lieu thereof "the Director".
(37)(A) Section 731(b) of the Act (42 U.S.C. 2984(b)) is amended by
striking out "him" and inserting in lieu thereof "the Director", and by
striking out "he" and inserting in lieu thereof "the Director".
(B) Section 731(c)(3) of the Act (42 U.S.C. 2984(c)(3)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(39) (A) Section 803(b) of the Act (42 U.S.C. 2991b(b)) is amended by
striking out "he" and inserting in lieu thereof "the Secretary".
(B) Section 803(c) of the Act (42 U.S.C. 2991b(c)) is amended by
striking out "he" and inserting in lieu thereof "the Secretary".
(40)(A) Section 807(b) of the Act (42 U.S.C. 2991f(b)) is amended by
striking out "his decision" and inserting in lieu thereof "the decision
of the Secretary".
(B) Section 807(c) of the Act (42 U.S.C. 2991f(c)) is amended by
striking out "his decision" and inserting in lieu thereof "the decision
of the Secretary".
(41) Section 812(a) of the Act (42 U.S.C. 2992b(a)) is amended--,
(A) by striking out "his functions, powers, and duties" and
inserting in lieu thereof "the functions, powers, and duties of
the Secretary"; and
(B) by striking out "he" and inserting in lieu thereof "the
Secretary".
(42)(A) Section 901(a)(2) of the Act (42 U.S.C. 2995(a)(2)) is
amended by striking out "his responsibilities" and inserting in lieu
thereof "the responsibilities of the Director".
(B) Section 901(a)(3) of the Act (42 U.S.C. 2995(a)(3)) is amended by
striking out "he" and inserting in lieu thereof "the Director".
(43) Section 902(a) of the Act (42 U.S.C. 2995a(a)) is amended by
striking out "him" and inserting in lieu thereof "the Director".
(b) The second sentence of section 225(c) of the Act (42 U.S.C.
2812(c)) is amended by striking out "title, non-Federal" and inserting
in lieu thereof "title. Non-Federal".
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 1151 (Comm. on Education and Labor) and No.
95 - 1766 (Comm. of Conference).
SENATE REPORT No. 95 - 892, accompanying S. 2090 (Comm. on Human
Resources).
CONGRESSIONAL RECORD, Vol. 124(1978):
July 24, 26, considered and passed House.
Aug. 1, 2, S. 2090 considered and passed Senate; proceedings
vacated, and H.R. 7577, amended, passed in lieu. Oct. 15, House
agreed to conference report.
Oct. 15, Senate agreed to conference report.
PUBLIC LAW 95-567, 92 STAT. 2405, PUBLIC TELECOMMUNICATIONS FINANCING
ACT OF 1978.
improve the provisions
of such Act relating to long-term financing for the
Corporation for Public
Broadcasting and relating to certain grant programs
for public telecommunications,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Public Telecommunications Financing Act of 1978".
Sec. 101. Section 390 of the Communications Act // 47 USC 390. //
of 1934 is amended to read as follows:
" Sec. 390. The purpose of this subpart is to assist, through matching
grants, in the planning and construction of public telecommunications
facilities in order to achieve the following objectives: (1) extend
delivery of public telecommunications services to as many citizens of
the United States as possible by the most efficient and economical
means, including the use of broadcast and nonbroadcast technologies;
(2) increase public telecommunications services and facilities available
to, operated by, and owned by minorities and women; and (3) strengthen
the capability of existing public television and radio stations to
provide public telecommunications services to the public."
Sec. 102. Section 391 of the Communications Act // 47 USC 391. //
of 1934 is amended to read as follows:
" Sec. 391. There are authorized to be appropriated $40,000,000 for
each of the fiscal years 1979, 1980, and 1981, to be used by the
Secretary of Commerce to assist in the planning and construction of
public telecommunications facilities as provided in this subpart. Sums
appropriated under this subpart for any fiscal year shall remain
available until expended for payment of grants for projects for which
applications approved by the Secretary pursuant to this subpart have
been submitted within such fiscal year. Sums appropriated under this
subpart may be used by the Secretary to cover the cost of administering
the provisions of this subpart."
Sec. 103. (a) Section 392 of the Communications Act of 1934 is amended
to read as follows:
" Sec. 392. (a) For each project for the construction of public
telecommunications facilities there shall be submitted to the Secretary
an application for a grant containing such information with respect to
such project as the Secretary may require, including the total cost of
such project, the amount of the grant requested for such project, and a
5-year plan outlining the applicant's projected facilities requirements
and the projected costs of such facilities requirements. each applicant
shall also provide assurances satisfactory to the Secretary that--,
"(1) the applicant is (A) a public broadcast station; (B) a
noncommercial telecommunications entity; (C) a system of public
telecommunications entities; (D) a nonprofit foundation,
corporation, institution, or association organized primarily for
educational or cultural purposes; or (E) a State or local
government (or any agency thereof), or a political or special
purpose subdivision of a State;
"(2) the operation of such public telecommunications facilities
will be under the control of the applicant;
"(3) necessary funds to construct, operate, and maintain such
public telecommunications facilities will be available when
needed;
"(4) such public telecommunications facilities will be used
only for the provision of public telecommunications services;
"(5) the applicant has participated in comprehensive planning
for such public telecommunications facilities in the area which
the applicant proposes to serve, and such planning has included an
evaluation of alternate technologies and coordination with
State educational television and radio agencies, as appropriate;
and
"(6) the applicant will make the most efficient use of the
grant.
(b) Upon approving any application under this section with respect to
any project for the construction of public telecommunications
facilities, the Secretary shall make a grant to the applicant in an
amount determined by the Secretary, except that such amount shall not
exceed 75 percent of the amount determined by the Secretary to be the
reasonable and necessary cost of such project.
"(c) The Secretary may provide such funds as the Secretary deems
necessary for the planning of any project for which construction funds
may be obtained under this section. An applicant for a planning grant
shall provide such information with respect to such project as the
Secretary may require and shall provide assurances satisfactory to the
Secretary that the applicant meets the eligible requirements of
subsection (a) to receive construction assistance.
"(d) Any studies conducted by or for any grant recipient under this
section shall be provided to the Secretary, if such studies are
conducted through the use of funds received under this section.
"(e) The Secretary shall establish such rules and regulations as may
be necessary to carry out this subpart, including rules and regulations
relating to the order of priority in approving applications for
construction projects and relating to determining the amount of each
grant for such projects.
"(f) In establishing criteria for grants pursuant to section 393 and
in establishing procedures relating to the order of priority established
in subsection (e) in approving applications for grants, the Secretary
shall give special consideration to applications which would increase
minority and women's ownership of, operation of, and participation in
public telecommunications entities. The Secretary shall take
affirmative steps to inform minorities and women of the availability of
funds under this subpart, and the localities where new public
telecommunications facilities are needed, and to provide such other
assistance and information as may be appropriate.
"(g) If, within 10 years after completion of any project for
construction of public telecommunications facilities with respect to
which a grant has been made under this section--,
"(1) the applicant or other owner of such facilities ceases to
be an agency, institution, foundation, corporation, association,
or other entity described in subsection (a) (1); or
"(2) such facilities cease to be used only for the provision of
public telecommunications services (unless the Secretary
determines,
in accordance with regulations, that there is good cause
for releasing the applicant or other owner from the obligation to
do so);
the United States shall be entitled to recover from the applicant or
other owner of such facilities the amount bearing the same ratio to the
value of such facilities at the time the applicant ceases to be such an
entity or at the time of such determination (as determined by agreement
of the parties or by action brought in the United States district court
for the district in which such facilities are situated), as the amount
of the Federal participation bore to the cost of construction of such
facilities.
"(h) Each recipient of assistance under this subpart shall keep such
records as may be reasonably necessary to enable the Secretary to carry
out the functions of the Secretary under this subpart, including a
complete and itemized inventory of all public telecommunications
facilities under the control of such recipient, and records which fully
disclose the amount and the disposition by such recipient of the
proceeds of such assistance, the total cost of the project in connection
with which such assistance is given or used, the amount and nature of
that portion of the cost of the project supplied by other sources, and
such other records as will facilitate an effective audit.
"(i) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of any recipient of assistance under this subpart that are
pertinent to assistance received under this subpart."
(b)(1) The provisions of section 392(g) of the Communications Act of
1934, as added by subsection (a), shall apply to any grant made under
section 392 of such Act before, on, or after the date of the enactment
of this Act. Any authority and responsibilities of the Secretary of
Health, Education, and Welfare regarding the administration of such
grants are hereby transferred to the Secretary of Commerce.
(2) Subject to the provisions of section 202 of the Budget and
Accounting Procedures Act of 1950 (31 U.S.C. 581c), the following are
hereby transferred to the Secretary of Commerce for appropriate
allocation--,
(A) the personnel employed in connection with or in support of,
or as an integral part of the mission of, the functions
transferred to the Secretary of Commerce from the Secretary of
Health, education, and Welfare by paragraph (1); and
(B) the assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, allocations, and other
funds employed, held, used, arising from, available for, or to be
made available for, or in connection with, the functions described
in subparagraph (A).
Unexpended funds transferred pursuant to this paragraph shall be used
only for the purposes for which the funds originally were authorized and
appropriated.
(3) The Director of the Office of Management and Budget, in
consultation
with the Secretary of Commerce and the Secretary of Health,
Education, and Welfare, shall--,
(A) make such determinations as may be necessary with regard to
the transfer of the functions transferred to the Secretary of
Commerce from the Secretary of Health, Education, and Welfare by
paragraph (1); and
(B) make such additional incidental dispositions of personnel,
assets, liabilities, contracts, property, records, and unexpended
balances of appropriations, allocations, and other funds employed,
held, used, arising from, available for, or to be made available
for, or in connection with, the functions described in
subparagraph (A);
as the Director may deem necessary to accomplish the purposes of this
Act and the amendments made by this Act. CRITERIA FOR APPROVAL AND
EXPENDITURES BY SECRETARY OF COMMERCE
Sec. 104. Section 393 of the Communications Act of 1934 is amended
to read as follows: " CRITERIA FOR APPROVAL AND EXPENDITURES BY
SECRETARY OF COMMERCE
" Sec. 393. (a) The Secretary, in consultation with the Corporation,
public telecommunications entities, and as appropriate with others,
shall establish criteria for making construction and planning grants.
Such criteria shall be consistent with the objectives and provisions set
forth in this subpart, and shall be made available to interested parties
upon request.
"(b) The Secretary shall base determinations of whether to approve
applications for grants under this subpart, and the amount of such
grants, on criteria developed pursuant to subsection (a) and designed to
achieve--,
"(1) the provision of new telecommunications facilities to
extend service to areas currently not receiving public
telecommunications services;
"(2) the expansion of the service areas of existing public
teleommunications entities;
"(3) the development of public telecommunications facilities
owned by, operated by, and available to minorities and women; and
"(4) the improvement of the capabilities of existing public
broadcast stations to provide public telecommunications services.
"(c) Of the funds appropriated pursuant to section 391 for any fiscal
year, not less than 75 percent shall be available to extend delivery of
public telecommunications services to areas not receiving such services
through grants for facilities of new and existing public
telecommunications entities, and preoperational expenses associated with
such facilities. In choosing among applicants for grants, the Secretary
shall compare the advantages of alternate technologies on the basis of
costs and benefits.
"(d) Of the sums appropriated pursuant to section 391 for any fiscal
year, a substantial amount shall be available for the expansion and
development of noncommercial radio broadcast station facilities.".
Sec. 105. Section 394 of the Communications Act of 1934 is amended
to read as follows:
" Sec. 394. (a) The Secretary, in consultation with the Corporation,
public telecommunications entities, and as appropriate with other
parties, shall develop a long-range plan to accomplish the objectives
set forth in section 390. Such plan shall include a detailed 5-year
projection of the broadcast and nonbroadcast public telecommunications
facilities required to meet such objectives, and the expenditures
necessary to provide such facilities.
"(b) The plan required in subsection (a) shall be updated annually,
and a summary of the activities of the Secretary in implementing the
plan, shall be submitted concurrently to the President and the Congress
not later than the 31st day of December of each year.".
Sec. 106. (a) The heading for part IV of title III of the
Communications Act of 1934 is amended to read as follows: " PART IV--
ASSISTANCE FOR PUBLIC TELECOMMUNICATIONS FACILITIES;
TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC
BROADCASTING".
(b) The heading for subpart A of part IV of title III of the
Communications Act of 1934 is amended to read as follows: " Subpart A--
Assistance for Public Telecommunications Facilities".
(c) The position of Deputy Assistant Secretary of Commerce for
Communications and Information, established in Department of Commerce
Organization Order Numbered 10 - 10 (effective March 26, 1978), shall be
compensated at the rate of pay in effect from time to time for level V
of the Executive Schedule under section 5316 of title 5, United States
Code. TITLE II-- TELECOMMUNICATIONS DEMONSTRATIONS
Sec. 201. Part IV of title III of the Communications Act of 1934 is
amended by striking out section 392 A and section 395, by redesignating
subpart B and subpart C as subpart C and subpart D, respectively, and by
inserting after subpart A the following new subpart:
" Sec. 395. (a) It is the purpose of this subpart to promote the
development of nonbroadcast telecommunications facilities and services
for the transmission, distribution, and delivery of health, education,
and public or social service information. The Secretary is authorized,
upon receipt of an application in such form and containing such
information as he may by regulation require, to make grants to, and
enter into contracts with, public and private nonprofit agencies,
organizations, and institutions for the purpose of carrying out
telecommunications demonstrations.
"(b) The Secretary may approve an application submitted under
subsection (a) if he determines that--,
"(1) the project for which application is made will demonstrate
innovative methods or techniques of utilizing nonbroadcast
telecommunications equipment or facilities to satisfy the purpose
of this ssubpart;
"(2) demonstrations and related activities assisted under this
subpart will remain under the administration and control of the
applicant;
"(3) the applicant has the managerial and technical capability
to carry out the project for which the application is made; and
"(4) the facilities and equipment acquired or developed
pursuant to the application will be used substantially for the
transmission, distribution, and delivery of health, education, or
public or social service information.
"(c) Upon approving any application under this subpart with respect
to any project, the Secretary shall make a grant to or enter into a
contract with the applicant in an amount determined by the Secretary not
to exceed the reasonable and necessary cost of such project. The
Secretary shall pay such amount from the sums available therefor, in
advance or by way of reimbursement, and in such installments consistent
with established practice, as he may determine.
"(d) Funds made available pursuant to this subpart shall not be
available for the construction, remodeling, or repair of structures to
house the facilities or equipment acquired or developed with such funds,
except that such funds may be used for minor remodeling which is
necessary for and incidental to the installation of such facilities or
equipment.
"(e) For purposes of this section, the term 'nonbroadcast
telecommunications facilities' includes, but is not limited to, cable
television systems, communications satellite systems and related
terminal equipment, and other modes of transmitting, emitting, or
receiving images and sounds or intelligence by means of wire, radio,
optical, electromagnetic, or other means.
"(f) The funding of any demonstration pursuant to this subpart shall
continue for not more than 3 years from the date of the original grant
or contract.
"(g) The Secretary shall require that the recipient of a grant or
contract under this subpart submit a summary and evaluation of the
results of the demonstration at least annually for each year in which
funds are received pursuant to this section.
"(h) (1) Each recipient of assistance under this subpart shall keep
such records as may be reasonably necessary to enable the Secretary to
carry out the Secretary's functions under this subpart, including
records which fully disclose the amount and the disposition by such
recipient of the proceeds of such assistance, the total cost of the
project or undertaking in connection with which such assistance is given
or used, the amount and nature 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 have access for
the purposes of audit and examination to any books, documents, papers,
and records of the recipient that are pertinent to assistance received
under this subpart.
"(i) The Secretary is authorized to make such rules and regulations
as may be necessary to carry out this subpart, including regulations
relating to the order of priority in approving applications for projects
under this subpart or to determining the amounts of grants for such
projects.
"(j) The Commission is authorized to provide such assistance in
carrying out the provisions of this subpart as may be requested by the
Secretary. The Secretary shall provide for close coordination with the
Commission in the administration of the Secretary's functions under this
subpart which are of interest to or affect the functions of the
Commission. The Secretary shall provide for close coordination with the
Corporation in the administration of the Secretary's functions under
this subpart which are of interest to or affect the functions of the
Corporation.
"(k) There are authorized to be appropriated $1,000,000 for each of
the fiscal years 1979, 1980, and 1981, to be used by the Secretary to
carry out the provisions of this subpart. Sums appropriated under this
subsection for any fiscal year shall remain available for payment of
grants or contracts for projects for which applications approved under
this subpart have been submitted within one year after the last day of
such fiscal year.". TITLE III-- CORPORATION FOR PUBLIC BROADCASTING
Sec. 301. Section 396(a) of the Communications Act of 1934 is
amended to read as follows:
" Sec. 396. (a) The Congress hereby finds and declares that--,
"(1) it is in the public interest to encourage the growth and
development of public radio and television broadcasting, including
the use of such media for instructional, educational, and cultural
purposes;
"(2) it is in the public interest to encourage the growth and
development of nonbroadcast telecommunications technologies for
the delivery of public telecommunications services;
"(3) expansion and development of public telecommunications and
of diversity of its programming depend on freedom, imagination,
and initiative on both local and national levels;
"(4) the encouragement and support of public
telecommunications, while matters of importance for private and
local development, are also of appropriate and important concern
to the Federal Government;
"(5) it furthers the general welfare to encourage public
telecommunications services which will be responsive to the
interests of people both in particular localities and throughout
the United States, and which will constitute an expression of
diversity and excellence;
"(6) it is necessary and appropriate for the Federal Government
to complement, assist, and support a national policy that will
most effectively make public telecommunications services available
to all citizens of the United States; and
"(7) a private corporation should be created to facilitate the
development of public telecommunications and to afford maximum
protection from extraneous interference and control.".
Sec. 302. Section 396 (d)(1) of the Communications Act of 1934 is
amended by striking out " President shall designate one of the members
firs appointed to the Board as Chairman; thereafter the".
Sec. 303. (a) Section 396(e)(1) of the Communications Act of 1934 is
amended by inserting after the first sentence the following new
sentence: " No officer or employee of the Corporation may be
compensated by the Corporation at an annual rate of pay which exceeds
the rate of basic pay in effect from time to time for level I of the
Executive Schedule under section 5312 of title 5, United States Code.".
(b) The amendment made by subsection (a) shall not be construed to
reduce the annual rate of pay of any officer or employee of the
Corporation for Public Broadcasting in any case in which (1) such
officer or employee was appointed or named to any position in the
Corporation before the date of the enactment of this Act; and (2) the
annual rate of pay for such position, as in effect on such date of
enactment, exceeds the maximum rate of pay established in section 396(
e) (1) of the Communications Act of 1934, as amended by subsection (a).
Sec. 304. Section 396 (g) of the Communications Act of 1934 is
amended to read as follows:
"(g) (1) In order to achieve the objectives and to carry out the
purposes of this subpart, as set out in subsection (a), the Corporation
is authorized to--,
"(A) facilitate the full development of public
telecommunications in which programs of high quality, diversity,
creativity, excellence, and innovation, which are obtained from
diverse sources, will be made available to public
telecommunications entities, with strict adherence to objectivity
and balance in all programs or series of programs of a
controversial nature;
"(B) assist in the establishment and development of one or more
interconnection systems to be used for the distribution of public
telecommunications services so that all public telecommunications
entities may disseminate such services at times chosen by the
entities;
"(C) assist in the establishment and development of one or more
systems of public telecommunications entities throughout the
United States; and
"(D) carry out its purposes and functions and engage in its
activities in ways that will most effectively assure the maximum
freedom of the public telecommunications entities and systems from
interference with, or control of, program content or other
activities.
"(2) In order to carry out the purposes set forth in subsection (a),
the Corporation is authorized to--,
"(A) obtain grants from and make contracts with individuals and
with private, State, and Federal agencies, organizations, and
institutions;
"(B) contract with or make grants to public telecommunications
entities, national, regional, and other systems of public
telecommunications entities, and independent producers and production
entities, for the production or acquisition of public telecommunications
services to be made available for use by public telecommunications
entities, except that--,
"(i) to the extent practicable, proposals for the provision of
assistance by the Corporation in the production or acquisition of
programs or series of programs shall be evaluated on the basis of
comparative merit by panels of outside experts, representing
diverse interests and perspectives, appointed by the Corporation;
and
"(ii) nothing in this subparagraph shall be construed to
prohibit the exercise by the Corporation of its prudent business
judgment with respect to any contract or grant to assist in the
production or acquisition of any program or series of programs
recommended by any such panel;
"(C) make payments to existing and new public telecommunications
entities to aid in financing the production or acquisition of public
telecommunications services by such entities, particularly innovative
approaches to such services, and other costs of operation of such
entities;
"(D) establish and maintain, or contribute to, a library and
archives of noncommercial educational and cultural radio and
awareness of, and disseminate information about, public
telecommunications services by various means, including the
publication of a journal;
"(E) arrange, by grant to or contract with appropriate public
or private agencies, organizations, or institutions, for
interconnection facilities suitable for distribution and
transmission of public telecommunications services to public
telecommunications entities;
"(F) hire or accept the voluntary services of consultants,
experts, advisory boards, and panels to aid the Corporation in
carrying out the purposes of this subpart;
"(G) conduct (directly or through grants or contracts)
research, demonstrations, or training in matters related to public
television or radio broadcasting and the use of nonbroadcast
communications technologies for the dissemination of noncommercial
educational and cultural television or radio programs;
"(H) make grants or contracts for the use of nonbroadcast
telecommunications technologies for the dissemination to the
public of public telecommunications services; and
"(I) take such other actions as may be necessary to accomplish
the purposes set forth in subsection (a).
Nothing contained in this paragraph shall be construed to commit the
Federal Government to provide any sums for the payment of any obligation
of the Corporation which exceeds amounts provided in advance in
appropriation Acts.
"(3) To carry out the foregoing purposes and engage in the foregoing
activities, the Corporation shall have the usual powers conferred upon a
nonprofit corporation by the District of Columbia Nonprofit Corporation
Act (D.C. Code, sec. 29 - 1001 et seq.), except that the Corporation is
prohibited from--,
"(A) owning or operating any television or radio broadcast station,
system, or network, community antenna television system,
interconnection system or facility, program production facility,
or any public telecommunications entity, system, or network; and
"(B) producing programs, scheduling programs for dissemination,
or disseminating programs to the public.
"(4) All meetings of the Board of Directors of the Corporation,
including any committee of the Board, shall be open to the public
under such terms, conditions, and exceptions as are set forth in
subsection (k)(4).
"(5) The Corporation, in consultation with public broadcast
stations, shall undertake a study to determine the manner in which
personal services of volunteers should be included in determining
the level of non-Federal financial support pursuant to subsection
(k) (2)(A). The study, which shall be completed not later than
180 days after the effective date of this paragraph, shall include
an examination of any fiscal, administrative, or other factors
which should be taken into account in determining the manner in
which such services should be so included, and shall include
proposed valuation standards. Upon completion, the study and the
proposed valuation standards shall be submitted to the Comptroller
General of the United States for approval.
"(6) The Corporation, in consultation with interested parties,
shall create a 5-year plan for the development of public
telecommunications services. Such plan shall be updated annually
by the Corporation.".
Sec. 305. Section 396(h) of the Communications Act of 1934 is
amended to read as follows:
"(h)(1) Nothing in this Act, or in any other provision of law, shall
be construed to prevent United States communications common carriers
from rendering free or reduced rate communications interconnection
services for public television or radio services, subject to such rules
and regulations as the Commission may prescribe.
"(2) Subject to such terms and conditions as may be established by
public telecommunications entities receiving space satellite
interconnection facilities or services purchased or arranged for, in
whole or in part, with funds authorized under this part, other public
telecommunications entities shall have reasonable access to such
facilities or services for the distribution of educational and cultural
programs to public telecommunications entities. Any remaining capacity
shall be made available to other persons for the transmission of
noncommercial educational and cultural programs and program information
relating to such programs, to public telecommunications entities, at a
charge or charges comparable to the charge or charges, if any, imposed
upon a public telecommunications entity for the distribution of
noncommercial educational and cultural programs to public
telecommunications entities. No such person shall be denied such access
whenever sufficient capacity is available.".
Sec. 306. Section 396(i) of the Communications Act of 1934 is
amended to read as follows:
"(i) (1) The Corporation shall submit an annual report for the
preceding fiscal year ending September 30 to the President for
transmital to the Congress on or before the 15th day of February of each
year. The report shall include--,
"(A) a comprehensive and detailed detailed report of the
Corporation's operations, activities, financial condition, and
accomplishments under this subpart and such recommendations as the
Corporation deems appropriate;
"(B) a comprehensive and detailed inventory of funds
distributed by Federal agencies to public telecommunications
entities during the preceding fiscal year; and
"(C) the summary of the annual report provided to the Secretary
pursuant to section 398 (b) (4).
"(2) The officers and directors of the Corporation shall be available
to testify before appropriate committees of the Congress with respect to
such report, the report of any audit made by the Comptroller General
pursuant to subsection (1), or any other matter which such committees
may determine.".
Sec. 307. (a) Section 396 (k) of the Communications Act of 1934 is
amended to read as follows:
"(k) (1) (A) There is hereby established in the Treasury a fund which
shall be known as the Public Broadcasting Fund (hereinafter in this
subsection referred to as the ' Fund'), to be administered by the
Secretary of the Treasury.
"(B) There is authorized to be appropriated to the Fund, for each of
the fiscal years 1978, 1979, and 1980, an amount equal to 40 percent of
the total amount of non-Federal financial support received by public
broadcasting entities during the fiscal year second preceding each such
fiscal year, except that the amount so appropriated shall not exceed
$121,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979,
and $160,000,000 for fiscal year 1980
"(C) There is authorized to be appropriated to the Fund, for each of
the fiscal years 1981, 1982, and 1983, an amount equal to 50 percent of
the total amount of non-Federal financial support received by public
broadcasting entities during the fiscal year second preceding each such
fiscal year, except that the amount so appropriated shall not exceed
$180,000,000 for fiscal year 1981, $200,000,000 for fiscal year 1982,
and $220,000,000 for fiscal year 1983.
"(D) Funds appropriated under this subsection shall remain available
until expended.
"(2) (A) The funds authorized to be appropriated by this subsection
shall be used by the Corporation, in a prudent and financially
responsible manner, solely for its grants, contracts, and administrative
costs, except that the Corporation may not use any funds appropriated
under this subpart for purposes of conducting any reception, or
providing any other entertainment, for any officer or employee of the
Federal Government or any State or local government. The Corporation
shall determine the amount of non-Federal financial support received by
public broadcasting entities during each of the fiscal years referred to
in paragraph (1) for the purpose of determining the amount of each
authorization, and shall certify such amount to the Secretary of the
Treasury, except that the Corporation may include in its certification
non-Federal financial support received by a public broadcasting entity
during its most recent fiscal year ending before September 30 of the
year for which certification is made. Upon receipt of such
certification, the Secretary of the Treasury shall make available to the
Corporation, from such funds as may be appropriated to the Fund, the
amount authorized for each of the fiscal years pursuant to the
provisions of this subsection.
"(B) Funds appropriated and made available under this subsection
shall be disbursed by the Secretary of the Treasury on a quarterly
basis, in such amounts as the Corporation certifies will be necessary to
meet its financial obligations in the succeeding quarter.
"(3) (A) The Corporation shall reserve for distribution among the
licensees and permittees of public television and radio stations an
amount equal to--,
"(i) not less than 40 percent of the funds disbursed by the
Corporation from the Fund under this section in each fiscal year
in which the amount disbursed is $88,000,000 or more, but less
than $121,000,000;
"(ii) not less than 45 percent of such funds in each fiscal
year in which the amount disbursed is $121,000,000 or more, but
less than $160,000,000; and
"(iii) not less than 50 percent of such funds in each fiscal
year in which the amount disbursed is $160,000,000 or more.
"(B) (i) The Corporation shall establish an annual budget according
to which it shall make grants and contracts for production of public
television or radio programs by independent producers and production
entities and public telecommunications entities, for acquisition of such
programs by public telecommunications entities, for interconnection
facilities and operations, for distribution of funds among public
telecommunications entities, and for engineering and program-related
research. A significant portion of funds available under the budget
established by the Corporation under this subparagraph shall be used for
funding the production of television and radio programs. Of such
portion, a substantial amount shall be reserved for distribution to
independent producers and production entities for the production of
programs.
"(ii) All funds contained in the annual budget established by the
Corporation under clause (i) shall be distributed to entities outside
the Corporation and shall not be used for the general administrative
costs of the Corporation, the salaries or related expenses of
Corporation personnel and members of the Board, or for expenses of
consultants and advisers to the Corporation.
"(iii) During each of the fiscal years 1981, 1982, and 1983, the
annual budget established by the Corporation under clause (i) shall
consist of not less than 95 percent of the funds made available by the
Secretary of the Treasury to the Corporation pursuant to paragraph (2)
(A).
"(iv) In determining the amount of funds which shall be made
available for radio programming and operations under this subparagraph,
the Corporation shall take into account the increased financial needs
relating to radio programming and operations resulting from the
expansion and development of noncommercial radio broadcast station
facilities through the use of funds made available pursuant to section
393 (d).
"(C) In fiscal year 1981, the Corporation may expand an amount equal
to not more than 5 percent of the funds made available by the Secretary
of the Treasury during such fiscal year pursuant to paragraph (2) (A)
for those activities authorized under subsection (g) (2) which are not
among those grant activities described in subparagraph (B).
"(D) In fiscal years 1982 and 1983, the amount which the Corporation
may expend for activities authorized under subsection (g) (2) which are
not among those grant activities described in subparagraph (B) shall be
105 percent of the amount derived for the preceding fiscal year.
"(4) Funds may not be distributed pursuant to this subsection to the
Public Broadcasting Service or National Public Radio (or any successor
organization), or to the licensee or permittee of any public broadcast
station, unless the governing body of any such organization, any
committee of such governing body, or any advisory body of any such
organization, holds open meetings preceded by reasonable notice to the
public. All persons shall be permitted to attend any meeting of the
board, or of any such committee or body, and no person shall be
required, as a condition to attendance at any such meeting, to register
such person's name or to provide any other information. Nothing
contained in this paragraph shall be construed to prevent any such
board, committee, or body from holding closed sessions to consider
matters relating to individual employees, proprietary information,
litigation and other matters requiring the confidential advice of
counsel, commercial or financial information obtained from a person on a
privileged or confidential basis, or the purchase of property or
services whenever the premature exposure of such purchase would
compromise the business interests of any such organization. if any such
meeting is closed pursuant to the provisions of this paragraph, the
organization involved shall thereafter (within a reasonable period of
time) make available to the public a written statement containing an
explanation of the reasons for closing the meeting.
"(5) Funds may not be distributed pursuant to this subsection to any
public telecommunications entity that does nt maintain for public
examination copies of the annual financial and audit reports, or other
information regarding finances, submitted to the Corporation pursuant to
subsection (1) (3) (B).
"(6) (A) The Corporation, in consultation with public television and
radio licensees, shall review annualy the percentage of funds reserved
pursuant to paragraph (3) (A), and the criteria and conditions regarding
the division and distribution of such funds among public television and
radio stations.
"(B) The funds reserved for public broadcast stations pursuant to
paragraph (3) (A) shall be divided into two portions, one to be
distributed among radio stations and one to be distributed among
television stations. The Corporation shall make a basic grant from the
portion reserved for television stations to each licensee and permittee
of a public television station that is on the air. The balance of the
portion reserved for television stations and the total portion reserved
for radio stations shall be distributed to licensees and permittees of
such stations in accordance with eligibility criteria that promote the
public interest in public broadcasting, and on the basis of a formula
designed to--,
"(i) provide for the financial needs and requirements of
stations in relation to the communities and audiences such
stations undertake to serve;
"(ii) maintain existing, and stimulate new, sources of
non-Federal financial support for stations by providing incentives
for increases in such support; and
"(iii) assure that each eligible licensee and permittee of a
public radio station receives a basic grant.
"(7) No distribution of funds pursuant to this subsection shall
exceed, in any fiscal year, 50 percent of a licensee's or permittee's
total non-Federal financial support during the fiscal year second
preceding the fiscal year in which such distribution is made.
"(8) The funds distributed pursuant to paragraph (3) (A) may be used
at the discretion of the recipient for purposes relating to the
provision of public television and radio programming, including, but not
limited to--,
"(A) producing, acquiring, broadcasting, or otherwise
disseminating public television or radio programs;
"(B) procuring national or regional program distribution
services that make public television or radio programs available
for broadcast or other dissemination at times chosen by stations;
"(C) acquiring, replacing, or maintaining facilities, and real
property used with facilities, for the production, broadcast, or
other dissemination of public television and radio programs; and
"(D) developing and using nonbroadcast communications
technologies for public television or radio programming purposes.
"(9) (A) Funds may not be distributed pursuant to this subpart to any
public broadcast station unless such station establishes a community
advisory board. Any such station shall undertake good faith efforts to
assure that the composition of its advisory board reasonably reflects
the diverse needs and interests of the communities served by such
station.
"(B) The board shall be permitted to review the programming goals
established by the station, the service provided by the station, and the
significant policy decisions rendered by the station. The board may
also be delegated any other responsibilities, as determined by the
governing body of the station. The board shall advise the governing
body of the station with respect to whether the programming and other
policies of such station are meeting the specialized educational and
cultural needs of the communities served by the station,and may make
such recommendations as it considers appropriate to meet such needs.
"(C) The role of the board shall be solely advisory in nature, except
to the extent other responsibilities are delegated to the board by the
governing body of the station. In no case shall the board have any
authority to exercise any control over the daily management or operation
of the station.
"(D) In the case of any public broadcast station in existence on the
effective date of this paragraph, such station shall comply with the
requirements of this paragraph with respect to the establishement of a
community advisory board not later than 180 days after such effective
date.
"(E) The provision of subparagraph (A) prohibiting the distribution
of funds to any public broadcast station unless such station establishes
a community advisory board shall be the exclusive remedy for the
enforcement of the provisions of this paragraph.
"(10) Funds may not be distributed pursuant to this subsection to the
Public Broadcasting Service or National Public Radio (or any successor
organization) unless assurances are provided to the Corporation that no
officer or employee of the Public Broadcasting Service or National
Public Radio (or any successor organization), as the case may be, will
be compensated at an annual rate of pay which exceeds the rate of basic
pay in effect from time to time for level I of the Executive Schedule
under section 5312 of title 5, United States Code.".
(b) Section 396 (k) (10) of the Communications Act of 1934, as added
by subsection (a), shall not be construed to reduce the annual rate of
pay of any officer or employee of the Public Broadcasting Service or
National Public Radio (or any successor organization) in any case in
which (1) such officer or employee was appointed or named to any
position in the Public Broadcasting Service or National Public Radio (or
any successor organization) before the date of the enactment of this
Act; and (2) the annual rate of pay for such position, as in effect on
such date of enactment, exceeds the maximum rate of pay established in
section 396 (k) (10) of the Communications Act of 1934, as added by
subsection (a).
Sec. 308. Section 396 (1) (3) of the Communications Act of 1934 is
amended to read as follows:
"(3) (A) Not later than 1 year after the effective date of this
paragraph, the Corporation, in consultation with the Comptroller
General, and as appropriate with others, shall develop accounting
principles which shall be used uniformly by all public
telecommunications entities receiving funds under this subpart, taking
into account organizational differences among various categories of such
entities. Such principles shall be designed to account fully for all
funds received and expended for public telecommunications purposes by
such entities.
"(B) Each public telecommunications entity receiving funds under this
subpart shall be required--,
"(i) to keep its books, records, and accounts in such form as
may be required by the Corporation;
"(ii) to undergo an annual audit by independent certified
public accountants or independent licensed public accountants
certified or licensed by a regulatory authority of a State, which
audit shall be in accordance with auditing standards developed by
the Corporation, in consultation with the Comptroller General;
and
"(iii) to furnish annually to the Corporation a copy of the
audit report required pursuant to clause (ii), as well as such
other information regarding finances (including an annual
financial report) as the Corporation may require.
"(C) Any recipient of assistance by grant or contract under this
section, other than a fixed price contract awarded pursuant to
competitive bidding procedures, shall keep such records as may be
reasonably necessary to disclose fully the amount and the disposition by
such recipient of such assistance, the total cost of the project or
undertaking in connection with which such assistance is given or used,
and the amount and nature 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.
"(D) The Corporation or any of its duly authorized representatives
shall have access to any books, documents, papers, and records of any
recipient of assistance for the purpose of auditing and examining all
funds received or expended for public telecommunications purposes by the
recipient. The Comptroller General of the United States or any of his
duly authorized representatives also shall have access to such books,
documents, papers, and records for the purpose of auditing and examining
all funds received or expended for public telecommunications purposes
during any fiscal year for which Federal funds are available to the
Corporation.".
Sec. 309. Section 398 of the Communications Act of 1934 is amended
to read as follows: " FEDERAL INTERFERENCE OR CONTROL PROHIBITED;
EQUAL EMPLOYMENT
" Sec. 398. (a) Nothing contained in this part shall be deemed (1)
to amend any other provision of, or requirement under, this Act; or (2)
except to the extent authorized in subsection (b), to authorize any
department, agency, officer, or employee of the United States to
exercise any direction, supervision, or control over public
telecommunications, or over the Corporation or any of its grantees or
contractors, or over the charter or bylaws of the Corporation, or over
the curriculum, program of instruction, or personnel of any educational
institution, school system, or public telecommunications entity.
"(b) (1) Equal opportunity in employment shall be afforded to all
persons by the Public Broadcasting Service and National Public Radio (or
any successor organization) and by all public telecommunications
entities receiving funds pursuant to subpart C (hereinafter in this
subsection referred to as 'recipients'), and no person shall be
subjected to discrimination in employment by any recipient on the
grounds of race, color, religion, national origin, or sex.
"(2) (A) The Secretary is authorized and directed to enforce this
subsection and to prescribe such rules and regulations as may be
necessary to carry out the functions of the Secretary under this
subsection.
"(B) The Secretary shall provide for close coordination with the
Commission in the administration of the responsibilities of the
Secretary under this subsection which are of interest to or affect the
functions of the Commission so that, to the maximum extent possible
consistent with the enforcement responsibilities of each, the reporting
requirements of public telecommunications entities shall be uniformly
based upon consistent definitions and categories of information.
"(3) (A) The Corporation shall incorporate into each grant agreement
or contract with any recipient entered into on or after the effective
date of the rules and regulations prescribed by the Secretary pursuant
to paragraph (2) (A), a statement indicating that, as a material part of
the terms and conditions of the grant agreement or contract, the
recipient will comply with the provisions of paragraph (1) and the rules
and regulations prescribed pursuant to paragraph (2) (A). Any person
which desires to be a recipient (within the meaning of paragraph (1)) of
funds under subpart C shall, before receiving any such funds, provide to
the Corporation any information which the Corporation may require to
satisfy itself that such person is affording equal opportunity in
employment in accordance with the requirements of this subsection.
Determinations made by the Corporation in accordance with the preceding
sentence shall be based upon guidelines relating to equal opportunity in
employment which shall be established by rule by the Secretary.
"(B) If the Corporation is not satisfied that any such person is
affording equal opportunity in employment in accordance with the
requirements of this subsection, the Corporation shall notify the
Secretary, and the Secretary shall review the matter and make a final
determination regarding whether such person is affording equal
opportunity in employment. In any case in which the Secretary conducts
a review under the preceding sentence, the Corporation shall make funds
available to the person involved pursuant to the grant application of
such person (if the Corporation would have approved such application but
for the finding of the Corporation under this paragraph) pending a final
determination of the Secretary upon completion of such review. The
Corporation shall monitor the equal employment opportunity practices of
each recipient throughout the duration of the grant or contract.
"(C) The provisions of subparagraph (A) and subparagraph (B) shall
take effect on the effective date of the rules and regulations
prescribed by the Secretary pursuant to paragraph (2) (A).
"(4) Based upon its responsibilities under paragraph (3), the
Corporation shall provide an annual report for the preceding fiscal year
ending September 30 to the Secretary on or before the 15th day of
February of each year. The report shall contain information in the form
required by the Secretary. The Corporation shall submit a summary of
such report to the President and the Congress as part of the report
required in section 396(i). The Corporation shall provide other
information in the form which the Secretary may require in order to
carry out the functions of the Secretary under this subsection.
"(5) Whenever the Secretary makes a final determination, pursuant to
the rules and regulations which the Secretary shall prescribe, that a
recipient is not in compliance with paragraph (1), the Secretary shall,
within 10 days after such determination, notify the recipient in writing
of such determination and request the recipient to secure compliance.
Unless the recipient within 120 days after receipt of such written
notice--,
"(A) demonstrates to the Secretary that the violation has been
corrected; or
"(B) enters into a compliance agreement approved by the
Secretary;
the Secretary shall direct the Corporation to reduce or suspend any
further payments of funds under this part to the recipient and the
Corporation shall comply with such directive. Resumption of payments
shall take place only when the Secretary certifies to the Corporation
that the recipient has entered into a compliance agreement approved by
the Secretary. A recipient whose funds have been reduced or suspended
under this paragraph may apply at any time to the Secretary for such
certification.
"(c) Nothing in this section shall be construed to authorize any
department, agency, officer, or employee of the United States to
exercise any direction, supervision, or control over the content or
distribution of public telecommunications programs and services, or over
the curriculum or program of instruction of any educational institution
or school system.".
TITLE IV-- MISCELLANEOUS PROVISIONS; EFFECTIVE DATE
Sec. 401. Section 397 of the Communications Act of 1934 is amended
to read as follows:
" Sec. 397. For the purposes of this part--,
"(1) The term 'construction' (as applied to public telecommunications
facilities) means acquisition (including acquisition by lease),
installation, and modernization of public telecommunications facilities
and planning and preparatory steps incidental to any such acquisition,
installation, or modernization.
"(2) The term ' Corporation' means the Corporation for Public
Broadcasting authorized to be established in subpart C.
"(3) The term 'interconnection' means the use of microwave equipment,
boosters, translators, repeaters, communication space satellites, or
other apparatus or equipment for the transmission and distribution of
television or radio programs to public telecommunications entities.
"(4) The term 'interconnection system' means any system of
interconnection facilities used for the distribution of programs to
public telecommunications entities.
"(5) The term 'meeting' means the deliberations of at least the
number of members of a governing or advisory body, or any committee
thereof, required to take action on behalf of such body or committee
where such deliberations determine or result in the joint conduct or
disposition of the governing or advisory body's business, or the
committee's business, as the case may be, but only to the extent that
such deliberations relate to public broadcasting.
"(6) The terms 'noncommercial educational broadcast station' and
'public broadcast station' mean a television or radio broadcast station
which--,
"(A) under the rules and regulations of the Commission in
effect on the effective date of this paragraph, is eligible to be
licensed by the Commission as a noncommercial educational radio or
television broadcast station and which is owned and operated by a
public agency or nonprofit private foundation, corporation, or
association; or
"(B) is owned and operated by a municipality and which
transmits only noncommercial programs for education purposes.
"(7) The term 'noncommercial telecommunications entity' means any
enterprise which--,
"(A) is owned and operated by a State, a political or special
purpose subdivision of a State, a public agency, or a nonprofit
private foundation, corporation, or association; and
"(B) has been organized primarily for the purpose of
disseminating audio or video noncommercial educational and
cultural programs to the public by means other than a primary
television or radio broadcast station, including, but not limited
to, coaxial cable, optical fiber, broadcast translators,
cassettes, discs, microwave, or laser transmission through the
atmosphere.
"(8) The term 'nonprofit' (as applied to any foundation, corporation,
or association) means a foundation, corporation, or association, no part
of the net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
"(9) The term 'non-Federal financial support' means the total value
of cash and the fair market value of property and services (including,
to the extent provided in the second sentence of this paragraph, the
personal services of volunteers) received--,
"(A) as gifts, grants, bequests, donations, or other
contributions for the construction or operation of noncommercial
educational broadcast stations, or for the production,
acquisition, distribution, or dissemination of educational
television or radio programs, and related activities, from any
source other than (i) the United States or any agency or
instrumentality of the United States; or (ii) any public
broadcasting entity; or
"(B) as gifts, grants, donations, contributions, or payments
from any State, or any educational institution, for the
construction or operation of noncommercial educational broadcast
stations or for the production, acquisition, distribution, or
dissemination of educational television or radio programs, or
payments in exchange for services or materials with respect to the
provision of educational or instructional television or radio
programs.
Such term includes the fair market value of personal services of
volunteers, as computed using the valuation standards established by the
Corporation and approved by the Comptroller General pursuant to section
396(g) (5), but only with respect to such services provided to public
telecommunications entities after such standards are approved by the
Comptroller General and only, with respect to such an entity in a fiscal
year, to the extent that the value of the services does not exceed 5
percent of the total non-Federal financial support of the entity in such
fiscal year.
"(10) The term 'preoperational expenses' means all nonconstruction
costs incurred by new telecommunications entities before the date on
which they begin providing service to the public, and all
nonconstruction costs associated with expansion of existing entities
before the date on which such expanded capacity is activated, except
that such expenses shall not include any portion of the salaries of any
personnel employed by an operating public telecommunications entity.
"(11) The term 'public broadcasting entity' means the Corporation,
any licensee or permittee of a public broadcast station, or any
non-profit institution engaged primarily in the production, acquisition,
distribution, or dissemination, of educational and cultural television
or radio programs.
"(12) The term 'public telecommunications entity' means any
enterprise which--,
"(A) is a public broadcast station or a noncommercial
telecommunications entity; and
"(B) disseminates public telecommunications services to the
public.
"(13) The term 'public telecommunications facilities' means apparatus
necessary for production, interconnection, captioning, broadcast, or
other distribution of programming, including, but not limited to, studio
equipment,cameras, microphones, audio and video storage or reproduction
equipment, or both, signal processors and switchers, towers, antennas,
transmitters, translators, microwave equipment, mobile equipment,
satellite communications equipment, instructional television fixed
service equipment, subsidiary communications authorization transmitting
and receiving equipment, cable television equipment, video and audio
cassettes and discs, optical fiber communications equipment, and other
means of transmitting, emitting, storing, and receiving images and
sounds, or intelligence, except that such term does not include the
buildings to house such apparatus (other than small equipment shelters
which are part of satellite earth stations, translators, microwave
interconnection facilities, and similar facilites).
"(14) The term 'public telecommunications services' means
non-commercial educational and cultural radio and television programs,
and related noncommercial instructional or informational material that
may be transmitted by means of electronic communications.
"(15) The term ' Secretary' means the Secretary of Commerce when such
term is used in subpart A, and the Secretary of Health, Education, and
Welfare when such term is used in subpart B, subpart C, and this
subpart.
"(16) The term ' State' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and the Trust Territory of the Pacific
Islands.
"(17) The term 'system of public telecommunications entities' means
any combination of public telecommunications entities acting
cooperatively to produce, acquire, or distribute programs, or to
undertake related activities.".
ADMINISTRATION
ANNUAL REPORT
Sec. 402. The National Telecommunications and Information
Administration shall submit an annual report to the Congress not later
than January 31 of each calendar year, beginning with calendar year
1980. Each such report shall relate to the preceding calendar year and
shall contain information on the activities of the Administration with
respect to domestic communications, international communications,
Federal Government communications, spectrum plans and policies, and any
other matters.
Sec. 403. The provisions of this Act, and the amendments made by
this Act, shall take effect on the date of the enactment of this Act.
Approved November 2, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 1178 (Comm. on Interstate and Foreign
Commerce) and No. 95 - 1774 (Comm. of Conference).
SENATE REPORT No. 95 - 858, accompanying S. 2883 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
July 10, considered and passed House.
Sept. 19, considered and passed Senate, amended, in lieu of S.
2883.
Oct. 13, House agreed to conference report.
Oct. 14, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44:
Nov. 2, Presidential statement.
PUBLIC LAW 95-566, 92 STAT. 2403, MIDDLE INCOME STUDENT ASSISTANCE
ACT.
to increase the availability
ability of assistance to middle-income students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Middle Income Student Assistance Act".
Sec. 2. (a) Section 411(a)(3)(B) of the Higher education Act of 1965
(hereinafter in this Act referred to as the " Act") is amended by adding
at the end thereof the following new division:
"(iv) In determining the expected family contribution under this
subparagraph for any academic year after academic year 1978-1979, an
assessment rate of not more than 10.5 per centum shall be applied to
parental discretionary income.".
(b) Section 411(a)(3)(C) of the Act is amended by adding at the end
thereof the following: " In addition, such regulations shall--,
(i) provide that the portion of assets which shall be exempt
from assessment for contribution for an independent student who
has one or more dependents shall be the same as the portion so
exempt for the family of a dependent student;
"(ii) provide that the rate of assessment for contribution on
that portion of assets of such an independent student which is not
exempt under division (i) shall be the same as the rate applied to
the comparable portion of assets of the family of a dependent
student; and
(iii) in establishing a portion of effective family income
which shall be exempt from assessment for contribution by reason
of subsistence requirements of independent students who have no
dependents, use the same method for computation of such portion
for such students as is used for dependent students and for
independent students who have dependents.". (c) Section 411(b)(
3)(i) is amended--,
(1) by redesignating subdivisions (II), (III), and (IV) as
subdivisions (IV), (V), and (VI), respectively; and
(2) by striking out subdivision (I) and inserting in lieu
thereof the following:
"(I) the full amount in the case of any entitlement which
exceeds $1,600;
"(II) in the case of any entitlement which exceeds $1,200 but
does not exceed $1,600,90 per centum thereof;
"(III) in the case of any entitlement which exceeds $1,000 but
does not exceed $1,200,75 per centum thereof;". (d) Section 411(
b)(5) of the Act is amended to read as follows:
"(5) No payment may be made on the basis of entitlements
established under this subpart during the fiscal year ending
September 30, 1980, if, for such fiscal year--,
"(A) the appropriation for making grants under subpart 2 of
this part does not at least equal $370,000,000;
"(B) the appropriation for work-study payments under section
441 of this title does not at least equal $500,000,000; and
"(C) the approiation for capital contributions to student loan
funds under part E of this title does not at least equal
$286,000,000.".
Sec. 3. Section 415 C(b)(4) of the Act is amended by inserting
before the semicolon at the end thereof a comma and the following:
"except in any State in which participation of nonprofit institutions of
higher education is in violation of the constitution of the State".
Sec. 4. Section 417 B(b) of the Higher Education Act of 1965 is
amended by inserting immediately after paragraph (5) the following new
sentence: " No individual who is an eligible veteran, as that term is
defined by section 1652(a) of title 38, United States Code, shall be
deemed ineligible to participate in any program under this subsection by
reason of such individual's age.".
Sec. 5. (a)(1) Section 427(a)(2)(C)(i) of the Act is amended by
striking out "or" and by inserting immediately after " Commissioner,"
the following: "or pursuant to a rehabilitation training program for
disabled individuals approved by the Commissioner,".
(2) Section 428(b)(1)(M)(i) of the Act is amended by striking out
"or" and by inserting immediately after " Commissioner," the following:
"or pursuant to a rehabilitation training program for disabled
individuals approved by the Commissioner,".
(b)(1) Section 428(a)(2) of the Act is amended--,
(A) by striking out subparagraphs (A) and (B) and inserting in
lieu thereof the following:
"(2)(A) Each student qualifying for a portion of an interest payment
under paragraph (1) shall have provided to the lender a statement from
the eligible institution, at which the student has been accepted for
enrollment, or at which he is in attendance in good standing (as
determined by the institution), which--,
"(i) sets forth such student's estimated cost of attendance,
and
"(ii) sets forth such student's estimated financial
assistance."; and
(B) by redesignating subparagraph (C) as subparagraph (B) and
by striking out subparagraph (D).
(2) Section 425(a)(1)(A) of the Act is amended by striking out
"section 428(a)(2)(i)" and inserting in lieu thereof "section 428 (a)(
2)(B)(i)".
(3) Section 428(a)(2)(B) of the Act (as redesignated by paragraph
(1)(A) of this subsection) is amended by striking out the semicolon at
the end of clause (iii) and inserting in lieu thereof a period and by
striking out clause (iv) of such section.
(4) Section 428(a) of the Act is amended by striking out paragraph
(9).
(5) Section 428(b)(1)(A)(i) of the Act is amended by striking out
"section 428(a)(2)(C)(i)" and inserting in lieu thereof "section 428(
a)(2)(B)(i)".
Sec. 6. Section 491(b)(3) of the Act is amended by inserting
immediately after the first sentence thereof the following new sentence:
" Such term also includes a proprietary educational institution in any
State which, in lieu of the requirement in clause (1) of section
1201(a), admits as regular students persons who are beyond the age of
compulsory school attendance in the State in which the institution is
located and who have the ability to benefit from the training offered by
the institution.".
Sec. 7. Section 497 of the Act is amended by adding after subsection
(c) thereof the following new subsection:
"(d) Any determinations of need made for the purposes of part C or
part E of this title shall include considerations of the factor
described in section 413 C(a)(2)(v). Nothing in this subsection shall
be deemed to prohibit the taking into account for the purposes of such
parts of other factors used for the determination of need under other
parts of this title.".
Sec. 8. Part B of title IV of the Act is further amended by
inserting after section 439 A the following new section:
" Sec. 439 B. Any loan under this part may be counted as part of the
expected family contribution in the determination of need for parts A,
C, and E of this title, notwithstanding any other provisions of parts A,
C, and E.".
Sec. 9. The amendments made by this Act shall take effect upon
enactment, except that the amendments made by subsections (a), (b), and
(c), of section 2 shall be effective with respect to periods of
enrollment beginning on or after August 1, 1979.
Approved November 1, 1978.
LEGISLATIVE HISTORY:
SENATE REPORT No. 95-643 (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Aug. 15, 16, considered and passed Senate.
Oct. 14, H.R. 11274 considered and passed House; passage
vacated, and S. 2539, amended, passed in lieu.
Oct. 15, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Nov.
1, Presidential statement.
PUBLIC LAW 95-565, 92 STAT. 2397, UNITED STATES RAILWAY ASSOCIATION
AMENDMENTS ACT OF 1978.
to authorize the purchase
of an additional $1,200,000,000 of the series A
preferred stock of the Corporation,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " United States Railway Association Amendments Act of
1978".
Sec. 2. (a) Section 216 (a) of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 726(a)) // 45 USC 701. // is amended by striking out
"$1,100,000,000". and inserting in lieu thereof "$2,300,000,000".
(b) Section 216 (b)(2) of such Act (45 U.S.C. 716 (b)(2) // 45 USC
726. // is amended by striking out "$1,100,000,000" and inserting in
lieu thereof "$2,300,000,000".
(c) Section 216(f) of such Act (45 U.S.C. 726(f)) is amended by
striking out "$2,100,000,000" and inserting in lieu thereof
"$3,300,000,000".
Sec. 3. Section 216 of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 726) is further amended by redesignating subsection (f)
thereof as subsection (g) and by inserting immediately after subsection
(e) thereof a new subsection as follows:
"(f)(1) The Association shall not invest the final $345,000,000 of
the additional investment in the Corporation authorized by the Regional
Rail Reorganization Act Amendments of 1978 unless and until (A) the
Corporation has in effect an employee stock ownership plan which
satisfies the requirements of paragraphs (2) and (3), and (B) the
requirements of the other paragraphs of this subsection have been
satisfied.
"(2) The employee stock ownership plan shall:
"(A) provide: "(i) for a transfer to the plan and allocation
to the accounts of plan participants in periodic installments of
Series A preferred stock of the Corporation with a stated
redemption value of at least $345,000,000 or any other securities
in an amount determined by the Association, with the concurrence
of the Finance Committee, as constituting a meaningful interest in
the Corporation, or any combination thereof so determined by the
Association, with the concurrence of the Finance Committee. The
use of Series A preferred stock to fund the Employee Stock
Ownership Plan shall not be interpreted to relieve Con Rail of the
responsibility for repaying in full to the United States Railway
Association its indebtedness as represented by all shares
originally issued under Public Law 94-210 and this Act;
"(ii) for immediate vesting of the rights of participants to
such securities upon allocation, subject to defeasance as a result
of the plan's termination which termination shall occur in the
event that, by the end of the 120th month beginning after the
month in which securities or interests therein are first allocated
to participants' accounts, the Corporation has not
attained for two consecutive quarters positive net income and
a freight labor cost to freight revenue ratio equal to the
average
such ratio for all Class I railroads in 1977, as determined
pursuant to procedures adopted by the Corporation pursuant
to regulations promulgated by the Association with the
concurrence
of the Finance Committee;
(B) be an employee benefit plan which is designed to invest primarily
in employer securities;
"(C) meets such other requirements (similar to requirements
applicable to employee stock ownership plans as defined in section
4975(e)(7) of the Internal Revenue Code of 1954) // 26 USC 4975. // as
the Secretary of the Treasury or his delegate may describe;
"(D) have been approved by the Board of Directors of the Corporation
to the extent and in the manner which may be required by the
Corporation's articles of incorporation and bylaws then in effect; and
"(E) have been prepared in consultation with, and been approved by,
the Association and the Finance Committee. "(3) Notwithstanding any
other provision of law, if a plan does not meet the requirements of
section 401 of the Internal Revenue Code of 1954--, // 26 USC 401. //
"(A) stock transferred under paragraph (2) and allocated to the
account of any participant under paragraph (2) shall not be considered
income of the participant or his beneficiary under the Internal Revenue
Code of 1954 until such stock or dividends are actually distributed or
made available to the participant or his beneficiary and, at such time,
shall be taxable under section 72 of the Internal Revenue Code of 1954
// 26 USC 72. // (treating the participant or his beneficiary as having
a basis of 0 in the stock);
"(B) no amount shall be allocated to any participant under the plan
in excess of the amount which might be allocated if the plan met the
requirements of section 401 of the Internal Revenue Code of 1954; and
"(C) the plan must meet the requirements of sections 410 and
415 of the Internal Revenue Code of 1954. // 26 USC 410, 415. //
"(4) The Corporation shall adopt such terms and conditions governing the
securities or interests therein to be transferred to the plan (including
limitations on voting rights) as the Association, with the concurrence
of the Finance Committee, determines are necessary to protect reasonably
the interests of the United States in the litigation pursuant to section
303(c) of this Act // 45 USC 743. // and in the event of any action to
further reorganize or restructure the Corporation's assets or capital
structure.
"(5) The Corporation, the Association, and a representative appointed
by the Chairman of the Railway Labor Executives' association as
representative of all the classes or crafts of employees of the
Corporation shall engage in negotiations to agree upon a plan in
accordance with the provisions of this subsection. The parties shall
incorporate their agreement into a written plan instrument specifying
the terms and conditions set forth in this subsection and such other
terms and conditions as they may decide upon, with the concurrence of
the Finance Committee, unless the parties are unable to reach on an
agreement on the plan following the exertion of every reasonable effort
to do so, in accordance with the Railway Labor Act, in which event, the
Corporation and the Association, with the concurrence of the Finance
Committee, shall establish a written plan with such terms and conditions
as they may agree upon in accordance with this subsection. within one
year after the effective date of this subsection, the Corporation shall
transmit a draft of such plan to the Congress and shall report on its
progress in establishing and administering the plan. The report shall
include recommendations of contractual and statutory provisions
necessary to reasonably (A) exempt any Trustee of the plan, the
Corporation, the Association, any member of the Finance Committee, and
any other person from any fiduciary duty, responsibility or liability
for the acquisition of, investment in, or retention of any security or
interest therein of the Corporation or for any other transaction
contemplated by this subsection and (B) provide for the United States to
indemnify, defend, and hold harmless such persons against any and all
liabilities, claims, actions, judgments, amounts paid in settlement, and
costs and expenses actually incurred in connection with any matter so
exempted in which it is determined that such persons were acting in good
faith and in a manner they believed to not be opposed to the best
interests of the plan.
"(6) Within fourteen months of the effective date of this subsection,
the Association shall report to the Congress on the draft plan and on
any legal obstacle to the ability of the Corporation to effectuate and
implement an employee stock ownership plan of the nature contemplated by
this subsection, including specific recommendations on amendments to
this subsection and other relevant laws which would harmonize the
requirements of this subsection with those other laws. The Department
of Transportation and the Department of the Treastury, as each finds
appropriate, shall provide separate comments to the Association for
inclusion with such report.
"(7) For the purposes of this subsection, the officers of each duly
authorized representative of the crafts or classes of the employees of
the Corporation who have been given leaves of absence by the Corporation
to serve as such officers, are to be eligible to participate in such
plan on the same basis as are employees whose employment is governed by
a collective bargaining agreement with the Corporation.".
sec. 4. (a) The first section of the Act // 43 USC 975. // entitled
" An Act to authorize the President of the United States to locate,
construct, and operate railroads in the Territory of Alaska, and for
other purposes", approved March 12, 1914 (38 Stat. 305; 43 U. S.C.
957), is amended by inserting after "to fix compensation of all
officers, agents, or other employees designated by him;" the following:
"and, notwithstanding any other provision of law or regulation, to fix
relocation, travel and transportation expenses for the General Manager
of the railroad designated under this Act".
(b) This section // 43 USC 975. // shall apply to the General
Manager serving on the date of enactment of this section with respect to
relocation, travel, or transportation expenses which were incurred
before or after the date of enactment of this section.
Sec. 5. Section 505 of the Railroad Revitalization and Regulatory
Reform Act (45 U.S.C. 825) is amended by (a) striking the last sentence
of subsection (d)(3) thereof; and (b) striking "purchase under this
title after September 30, 1978," and inserting in lieu thereof ",after
September 30, 1979, make commitments to purchase under this title" in
subsection (e) thereof.
Sec. 6. (a) The Consolidated Rail Corporation shall (1) carry out
such reconstruction of the railroad bridge over the Hudson River at
Poughkeepsie, New York, as is necessary for the purposes of this section
and make appropriate repairs and improvements in rail yards and tracks
which service the rail system using such bridge, (2) restore freight
service on such system at least to the extent provided prior to the fire
damage to such bridge in 1974, and (3) take appropriate steps to promote
the use of such system.
(b) There is authorized to be appropriated to the Secretary of
Transportation not to exceed $9,000,000 for making payments to the
Corporation to cover costs incurred pursuant to subsection (a)(1).
Sec. 7. Section 307 of the Regional Rail Reorganization Act // 45
USC 747. // is amended by inserting after subsection (b) a new
subsection (c) as follows:
"(c) Monitoring of the Corporation.--(1) The Association shall also
report to the Congress, in accordance with this subsection, on the
policies of the Corporation and the results of such policies with
respect to operations, cost containment, and marketing.
"(2) Within 90 days after the date of enactment of this subsection,
the Association shall (A) subdivide each such policy area into
constituent parts or groups of parts which are specific and significant,
(B) identify the most appropriate indicia to reflect accurately such
parts or groups of parts, and (C)(i) determine any and all deficiencies
in data used to compute the values of such indicia including consistency
and clarity of definitions, timeliness of data entry, editing and
validation of input data, and processing, and (ii) outline the efforts
of the Association and Corporation to correct the deficiencies and the
results of such efforts. On or before the end of such 90-day period,
the Association shall submit to the Congress such methodological
information and additional information which the Association deems
necessary or appropriate to further the purpose of this title.
"(3) Using such indicia, the Association shall report on (A) the
relationship of each constituent part or groups of parts to the
Corporation's revenue and capital and operating expenses, (B) the extent
to which such parts or group of parts contributes to profits or losses,
(C) the efforts of management to contain or reduce the contribution of
such part or group of parts to losses, (D) the results of such efforts,
and (E) such other information as the Association deems necessary or
appropriate.
"(4) The Association shall (A) transmit to the Congress the first
such monitoring report pursuant to paragraph (3) at the end of the first
calendar quarter which begins after the end of the 90-day period for
preparation and submission of the methodological information pursuant to
paragraph (2), (B) report such monitoring information to the Congress at
the end of the first quarter of each calendar year thereafter, (C)
update methodological and monitoring information periodically as the
Association deems necessary or appropriate, but in no case less
frequently than once a year, and (D) where the results of such updating
are statistically significant or relevant to Congressional policymaking,
report them and the reasons for their significance at the end of the
calendar quarter in which the updating occurred.".
Approved November 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-1175, accompanying H.R. 12161 (Comm. on
Interstate and Foreign Commerce).
SENATE REPORT No. 95-885 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Aug. 1, considered and passed Senate. Oct. 6, 11, 15, H.R.
12161 considered and passed House; passage vacated, and
S. 2788, amended, passed in lieu.
PUBLIC LAW 95-564, 92 STAT. 2391, INTERNATIONAL MARITIME SATELLITE
TELECOMMUNICATIONS ACT.
and governmental oversight
and regulation of international maritime satellite
telecommunications
services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Communications
Satellite Act of 1962 is amended by adding at the end thereof the
following new title: // 47 USC 701. //
" TITLE V--INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS
" Sec. 501. This title // 47 USC 751 // may be cited as the '
International Maritime Satellite Telecommunications Act'.
" Sec. 502. // 47 USC 751. // (a) The Congress hereby declares that
it is the policy of the United States to provide for the participation
of the United States in the International Maritime Satellite
Organization (hereinafter in this title referred to as ' INMARSAT') in
order to develop and operate a global maritime satellite
telecommunications system. Such system shall have facilities and
services which will serve maritime commercial and safety needs of the
United States and foreign countries.
"(b) It is the purpose of this title to provide that the
participation of the United States in INMARSAT shall be through the
Communications Satellite Corporation, which constitutes a private entity
operating for profit, and which is not an agency or establishment of the
Federal Government.
" Sec. 503. // 47 USC 752. // (a)(1) The Communications Satellite
Corporation is hereby designated as the sole operating entity of the
United States for participation in INMARSAT, for the purpose of
providing international maritime satellite telecommunications services.
"(2) The corporation also shall have authority to participate in any
other maritime satellite telecommunications system on an interim basis
to serve the maritime commercial and safety needs of the United States
through an interim operating arrangement in accordance with subsection
(b).
"(3) The corporation may participate in and is hereby authorized to
sign the operating agreement or other pertinent instruments of INMARSAT
as the sole designated operating entity of the United States.
"(b)(1) The corporation may participate in any maritime satellite
telecommunications system under subsection (a)(2) only if--,
"(A) the corporation signs the operating agreement of INMARSAT
before beginning such participation;
"(B) such participation is in the nature of an interim
operating arrangement remaining in effect only until INMARSAT
begins its operations; and
"(C)(i) in the case of participation which may be undertaken
only pursuant to a treaty or executive agreement, such treaty or
executive agreement is in effect; or
"(ii) in any case in which participation does not require any
treaty or executive agreement, the President does not disapprove
such participation during the period of 60 calendar days after the
corporation notifies the President of such proposed participation.
"(2) If the corporation participates in an interim operating
arrangement
with a maritime satellite telecommunications system under this
subsection, the provisions of this title relating to participation of
the corporation in INMARSAT also shall apply to such interim
participation.
"(3) Any disapproval by the President under paragraph (1)(C)(ii)
shall be published in the Federal Register as soon as practicable after
the date of such disapproval.
"(c) The corporation--,
"(1) may own and operate satellite earth terminal stations in
the United States;
"(2) shall interconnect such stations, and the maritime
satellite telecommunications provided by such stations, with the
facilities and services of United States domestic common carriers
and international common carriers, other than any common carrier
or other entity in which the corporation has any ownership
interest, as authorized by the Commission;
"(3) shall interconnect such stations and the maritime
satellite telecommunications provided by such stations, with the
facilities and services of private communications systems, unless
the Commission finds that such interconnection will not serve the
public interest; and
"(4) may establish, own, and operate the United States share of
the jointly owned international space segment and associated
ancillary facilities.
"(d) The corporation shall be responsible for fulfilling any
financial obligation placed upon the corporation as a signatory to the
operating agreement or other pertinent instruments, and any other
financial obligation which may be placed upon the corporation as the
result of a convention or other instrument establishing INMARSAT. The
corporation shall be the sole United States representative in the
managing body of INMARSAT.
"(e)(1) Any person, including the Federal Government or any agency
thereof, may be authorized, in accordance with paragraph (2) or
paragraph (3), to be the sole owner or operator, or both, of any
satellite earth terminal station if such station is used for the
exclusive purposes of training personnel in the use of equipment
associated with the operation and maintenance of such station, or in
carrying out experimentation relating to maritime satellite
telecommunications services.
"(2) If the person referred to in paragraph (1) is the Federal
Government or any agency thereof, such satellite earth terminal station
shall have been authorized to operate by the executive department
charged with such responsibility.
"(3) In any other case, such satellite earth terminal station shall
have been authorized by the Commission.
"(f) The Commission may authorize ownership of satellite earth
terminal stations by persons other than the corporation at any time the
Commission determines that such additional ownership wll enhance the
provision of maritime satellite services in the public interest.
"(g) The Commission shall determine the operational arrangements
under which the corporation shall interconnect its satellite earth
terminal station facilities and services with United States domestic
common carrier, system, or other entity in which the corporation has any
ownership interest, and private communications systems when authorized
pursuant to subsection (c)(3) for the purpose of extending maritime
satellite telecommunications services within the United States and in
other areas. The initial determination of operational arrangements
shall be made by the Commission no later than 6 months after the
effective date of this title, and the Commission shall there-upon
transmit to the Congress a report ralating to such determination.
"(h) Notwithstanding any provision of State law, the articles of
incorporation of the corporation shall provide for the continued ability
of the board of directors of the corporation to transact business under
such circumstances of national emergency as the President or his
delegate may determine would not permit a prompt meeting of the number
of directors otherwise required to transact business.
" Sec. 504. // 47 USC 753. // (a) The Secretary of Commerce shall--,
"(1) coordinate the activities of Federal agencies with
responsibilities in the field of telecommunications (other than
the Commission), so as to ensure that there is full and effective
compliance with the provisions of this title;
"(2) take all necessary steps to ensure the availability and
appropriate utilization of the maritime satellite
telecommunications services provided by INMARSAT for general
governmental purposes, except in any case in which a separate
telecommunications system is required to meet unique governmental
needs or is otherwise required in the national interest;
"(3) exercise his authority in a manner which seeks to obtain
coordinated and efficient use of the electromagnetic spectrum and
orbital space, and to ensure the technical compatibility of the
space segment with existing communications facilities in the
United States and in foreign countries; and
"(4) take all necessary steps to determine the interests and
needs of the ultimate users of the maritime satellite
telecommunications system and to communicate the view of the
Federal Government on utilization and user needs to INMARSAT.
"(b) The President shall exercise such supervision over, and issue
such instructions to, the corporation in connection with its
relationships and activities with foreign governments, international
entities, and INMARSAT as may be necessary to ensure that such
relationships and activities are consistent with the national interest
and foreign policy of the United States.
"(c) The Commission shall--,
"(1) institute such proceedings as may be necessary to carry
out the provisions of section 503 of this title;
"(2) make recommendations to the President for the purpose of
assisting him in his issuance of instructions to the corporation;
"(3) grant such authorizations as may be necessary under title
II and title III of the Communications Act of 1934
// 47 USC 201, 301 // to enable the corporation--,
"(A) to provide to the public, in accordance with section 503
(c)(2) of this title, space segment channels of communication
obtained from INMARSAT; and
"(B) to construct and operate such satellite earth terminal
stations in the United States as may be necessary to provide
sufficient access to the space segment;
"(4) grant such other authorizations as may be necessary under
title II and title III of the Communications Act of 1934 to carry
out to the provisions of this title;
"(5) establish procedures to provide for the continuing review
of the telecommunications activities of the corporation as the
United States signatory to the operating agreement or other
pertinent instruments; and
"(6) prescribe such rules as may be necessary to carry out the
provisions of this title.
"(d) The Commission is authorized to issue instructions to the
corporation with respect to regulatory matters within the jurisdiction
of the Commission. In the event an instruction of the Commission
conflicts with an instruction of the President pursuant to subsection
(b), the instructions issued by the President shall prevail.
COMMUNICATIONS SATELLITE
CORPORATION
" Sec. 505. // 47 USC 754. // (a) The Commission shall conduct a
study of the corporate structure and operating activities of the
corporation, with a view toward determining whether any changes are
required to ensure that the corporation is able to effectively fulfill
its obligations and carry out its functions under this Act and the
Communications Act of 1934. // 47 USC 609. //
"(b) The Commission shall transmit a report to the Congress not later
than 18 months after the effective date of this title relating to the
study of the corporation conducted under subsection (a). Such report
shall contain a detailed statement of the findings and conclusions of
such study, any action taken by the Commission related to such findings
and conclusions, and any recommendations of the Commission for such
legislative or other action as the Commission considers necessary or
appropriate.
" Sec. 506. // 47 USC 755. // (a) The Commission shall conduct a
study of public maritime coast station services, with particular
emphasis on high seas services, with a view toward determining whether
the rules and regulations of the Commission and the assignment of
licenses and radio frequencies in effect on the effective date of this
title should be subject to any alteration in order to establish a
systematic approach for the provision of modern and effective maritime
telecommunications systems.
"(b) The Commission shall transmit a report to the Congress not
later than 12 months after the effective date of this title relating to
the study of public maritime coast station services conducted under
subsection (a). Such report shall contain a detaled statement of the
findings and conclusions of such study, any action taken by the
Commission related to such findings and conclusions, and any
recommendations of the Commission for such legislative or othr action as
the Commission considers necessary or appropriate.
" Sec. 507. // 47 USC 756. // (a) The President, in conjunction with
Government agencies which will or may be affected by the development of
a Government-wide radio navigation plan, shall conduct a study of all
Government radio navigation systems to determine the most effective
manner of reducing the proliferation and overlap of such systems. The
objective of such study shall be the development of such a plan.
"(b) The President shall transmit a report to the Congress no later
than 12 months after the effective date of this title relating to the
study conducted under subsection (a) of this section. Such report shall
contain a detailed statement of the findings and conclusions of such
study, any action taken by the President related to such findings and
conclusions, and any recommendations of the President for such
legislation or other action as the President consders necessary or
appropriate for implementation of a Government-wide radio navigation
plan.
" Sec. 508. // 47 USC 757. // For purporses of this title--,
"(1) the term 'person' includes an individual, partnership,
association, joint stock company, trust, or corporation;
"(2) the term 'satellite earth terminal station' means a
complex of communications equipment located on land, operationally
interconnected with one or more terrestrial communications
systems, and capable of transmitting telecommunications to, or
receiving telecommunications from, the space segment;
"(3) the term 'spacesegment' means any satellite (or capacity
on a satellite) maintained under the authority of INMARSAT, for
the purpose of providing international maritime telecommunications
services, and the tracking telemetry, command, control,
monitoring, and related facilities and equipment required to
support the operation of such satellite; and
"(4) the term ' State' means the several States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.".
Approved November 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1134, Pt. I (Comm. on Interstate and Foreign
Commerce)
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 15, considered and passed House.
Aug. 7, considered and passed Senate, amended
Oct. 12, House concurred in Senate amendment with an amendment.
Oct. 13, House vacated proceedings of Oct. 12; receded, and
concurred in Senate amendment with an amendment.
Oct.13, Senate concurre in House amendment.
PUBLIC LAW 95-563, 92 STAT. 2383, CONTRACT DISPUTES ACT OF 1978.
relating to Government
contracts awarded by executive agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 41 USC
601 // may be cited as the " Contract Disputes Act of 1978".
Sec. 2. As used in this Act--, // 41 USC 601. //
(1) the term "agency head" means the head and any assistant
head of an executive agency, and may "upon the designation by" the
head of an executive agency include the chief official of any
principal division of the agency;
(2) the term "executive agency" means an executive department
as defined in section 101 of title 5, United States Code, an
independent establishment as defined by section 104 of title 5,
United States Code (except that it shall not include the General
Accounting Office): a military department as defined by section
102 of title 5, United States Code, and a wholly owned Government
corporation as defined by section 846 of title 31, United States
Code, the United States Postal Service, and the Postal Rate
Commission;
(3) The term "contracting officer" means any person who, by
appointment in accordance with applicable regulations, has the
authority to enter into and administer contracts and make
determinations and findings with respect thereto. The term also
includes the authorized representative of the contracting officer,
acting within the limits of his authority;
(4) the term "contractor" means a party to a Government
contract other than the Government;
(5) The term " Administrator" means the Administrator for
Federal Procurement Policy appointed pursuant to the Office of
Federal Procurement Policy Act;
(6) The term "agency board" means an agency board of contract
appeals established under section 8 of this Act; and
(7) The term "misrepresentation of fact" means a false
statement of substantive fact, or any conduct which leads to a
belief of a substantive fact material to proper understanding of
the matter in hand, made with intent to deceive or mislead.
Sec. 3. (a) Unless otherwise specifically provided herein, this Act
// 41 USC 602. // applies to any express or implied contract (including
those of the nonappropriated fund activities described in sections 1346
and 1491 of title 28, United States Code) entered into by an executive
agency for--,
(1) the procurement of property, other than real property in
being;
(2) the procurement of services;
(3) the procurement of construction, alteration, repair or
maintenance of real property; or,
(4) the disposal of personal property.
(b) With respect to contracts of the Tennessee Valley
Authority, the provisions of this Act shall apply only to those
contracs which contain a disputes clause requiring that a contract
dispute be resolved through an agency administrative process.
Notwithstanding any other provision of this Act, contracts of the
Tennessee Valley Authority for the sale of fertilizer or electric
power or related to the conduct or operation of the electric power
system shall be excluded from the Act.
(c) This Act does not apply to a contract with a foreign
government, or agency thereof, or international organization, or
subsidiary body thereof, if the head of the agency determines that
the application of the Act to the contract would not be in the
public interest.
Sec. 4. Appeals under paragraph (g) of section 8 and suits under
section 10, // 41 USC 603. // arising out of maritime contracts, shall
be governed by the Act of March 9, 1920, as amended (41 Stat. 525, as
amended; 46 U.S.C. 741 - 752) or the Act of March 3, 1925, as amended
(43 Stat. 1112, as amended; 46 U.S.C. 781 - 790) as applicable, to the
extent that those Acts are not inconsistent with this Act.
Sec. 5. // 41 USC 604. // If a contractor is unable to support any
part of his claim and it is determined that such inability is
attributable to misrepresentation of fact or fraud on the part of the
contractor, he shall be liable to the Government for an amount equal to
such unsupported part of the claim in addition to all costs to the
Government attributable to the cost of reviewing said part of his claim.
Liability under this subsection shall be determined within six years of
the commission of such misrepresentation of fact or fraud.
Sec. 6. // 41 USC 605. // (a) All claims by a contractor against the
government relating to a contract shall be in writing and shall be
submitted to the contracting officer for a decision. All claims by the
government against a contractor relating to a contract shall be the
subject of a decision by the contracting officer. The contracting
officer shall issue his decisions in writing, and shall mail or
otherwwise furnish a copy of the decision to the contractor. The
decision shall state the reasons for the decision reached, and shall
inform the contractor of his rights as provided in this Act. Specific
findings of fact are not required, but, if made, shall not be binding in
any subsequent proceeding. The authority of this subsection shall not
extend to a claim or dispute for penalties or forfeitures prescribed by
statute or regulation which another Federal agency is specifically
authorized to administer, settle, or determine. This section shall not
authorize any agency head to settle, compromise, pay, or otherwise
adjust any claim involving fraud.
(b) The contracting officer's decision on the claim shall be final
and conclusive and not subject to review by any forum, tribunal, or
Government agency, unless an appeal or suit is timely commenced as
authorized by this Act. Nothing in this Act shall prohibit executive
agencies from including a clause in government contracts requiring that
pending final decision of an appeal, action, or final settlement, a
contractor shall proceed diligently with performance of the contract in
accordance with the contracting officer's decision.
(c) (1) A contracting officer shall issue a decision on any submitted
claim of $50,000 or less within sixty days from his receipt of a written
request from the contractor that a decision be rendered within that
period. For claims of more than $50,000, the contractor shall certify
that the claim is made in good faith, that the supporting data are
accurate and complete to the best of his knowledge and belief, and that
the amount requested accurately reflects the contract adjustment for
which the contractor believes the government is liable.
(2) A contracting officer shall, within sixty days of receipt of a
submitted certified claim over $50,000--,
(A) issue a decision; or
(B) notify the contractor of the time within which a decision
will be issued.
(3) The decision of a contracting officer on submitted claims shall
be issued within a reasonable time, in accordance with regulations
promulgated by the agency, taking into account such factors as the size
and complexity of the claim and the adequacy of the information in
support of the claim provided by the contractor.
(4) A contractor may request the agency board of contract appeals to
direct a contracting officer to issue a decision in a specified period
of time, as determined by the board, in the event of undue delay on the
part of the contracting officer.
(5) Any failure by the contracting officer to issue a decision on a
contract claim within the period required will be deemed to be a
decision by the contracting officer denying the claim and will authorize
the commencement of the appeal or suit on the claim as otherwise
provided in this Act. However, in the event an appeal or suit is so
commenced in the absence of a prior decision by the contracting officer,
the tribunal concerned may, at its option, stay the proceedings to
obtain a decision on the claim by the contracting officer.
APPEALS
Sec. 7. // 41 USC 606. // Within ninety days from the date of
receipt of a contracting officer's decision under section 6, the
contractor may appeal such decision to an agency board of contract
appeals, as provided in section 8.
Sec. 8 // 41 USC 607. // (a) (1) Except as provided in paragraph (2)
an agency board of contract appeals may be established within an
executive agency when the agency head, after consultation with the
Administrator, determines from a workload study that the volume of
contract claims justifies the establishment of a full-time agency board
of at least three members who shall have no other inconsistent duties.
Workload studies will be updated at least once every three years and
submitted to the Administrator.
(2) The Board of Directors of the Tennessee Valley Authority may
establish a board of contract appeals for the Authority of an
indeterminate number of members.
(b) (1) Except as provided in paragraph (2), the members of agency
boards shall be selected and appointed to serve in the same manner as
hearing examiners appointed pursuant to section 3105 of title 5 of the
United States Code, with an additional requirement that such members
shall have had not fewer than five years' experience in public contract
law. Full-time members of agency boards serving as such on the
effective date of this Act shall be considered qualified. The chairman
and vice chairman of each board shall be designated by the agency head
from members so appointed. The chairman of each agency board shall
receive compensation at a rate equal to that paid a GS - 18 under the
General Schedule contained in section 5332. United States Code // 5 USC
5332. // the vice chairman shall receive compensation at a rate equal
to that paid a GS - 17 under such General Schedule, and all other
members shall receive compensation at a rate equal to that paid a GS -
16 under such General Schedule. Such positions shall be in addition to
the number of positions which may be placed in GS - 16, GS - 17, and GS
- 18 of such General Schedule under existing law.
(2) The Board of Directors of the Tennessee Valley Authority shall
establish criteria for the appointment of members to its agency board of
contract appeals established in subsection (a)(2), and shall designate a
chairman of such board. The chairman of such board shall receive
compensation at a rate equal to the daily rate paid a GS - 18 under the
General Schedule contained in section 5332, United States Code for each
day he is engaged in the actual performance of his duties as a member of
such board. All other members of such board shall receive compensation
at a rate equal to the daily rate paid a GS - 16 under such General
Schedule for each day they are engaged in the actual performance of
their duties as members of such board.
(c) If the volume of contract claims is not sufficient to justify an
agency board under subsection (a) or if he otherwise considers it
appropriate, any agency head shall arrange for appeals from decisions by
contracting officers of his agency to be decided by a board of contract
appeals of another executive agency. In the event an agency head is
unable to make such an arrangement with another agency, he shall submit
the case to the Administrator for placement with an agency board. The
provisions of this subsection shall not apply to the Tennessee Valley
Authority.
(d) Each agency board shall have jurisdiction to decide any appeal
from a decision of a contracting officer (1) relative to a contract made
by its agency, and (2) relative to a contract made by any other agency
when such agency or the Administrator has designated the agency board to
decide the appeal. In exercising this jurisdiction, the agency board is
authorized to grant any relief that would be available to a litigant
asserting a contract claim in the Court of Claims.
(e) An agency board shall provide to the fullest extent practicable,
informal, expeditious, and inexpensive resolution of disputes, and shall
issue a decision in writing or take other appropriate action on each
appeal submitted, and shall mail or otherwise furnish a copy of the
decision to the contractor and the contracting officer.
(f) The rules of each agency board shall include a procedure for the
accelerated disposition of any appeal from a decision of a contracting
officer where the amount in dispute is $50,000 or less. The accelerated
procedure shall be applicable at the sole election of only the
contractor. Appeals under the accelerated procedure shall be resolved,
whenever possible, within one hundred and eighty days from the date the
contractor elects to utilize such procedure.
(g)(1) The decision of an agency board of contract appeals shall be
final, except that--,
(A) a contractor may appeal such a decision to the Court of
Claims within one hundred twenty days after the date of receipt of
a copy of such decision, or
(B) the agency head, if he determines that an appeal should be
taken, and with the prior approval of the Attorney General,
transmits the decision of the board of contract appeals to the
United States Court of Claims for judicial review, under section
2510 of title 28, United States Code, as amended herein, within
one hundred and twenty days from the date of the agency's receipt
of a copy of the board's decision.
(2) Notwithstanding the provisions of paragrah (1), the decision of
the board of contract appeals of the Tennessee Valley Authority shall be
final, except that--,
(A) a contractor may appeal such a decision to a United States
district court pursuant to the provisions of section 1337 of title
28, United States Code within one hundred twenty days after the
date of receipt of a copy of such decision, or
(B) The Tennessee Valley Authority may appeal the decision to a
United States district court pursuant to the provisions of section
1337 of title 28, United States Code, within one hundred twenty
days after the date of the decision in any case.
(h) Pursuant to the authority conferred under the Office of Federal
Procurement Policy Act, // 41 USC 401 // the Administrator is authorized
and directed, as may be necessary or desirable to carry out the
provisions of this Act, to issue guidelines with respect to criteria for
the establishment, functions, and procedures of the agency boards
(except for a board established by the Tennessee Valley Authority).
(i) Within one hundred and twenty days from the date of enactment of
this Act, all agency boards, except that of the Tennessee Valley
Authority, of three or more full time members shall develop workload
studies for approval by the agency head as specified in section 8(a)
(1).
Sec. 9. // 41 USC 608 // (a) The rules of each agency board shall
include a procedure for the expedited disposition of any appeal from a
decision of a contracting officer where the amount in dispute is $10,000
or less. The small claims procedure shall be applicable at the sole
election of the contractor.
(b) The small claims procedure shall provide for simplified rules of
procedure to facilitate the decision of any appeal thereunder. Such
appeals may be decided by a single member of the agency board with such
concurrences as may be provided by rule or regulation.
(c) Appeals under the small claims procedure shall be resolved,
whenever possible, within one hundred twenty days from the date on which
the contractor elects to utilize such procedure.
(d) A decision against the Government or the contractor reached under
the small claims procedure shall be final and conclusive and shall not
be set aside except in cases of fraud.
(e) Administrative determinations and final decisions under this
section shall have no value as precedent for future cases under this
Act.
(f) The Administrator is authorized to review at least every three
years, beginning with the third year after the enactment of the Act, the
dollar amount defined in section 9(a) as a small claim, and based upon
economic indexes selected by the Administrator adjust that level
accordingly.
DECISIONS
Sec. 10. // 41 USC 609. // (a)(1) Except as provided in paragraph
(2), and in lieu of appealing the decision of the contracting officer
under section 6 to an agency board, a contractor may bring an action
directly on the claim in the United States Court of Claims,
notwithstanding any contract provision, regulation, or rule of law to
the contrary.
(2) In the case of an action against the Tennessee Valley Authority,
the contractor may only bring an action directly on the claim in a
United States district court pursuant to section 1337 of title 28,
United States Code, notwithstanding any contract provision, regulation,
or rule of law to the contrary.
(3) Any action under paragraph (1) (2) shall be filed within twelve
months from the date of the receipt by the contractor of the decision of
the contracting officer concerning the claim, and shall proceed de novo
in accordance with the rules of the appropriate court.
(b) In the event of an appeal by a contractor or the Government from
a decision of any agency board pursuant to section 8, notwithstanding
any contract provision, regulation, or rules of law to the contrary, the
decision of the agency board on any question of law shall not be final
or conclusive, but the decision on any question of fact shall be final
and conclusive and shall not be set aside unless the decision is
fraudulent, or arbitrary, or capricious, or so grossly erroneous as to
necessarily imply bad faith, or if such decision is not supported by
substantial evidence.
(c) In any appeal by a contractor or the Government from a decision
of an agency board pursuant to section 8, the court may render an
opinion and judgment and remand the case for further action by the
agency board or by the executive agency as appropriate, with such
direction as the court considers just and proper, or, in its discretion
and in lieu of remand it may retain the case and take such additional
evidence or action as may be necessary for final disposition of the
case.
(d) If two or more suits arising from one contract are filed in the
Court of Claims and one or more agency boards, for the convenience of
parties or witnesses or in the interest of justice, the Court of Claims
may order the consolidation of such suits in that court or transfer any
suits to or among the agency boards involved.
(e) In any suit filed pursuant to this Act involving two or more
claims, counterclaims, cross-claims, or third-party claims, and where a
portion of one such claim can be divided for purposes of decision or
judgment, and in any such suit where multiple parties are involved, the
court, whenever such action is appropriate, may enter a judgment as to
one or more but fewer than all of the claims, portions thereof, or
parties.
Sec. 11. // 41 USC 610. // A member of an agency board of contract
appeals may administer oaths to witnesses, authorize depositions and
discovery proceedings, and require by subpena the attendance of
witnesses, and production of books and papers, for the taking of
testimony or evidence by deposition or in the hearing of an appeal by
the agency board. In case of contumacy or refusal to obey a subpena by a
person who resides, is found, or transacts business within the
jurisdiction of a United States district court, the court, upon
application of the agency board through the Attorney General; or upon
application by the board of contract appeals of the Tennessee Valley
Authority, shall have jurisdiction to issue the person an order
requiring him to appear before the agency board or a member thereof, to
produce evidence or to give testimony, or both. Any failure of any such
person to obey the order of the court may be punished by the court as a
contempt thereof.
Sec. 12. // 41 USC 611. // Interest on amounts found due contractors
on claims shall be paid to the contractor from the date the contracting
officer receives the claim pursuant to section 6(a) from the contractor
until payment thereof. The interest provided for in this section shall
be paid at the rate established by the Secretary of the Treasury
pursuant to Public Law 92 - 41 (85 Stat. 97) for the Renegotiation
Board.
Sec. 13. // 41 USC 612. // (a) Any judgment against the United
States on a claim under this Act shall be paid promptly in accordance
with the procedures provided by section 1302 of the Act of July 27,
1956, (70 Stat. 694, as amended; 31 U.S.C. 724a).
(b) Any monetary award to a contractor by an agency board of contract
appeals shall be paid promptly in accordance with the procedures
contained in subsection (a) above.
(c) Payments made pursuant to subsections (a) and (b) shall be
reimbursed to the fund provided by section 1302 of the Act of July 27,
1956, (70 Stat. 694, as amended; 31 U.S.C. 724a) by the agency whose
appropriations were used for the contract out of available funds or by
obtaining additional appropriations for such purposes.
(d)(1) Notwithstanding the provisions of subsection (a) through (c),
any judgment against the Tennessee Valley Authority on a claim under
this Act shall be paid promptly in accordance with the provisions of
section 9(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831(h)). // 16 USC 831h. //
(2) Notwithstanding the provisions of subsection (a) through (c), any
monetary award to a contractor by the board of contract appeals for the
Tennessee Valley Authority shall be paid in accordance with the
provisions of section 9(b) of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831(h)).
Sec. 14. (a) The first sentence of section 1346(a) (2) of title 28,
United States Code, is amended by inserting before the period a comma
and the following: "except that the district courts shall not have
jurisdiction of any civil action or claim against the United States
founded upon any express or implied contract with the United States or
for liquidated or unliquidated damages in cases not sounding in tort
which are subject to sections 8(g) (1) and 10(a) (1) of the Contract
Disputes Act of 1978".
(b) Section 2401 (a) of title 28, United States Code, is amended by
striking out " Every" at the beginning and inserting in lieu thereof "
Except as provided by the Contract Disputes Act of 1978, every".
(c) Section 1302 of the Act of July 27, 1956, as amended (70 Stat.
694, as amended; 31 U.S.C. 724a), is amended by adding after "2677 of
title 28" the words "and decisions of boards of contract appeals".
(d) Section 2414 of title 28, United States Code, is amended by
striking out " Payment" at the beginning and inserting in lieu thereof "
Except as privided by the Contract Disputes Act of 1978, payment".
(e) Section 2517(a) of title 28, United Stated Code, is amended by
striking out " Every" at the beginning and inserting in lieu thereof "
Exceptas provided by the Contract Disputes of 1978, every".
(f) Section 2517(b) of title 28, United States Code, is amended by
inserting after "case or controversy" the following:", unless the
judgment is designated a partial judgment, in which event only the
matters described therein shall be discharged,".
(g) There shall be added to subsection (c) of section 5108 of title
5, United States Code, a paragraph (17) reading as follows:
"(17) the heads of executive departments or agencies in which
boards of contract appeals are established pursuant to the
Contract Disputes Act of 1978, and subject to the standards and
procedures prescribed by this chapter, but without regard to
subsection (d) of this section, may place additional positions,
not to exceed seventy in number, in GS - 16, GS - 17, and GS - 18
for the independent quasi-judicial determination of contract
disputes, with the allocation of such positions among such
executive deaprtments and agencies determined by the Administrator
for Federal Procurement Policy on the basis of relative case
load." (h)(1) Section 2510 of title 28, United States Code, is
amended by--,
(A) inserting "(a)" immediately before such section; and
(B) adding the following new subsection at the end thereof:
"(b)(1) The head of any executive department or agency may, with the
prior approval of the Attorney General, refer to the Court of Claims for
judicial review any final decision rendered by a board of contract
appeals pursuant to the terms of any contract with the United States
awardedby that department or agency which such head of such department
or agency has concluded is not entitled to finality pursuant to the
review standards specified in section 10(b) of the Contracts Disputes
Act of 1978. The head of each executive department or agency shall make
any referral under this section within one hundred and twenty days of
the receipt of a copy of the final appeal decision.
"(2) The Court of Claims shall review the matter referred in
accordance with the standards specified in section 10(b) of the
Contracts Disputes Act of 1978. The Court shall proceed with judicial
review on the administrative record made before the board of contract
appeals on matters so referred as in other cases pending in such court,
shall determine the issue of finality of the appeal decision, and shall,
as appropriate, render judgment thereon, take additional evidence, or
remand the matter pursuant to the authority specified in section 1491 of
this title.". // 28 USC 1491. //
(2)(A) The section heading of such section is amended to read as
follows:
Sec. 2510. Referral of cases by the Comptroller General or the head
of an executive department or agency.".
(B) The item relating to section 2510 in the table of sections for
chapter 165 of title 28, United States Code, is amended to read as
follows:
"2510. Referral of cases by the Omptroller General or the head of an
executive department or agency.".
(i) Section 1491 of title 28, United States Code, is amended by
adding the following sentence at the end of the first paragraph thereof:
" The Court of Claims shall have jurisdiction to render judgment upon
any claim by or against, or dispute with, a contractor arising under the
Contract Disputes Act of 1978.".
Sec. 15. If any provision of this Act, // 41 USC 613. // or the
application of such provision to any persons or circumstances, is held
invalid, the remainder of this Act, or the application of such provision
to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby.
Sec. 16. This Act // 41 USC 601. // shall apply to contracts
entered into one hundred twenty days after the date of enactment.
Notwithstanding any provision in a contract made before the effective
date of this Act, the contractor may elect to proceed under this Act
with respect to any claim pending then before the contracting officer or
initiated thereafter.
Approved November 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1556 (Comm. on the Judiciary).
SENATE REPORT No. 95 - 1118, accompanying S. 3178 (Comm. on
Governmental Affairs and Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Sept. 26, considered and passed House.
Oct. 12, considered and passed Senate, amended.
Oct. 13, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Nov.
1, Presidential Statement.
PUBLIC LAW 95-562, 92 STAT. 2381,
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. (a) Effective January 1, 1979, section 1 of the Perishable
Agricultural Commodities Act, 1930 (7 U.S.C. 499a), is amended by--,
(1) in subsection (6), striking out "$100,000" and inserting in
lieu thereof "$200,000"; and
(2) in subsection (7), striking out "$100,000" and inserting in
lieu thereof "$200,000".
(b) Section 1 of the Perishable Agricultural Commodities Act, 1930,
is further amended by inserting in subsection (6) immediately after
"(C) no person buying any commodity" the following: "other than
potatoes", except that no person buying potatoes for processing solely
within the State where grown shall be deemed or considered to be a
dealer under subsection (6) of section 1, // 7 USC 499a note. // as
amended by this subsection, until January 1, 1982.
Sec. 2. Section 3(b) of the Perishable Agricultural Commodities Act,
1930 (7 U.S.C. 499c(b)), is amended by--,
(1) inserting immediately before the period at the end of the
second sentence the following: "and to be furnished thereafter";
(2) striking out "$100" in the third sentence and inserting in
lieu thereof the following: "$150, plus $50 for each branch or
additional business facility operated by the applicant in excess
of nine such facilities, as determined by the Secretary. Total
annual fees for any applicant shall not exceed $1,000 in the
aggregate";
(3) inserting immediately after "referred to above:" in the
fourth sentence the following: " Provided, That the amount of
money accumulated and on hand in the special fund at the end of
any fiscal year shall not exceed 25 percent of the projected
budget for the next following fiscal year:"; and
(4) inserting "further" immediately after " Provided" in the
fourth sentence.
Sec. 3. Section 13 of the Perishable Agricultural Commodities Act,
1930 (7 U.S.C. 499m), is amended by renumbering subsections (b) through
(e) as subsections (c) through (f) and adding a new subsection (b) as
follows:
"(b) The Secretary or the Secretary's duly authorized agents, in
order to isure that the prompt payment provision of section 2(4) of this
Act // 7 USC 499b. // is being complied with, shall from time to time
inspect the accounts, records, and memoranda of any commission merchant,
dealer, or broker determined in a formal disciplinary proceeding under
section 6(b) of this Act // 7 USC 499f. // to have violated such
provision. The Secretary may also require that any such commission
merchant, dealer, or broker furnish, maintain, and from time to time
adjust a surety bond in form and amount satisfactory to the Secretary as
assurance that such commission merchant's, dealer's, or broker's
business will be conducted in accordance with this Act and that such
commission merchant, dealer, or broker will pay all reparation awards,
subject to its right of appeal under section 7(c) of this Act:
Provided, That if such surety bond is furnished, maintained, and
adjusted as required by the Secretary, the Secretary shall not
thereafter inspect the accounts, records, and memoranda of such
commission merchant, dealer, or broker under this subsection more than
once a year. If any such commission merchant, dealer, or broker refuses
to permit such inspection or fails or refuses to furnish, maintain, or
adjust such surety bond, the Secretary may publish the facts and
circumstances and, by order, suspend the license of the offender until
permission to make such inspection is given or such surety bond is
furnished, maintained, or adjusted.".
Sec. 4. Section 3(b) of the Farm Labor Contractor Registration Act
of 1963 (7 U.S.C. 2042(b)) is amended by--,
(1) striking out "or" at the end of paragraph (8), striking out
the period at the end of paragraph (9) and inserting in lieu
thereof a semicolon and "or"; and
(2) adding at the end thereof a new paragraph (10) as follows:
(10) any person who would be required to register solely
because the person is engaged in any such activity solely for the
purpose of supplying full-time students or other persons whose
principal occupation is not farmwork to detassel and rogue hybrid
seed corn or sorghum for seed and to engage in other incidental
farmwork for a period not to exceed four weeks in any calendar
year: Provided, That such students or other persons are not
required by the circumstances of such activity to be away from
their permanent place of residence overnight: Provided further,
That such students or other persons, if under 18 years of age, are
not engaged in providing transportation in vehicles caused to be
operated by the contractor.".
Approved November 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1620, accompanying H.R. 13845 (Comm. on
Agriculture).
SENATE REPORT No. 95 - 1156 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Sept. 8, considered and passed Senate.
Oct. 3, 4, H.R. 13854 considered and passed House; passage
vacated and S. 976,
amended, passed in lieu.
Oct. 13, Senate concurred in House amendments with an
amendment.
Oct. 13, House concurred in Senate amendment.
PUBLIC LAW 95-561, 92 STAT. 2143, EDUCATION AMENDMENTS OF 1978
education programs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 20 USC
2701 // may be cited as the " Education Amendments of 1978".
AND
SECONDARY EDUCATION ACT OF 1965
Sec. 101. Special educational programs and projects for
educationally deprived children.
" Sec. 101. Declaration of policy.
" Sec. 102. Duration of assistance.
Agencies
" Sec. 111. Grants--Amount and eligibility.
" Sec. 112. Treatment of earnings for purposes of aid to families
with dependent children.
" Sec. 116. Special incentive grants.
" Sec. 117. Grants for local educational agencies in counties with
especially high concentrations of children from low-income families.
" Sec. 121. Local program application. " Sec. 122. Designating
school attendance areas.
" Sec. 123. Children to be served.
" Sec. 124. Requirements for design and implementation of programs.
" Sec. 125. Parental involvement. " Sec. 126. Funds allocation.
" Sec. 127. Accountability.
" Sec. 128. Complaint resolution.
" Sec. 129. Individualized plans.
" Sec. 130. Participation of children enrolled in private schools.
Requirements
" Sec. 131. Exclusions from excess costs and comparability
provisions for certain special State and local programs.
" Sec. 132. Limited exemption to supplement, not supplant,
requirement where certain special programs for educationally deprived
children are fully funded.
" Sec. 133. Schoolwide projects.
" Sec. 134. Noninstructional duties.
" Sec. 141. Grants--Entitlement and amount.
" Sec. 142. Program requirements.
" Sec. 143. Coordination of migrant education activities.
" Sec. 146. Amount and eligibility.
" Sec. 147. Program requirements.
Children
" Sec. 151. Amount and entitlement.
" Sec. 152. Program requirement.
" Sec. 153. Transition services.
Programs
" Sec. 156. Reservation of funds for territories.
" Sec. 157. Minimum payments for State operated programs.
Projects
" Sec. 161. Applicability.
" Sec. 162. State applications.
Agencies
" Sec. 164. Application approval.
" Sec. 165. State rulemaking.
" Sec. 166. Technical assistance and dissemination of information.
" Sec. 167. Monitoring.
" Sec. 168. Complaint resolution.
" Sec. 169. Withholding of payments.
" Sec. 170. Audits and audit resolution.
Agencies to Commissioner
" Sec. 171. State monitoring and enforcement plans.
" Sec. 172. Reporting.
" Sec. 173. Recordkeeping, fiscal control, and fund accounting.
" Sec. 174. Prohibition of consideration of Federal aid in
determining State aid.
Projects
" Sec. 181. Applicability.
" Sec. 182. Approval of applications.
" Sec. 183. Program evaluation.
" Sec. 184. Complaint resolution.
" Sec. 185. Audits and audit resolution.
" Sec. 186. Withholding of payments.
" Sec. 187. Policy manual.
" Sec. 188. Enforcement report.
" Sec. 191. Payment methods.
" Sec. 192. Amount of payments to local educational agencies.
" Sec. 193. Adjustments where necessitated by appropriations.
" Sec. 194. Payments for State administration.
" Sec. 195. Judicial review.
" Sec. 196. National Advisory Council.
" Sec. 197. Limitation on grant to Puerto Rico.
" Sec. 198. Definitions.". Sec. 102. Study of alternatives for
demonstrating comparability.
ELEMENTARY
AND SECONDARY EDUCATION ACT OF 1965
Sec. 201. Basic skills.
" Sec. 201. Purpose.
" Sec. 202. Applications.
" Sec. 203. Acceptance of gifts.
" Sec. 204. Grants and contracts. " Sec. 205. Instruction in basic
skills.
" Sec. 206. Parental participation in basic skills instruction.
" Sec. 207. Use of technology in basic skills instruction.
" Sec. 208. Involvement of educational agencies and private
organizations.
" Sec. 209. Collection and dissemination of information relating to
basic skills programs.
" Sec. 210. Coordination.
" Sec. 221. Statement of purpose.
" Sec. 222. Agreements with State educational agencies.
" Sec. 223. Distribution of funds.
" Sec. 224. State leadership program.
" Sec. 231. Inexpensive book distribution program for reading
motivation.
" Sec. 232. Special mathematics program.
" Sec. 241. Authorization of appropriations.
" Sec. 242. Apportionment of appropriations.".
THE ELEMENTARY
AND SECONDARY EDUCATION ACT OF 1965
Sec. 301. Special projects.
" Sec. 301. Statement of purpose.
" Sec. 302. Grants and contracts authorized.
" Sec. 303. Commissioner's discretionary projects.
" Sec. 311. Short title; declaration of purpose.
" Sec. 312. Program authorized.
" Sec. 313. Application.
" Sec. 314. Authorization of appropriations.
" Sec. 321. Short title; statement of findings.
" Sec. 322. Program authorized.
" Sec. 323. Authorization of appropriations.
" Sec. 325. Establishment of program.
" Sec. 331. Short title; statement of findings.
" Sec. 332. Office of Consumers' Education.
" Sec. 333. Program authorized.
" Sec. 334. Application.
" Sec. 335. Reports and evaluations.
" Sec. 336. Reservation of funds.
" Sec. 341. Program authorized.
" Sec. 342. Authorization of appropriations.
" Sec. 346. Short title; declaration of findings.
" Sec. 347. Program authorized.
" Sec. 348. Authorization of appropriations.
" Sec. 351. Short title; declaration of findings; purpose.
" Sec. 352. Office of Environmental Education.
" Sec. 353. Program authorized.
" Sec. 354. Application.
" Sec. 355. Technical assistance.
" Sec. 356. Special grants.
" Sec. 357. Administration.
" Sec. 358. Authorization of appropriations.
" Sec. 361. Short title; declaration of purpose.
" Sec. 362. Program authorized.
" Sec. 363. Application.
" Sec. 364. Authorization of appropriations.
" Sec. 371. Short title.
" Sec. 372. Program authorized.
" Sec. 373. Technical assistance.
" Sec. 374. Authorization of appropriations.
" Sec. 376. Dissemination of information.
" Sec. 381. Findings and purpose.
" Sec. 382. Definitions.
" Sec. 383. Projects for economically disadvantaged students.
" Sec. 384. Project activities.
" Sec. 385. Applications.
" Sec. 386. Use of funds.
" Sec. 387. Appropriations authorized.
" Sec. 391. Short title.
" Sec. 392. Program authorized.".
AND
SECONDARY EDUCATION ACT OF 1965
Sec. 401. Libraries, learning resources, educational innovation and
support.
" Sec. 401. Purpose.
" Sec. 402. Authorization of appropriations.
" Sec. 403. Allotments to States.
" Sec. 404. State plans.
" Sec. 405. Payments to States.
" Sec. 406. Participation of children enrolled in private schools.
Resources
" Sec. 421. Activities authorized.
" Sec. 422. Program requirements.
" Sec. 431. Activities authorized.
" Sec. 432. Program requirements.
" Sec. 441. Program authorized.
" Sec. 442. Program requirements.
" Sec. 443. Administration.".
Sec. 501. State leadership.
" Part A--Administration of Education Programs and Duties of the
State Educational Agency
" Sec. 501. Single State application.
" Sec. 502. Single local educational agency application.
" Sec. 503. Application approval.
" Sec. 504. State rulemaking.
" Sec. 505. Technical assistance and dissemination of information.
" Sec. 506. Monitoring.
" Sec. 507. Complaint resolution.
" Sec. 508. Withholding of payments.
" Sec. 509. Audits and audit resolution.
" Sec. 510. Payments; authorization.
" Sec. 521. Activities authorized.
" Sec. 522. Program requirements.
" Sec. 523. Authorization of appropriations.
" Sec. 531. National and State advisory councils.".
ELEMENTARY
AND SECONDARY EDUCATION ACT OF 1965
Sec. 601. Emergency school aid.
" Sec. 601. Short title.
" Sec. 602. Findings and purpose.
" Sec. 603. Policy with respect to the application of certain
provisions of Federal law.
" Sec. 604. Authorization.
" Sec. 605. Apportionment among States.
" Sec. 606. Eligibility for assistance.
" Sec. 607. Authorized activities.
" Sec. 608. Special programs and projects.
" Sec. 609. Metropolitan area projects.
" Sec. 610. Applications.
" Sec. 611. Educational television and radio.
" Sec. 612. Payments.
" Sec. 613. Evaluations.
" Sec. 614. Joint funding.
" Sec. 615. Attorney fees.
" Sec. 616. Neighborhood schools.
" Sec. 617. Definitions.".
ELEMENTARY AND
SECONDARY EDUCATION ACT OF 1965
Sec. 701. Amendment.
" Sec. 701. Short title.
" Sec. 702. Policy; appropriations.
" Sec. 703. Definitions; regulations.
Education Programs
" Sec. 721. Bilingual education programs.
" Sec. 722. Indian children in schools.
" Sec. 723. Training.
" Sec. 731. Office of Bilingual Education.
" Sec. 732. National Advisory Council on Bilingual Education.
" Sec. 741. Administration.
" Sec. 742. Bilingual education research and development.
" Sec. 751. Assistance to local educational agencies eligible under
the Emergency School Aid Act.".
A NEW
TITLE IX OF THE ELEMENTARY AND SECONDARY
EDUCATION ACT
OF 1965
Sec. 801. Community education program authorized.
" Sec. 801. Short title.
" Sec. 802. Statement of findings and policy.
" Sec. 803. Definition of community education program.
" Sec. 804. State programs for community education.
" Sec. 805. Allotment.
" Sec. 806. Use of community education programs for non-Federal
contribution in certain Federal programs.
" Sec. 807. Uses of funds.
" Sec. 808. State plan.
" Sec. 809. Grants to local educational agencies.
" Sec. 810. Grants to public agencies and nonprofit organizations
for delivery of community services through community education.
" Sec. 811. National leadership and planning.
" Sec. 812. Training of community education personnel.
" Sec. 813. Research.
" Sec. 814. Administration.
" Sec. 815. Federal share.". Sec. 802. Additional programs
authorized.
" Sec. 901. Short title; purpose.
" Sec. 902. Definition.
" Sec. 903. Authorization of appropriations; apportionment of
appropriations.
" Sec. 904. State programs.
" Sec. 905. Discretionary programs.
" Sec. 906. State allotments.
" Sec. 907. Administration.
" Sec. 908. Federal share.
" Sec. 921. Grants to implement educational proficiency standards.
" Sec. 922. Achievement testing assistance.
" Sec. 931. Short title; purpose.
" Sec. 932. Grant and contract authority.
" Sec. 933. Application; participation.
" Sec. 934. Small grants.
" Sec. 935. Criteria and priorities.
" Sec. 936. National Advisory Council on Women's Educational
Programs.
" Sec. 937. Report.
" Sec. 938. Authorization of appropriations.
" Sec. 941. Purpose.
" Sec. 942. Authorization of appropriations.
" Sec. 943. Allotments to local educational agencies.
" Sec. 944. Application.
" Sec. 951. Statement of policy.
" Sec. 952. Ethnic heritage studies programs.
" Sec. 953. Authorized activities.
" Sec. 954. Applications.
" Sec. 955. Administrative provisions.
" Sec. 956. National Advisory Council.
" Sec. 957. Authorization of appropriations.".
OF
THE ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965
Sec. 901. Revision of title VIII--GENERAL provisions.
Sec. 1001. General extensions of Public Law 874. Sec. 1002. Revision
of jurisdictional limits on locations of Federal property. Sec. 1003.
Provisions regarding heavily impacted school districts. Sec. 1004.
Absorption. Sec. 1005. Early payments on the basis of estimates. Sec.
1006. State equalization. Sec. 1007. Adjustments necessitated by
appropriations. Sec. 1008. Hearings. Sec. 1009. Children for whom
local agencies are unable to provide education. Sec. 1010. Prompt
consideration for applications. Sec. 1011. Property owned by foreign
governments and international organizations. Sec. 1012. Definition of
local educational agency. Sec. 1013. Handicapped children. Sec. 1014.
Use of average daily membership. Sec. 1015. Impact aid study.
Sec. 1021. General extensions of Public Law 815. Sec. 1022.
Determination of number of children. Sec. 1023. Construction
arrangements. Sec. 1024. Disaster assistance.
Sec. 1031. Northern Mariana Islands. Sec. 1032. Effective Date.
Sec. 1101. Amendment to Public Law 874. Sec. 1102. Funding provision.
Sec. 1103. Basic educational support.
Sec. 1121. Standards for the basic education of Indian children in
Bureau of
Indian Affairs schools. Sec. 1122. National criteria for dormitory
situations. Sec. 1123. Regulations. Sec. 1124. Studies. Sec. 1125.
Facilities construction. Sec. 1126. Bureau of Indian Affairs education
functions. Sec. 1127. Implementation. Sec. 1128. Allotment formula.
Sec. 1129. Uniform direct funding and support. Sec. 1130. Policy for
Indian control of Indian education. Sec. 1131. Education personnel.
Sec. 1132. Management information system. Sec. 1133. Bureau education
policies. Sec. 1134. Uniform education procedures and practices. Sec.
1135. Recruitment of Indian educators. Sec. 1136. Annual report. Sec.
1137. Rights of Indian students. Sec. 1138. Regulations. Sec. 1139.
Definitions.
Sec. 1141. Extension of authorization. Sec. 1142. Culturally related
academic needs. Sec. 1143. Demonstration projects. Sec. 1144. Parent
committees. Sec. 1145. Allocation adjustment. Sec. 1146. Tribal
schools. Sec. 1147. Definition study. Sec. 1148. Data collection.
Sec. 1149. Program monitoring. Sec. 1150. Amendments to title X of the
Elementary and Secondary Education
Act of 1965. Sec. 1151. Definition of Indian. Sec. 1152. Teacher
training and fellowships.
Sec. 1201. Data collection. Sec. 1202. Equalization assistance. Sec.
1203. School finance.
Sec. 1211. Short title. Sec. 1212. General Education Provisions Act
amendment. Sec. 1213. Applications.
Sec. 1231. State and local administration. Sec. 1232. Enforcement.
Sec. 1241. Office of Non-Public Education. Sec. 1242. National
assessment of educational progress. Sec. 1243. National Center for
Education Statistics. Sec. 1244. General authority of administrative
heads of education agencies. Sec. 1245. Availability of appropriations.
Sec. 1246. Evaluation. Sec. 1247. Review of applications. Sec. 1248.
Technical assistance; dissemination. Sec. 1249. Maintenance of
effort. Sec. 1250. Protection of pupil rights.
Sec. 1261. Effective Dates.
Sec. 1301. Statement of purpose. Sec. 1302. Definition of adult
education. Sec. 1303. Grants to States. Sec. 1304. Northern Mariana
Islands. Sec. 1305. State plans. Sec. 1306. Payments. Sec. 1307.
Research, evaluation, and clearinghouse. Sec. 1308. Special projects
for the elderly. Sec. 1309. National Advisory Council. Sec. 1310.
Authorization of appropriations. Sec. 1311. Educational opportunities
for adult Indians. Sec. 1312. Indochina refugees. Sec. 1313. Adult
education program for immigrants.
Sec. 1321. Teacher training programs. Sec. 1322. Amendment for
advances for reserved funds of State loan insurance
programs. Sec. 1323. Direct loans to students; conforming
amendment.
Sec. 1331. Extension of program.
Sec. 1341. Technical amendment.
Sec. 1351. Extension of program.
Sec. 1401. Short title. Sec. 1402. Establishment of defense
dependents' education system. Sec. 1403. Office of Dependents'
Education. Sec. 1404. Tuition-paying students. Sec. 1405. Annual
educational assessment. Sec. 1406. School construction by the Director
of Dependents' Education. Sec. 1407. School system for dependents in
overseas areas. Sec. 1408. Eligibility for school lunch and breakfast
programs. Sec. 1409. Allotment formula. Sec. 1410. School advisory
committees. Sec. 1411. Advisory Council on Dependents' Education. Sec.
1412. Study of defense dependents' education system. Sec. 1413.
Regulations. Sec. 1414. Definitions. Sec. 1415. Effective dates.
Sec. 1501. Declaration of purpose of the International Year of the
Child. Sec. 1502. Establishment of a National Commission. Sec. 1503.
Functions of the Commission. Sec. 1504. Coordination and
administration. Sec. 1505. Waivers of certain other provisions of law.
Sec. 1506. Termination date. Sec. 1507. Authorization of
appropriations.
Resolution
Sec. 1511. Establishment. Sec. 1512. Duties of Commission. Sec. 1513.
Membership. Sec. 1514. Director and staff of Commission; experts and
consultants. Sec. 1515. Powers of Commission. Sec. 1516. Reports.
Sec. 1517. Termination. Sec. 1518. Authorization of appropriations.
Sec. 1519. Definitions.
Sec. 1521. Preparation of census data. Sec. 1522. Authorization of
appropriations for racially isolated school districts. Sec. 1523.
Availability of education reports. Sec. 1524. General assistance for
the Virgin Islands. Sec. 1525. Territorial teacher training assistance.
Sec. 1526. Study of evaluation practices and procedures. Sec. 1527.
Television program assistance. Sec. 1528. Limitation on contracting
authority. Sec. 1529. Repeal. Sec. 1530. General effective date.
Sec. 101. (a) Title I of the Act entitled " An Act to strengthen and
improve educational quality and educational opportunities in the
Nation's elementary and secondary schools", approved April 11, 1965, as
amended (Public Law 89-10, also known as the Elementary and Secondary
Education Act of 1965), // 20 USC 821 // is amended to read as follows:
" Sec. 101. // 20 USC 2701 // In recognition of the special
educational needs of children of low-income families and the impact that
concentrations of low-income families have on the ability of local
educational agencies to support adequate educational programs, the
Congress hereby declares it to be the policy of the United States to
provide financial assistance (as set forth in the following parts of
this title) to local educational agencies serving areas with
concentrations of children from low-income families to expand and
improve their educational programs by various means (including preschool
programs) which contribute particularly to meeting the special
educational needs of educationally deprived children. Further, in
recognition of the special educational needs of children of certain
migrant parents, of Indian children and of handicapped, neglected, and
delinquent children, the Congress hereby declares it to be the policy of
the United States to provide financial assistance (as set forth in the
following parts of this title) to help meet the special educational
needs of such children.
" Sec. 102. // 20 USC 2702. // During the period beginning October
1, 1978, and ending September 30, 1983, 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.
Agencies
" Sec. 111. // 20 USC 2711. // (a) Amount of Grants.--(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 part E (other than payments under such part to
jurisdictions excluded from the term ' State' by this subsection, and
payments pursuant to section 156), and there is authorized to be
appropriated such additional sums as will assure at least the same level
of funding under this title as in fiscal year 1976 for Guam, American
Samoa, the Virgin Islands, the Northern Mariana 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, the
Northern Mariana 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 amount 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,
the Northern Mariana 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 purpose
of this title.
"(2) (A) In any case in which the Commissioner determines that
satisfactory data for that purpose are available, the grant which a
local educational agency in a State is 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 (i) 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 (ii) 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.
"(B) 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 subparagraph (A)
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 the basic criteria prescribed by the
Commissioner.
"(C) For each fiscal year, the Commissioner shall determine the
percentage which the average per pupil expenditure in Puerto Rico is of
the lowest average per pupil expenditure of any of the fifty States.
The grant which Puerto Rico shall be eligible to receive under this
subpart for a fiscal year (exclusive of any amount received under
paragraph (3)(D) shall be the amount arrived at by multiplying the
number of children counted under subsection (c) for Puerto Rico by the
product of--,
"(i) the percentage determined under the preceding sentence,
and
"(ii) 32 per centum of the average per pupil expenditure in the
United States.
"(3) (A) Upon determination by the State educational agency that 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) In any State in which a large number of local educational
agencies overlap county boundaries, the State educational agency may
apply to the Commissioner for authority during any particular fiscal
year to make the allocations under this part (other than section 117)
directly to local educational agencies without regard to the counties.
If the Commissioner approves an application of a State educational
agency for a particular year under this subparagraph, the State
educational agency shall provide assurances that such allocations will
be made using precisely the same factors for determining a grant as are
used under this part and that a procedure will be established through
which local educational agencies dissatisfied with the determinations
made by the State educational agency may appeal directly to the
Commissioner for a final determination.
"(D) (i) From one-half of any amount made available for this subpart
for any fiscal year in excess of the amount made available for this
subpart for fiscal year 1979, there shall be alloted to each State an
amount which bears the same ratio to such excess as the product of--,
"(I) the number of children in such State aged five to
seventeen, inclusive, from families below 50 per centum of the
median national income for four-person families from the 1975
survey of income and education conducted by the Bureau of the
Census,
multiplied by--,
"(II) 40 per centum of the amount determined under the second
sentence of paragraph (2)(A) and, in the case of Puerto Rico, the
product determined under subparagraph (C)(i) and (ii) of this
paragraph.
bears to the sum of such products for all the States.
"(ii) In any case in which the Commissioner finds that a State's
percentage decrease in children from low-income families exceeds 25 per
centum between the 1970 decennial census, as adjusted, and the 1975
survey of income and education, the Commissioner shall allocate funds
based on the most current valid data available or based on a resurvey of
the affected State by the Bureau of the Census.
"(iii) From the amount allotted to each State under division (i), the
amount which each local educational agency in that State shall be
eligible to receive under this subparagraph shall be an amount which
bears the same ratio to the total amount allotted to such State under
this subparagraph as the amount such local educational agency receives
under paragraph (2) bears to the total amount of funds made available to
local educational agencies in such State under such paragraph.
"(E) From the remaining one-half of any amount made available for
this subpart for any fiscal year in excess of the amount made available
for this subpart for fiscal year 1979 after the application of
subparagraph (D), there shall be allotted to each State an amount
determined in accordance with paragraph (2) of this subsection.
"(4) For purposes of this subsection, the term ' State' does not
include Guam, Americn Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands.
"(b) Minimum Number of Children To Qualify.--A local educational
agency shall be eligible for a basic grant for a fiscal year under this
subpart only if it meets the following requirements with respect to the
number of children counted under subsection (c):
"(1) In any case (except as provided in paragraph (3) in which the
Commissioner determines that satisfactory data for the purpose of this
subsection as to the number of such children are available on a school
district basis, the number of such children in the school district of
such local educational agency shall be at least ten.
"(2) In any other case, except as provided in paragraph (3), the
number of such children in the county which includes such local
educational agency's school district shall be at least ten.
"(3) In any case in which a county includes a part of the school
district of the local educational agency concerned and the Commissioner
has not determined that satisfactory data for the purpose of this
subsection are available on a school district basis for all the local
educational agencies or all the counties into which the school district
of the local educational agency concerned extends, the eligibility
requirement with respect to the number of such children for such local
educational agency shall be determined in accordance with regulations
prescribed by the Commissioner for the purposes of this subsection.
"(c) Children To Be Counted.--(1)(A) The number of children to be
counted for purposes of this section, other than for subsection (a)(3)(
D), is the aggregate of--,
"(i) 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),
"(ii) 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), subject to
subparagraph (B) of this paragraph, and
"(iii) 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 United States) but not counted
pursuant to subpart 3 of part B for the purposes of a grant to a
State agency, or being supported in foster homes with public
funds.
"(B) For the purpose of division (ii) of subparagraph (A) of this
paragraph the number of children aged five through seventeen, inclusive,
in the school district of such agency from families above the poverty
level as determined under paragraph (2)(B) shall be reduced by one-third
for fiscal year 1979; except that such reduction shall not be
applicable with respect to determinations made under section 117(b) of
the number of children to be counted under this subsection.
"(2)(A) For the purposes of this section, 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.
"(B) For purposes of this section, the Secretary 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 State plan approved under title IV of the
Social Security Act; // 42 USC 601. // 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
nonfarm 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 October 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 calendar year preceding such
month of October) or, to the extent that such data are not available to
him before January of the calendar year in 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.
"(C) When requested by the Commissioner, the Secretary of Commerce
shall make a special estimate of the number of children of such ages who
are from families below the poverty level (as determined under
subparagraph (A) of this paragraph) in each county or school district,
and the Commissioner is authorized to pay (either in advance or by way
of reimbursement) the Secretary of Commerce the cost of making this
special estimate. The Secretary of Commerce shall give consideration to
any request of the chief executive of a State for the collection of
additional census information. For purposes of this section, the
Secretary shall consider all children who are in correctional
institutions to be living in institutions for delinquent children.
"(d) Program for Indian Children.--(1) From the amount allotted for
payments to the Secretary of 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 payment 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
subpart 3 of this part and that the Department of the Interior will
comply in all other respects with the requirements of this title, and
(B) provision for carrying out the applicable provisions of subpart 3 of
this part and sections 171 and 172.
FAMILIES WITH
DEPENDENT CHILDREN
" Sec. 112. // 20 USC 2712. // Notwithstanding the provisions of
title IV of the Social Security Act, // 42 USC 601. // a State plan
approved under section 402 of such Act // 42 USC 602. // shall provide
that for a period of not less than twelve months, and may provide that
for a period of not more than twenty-four months, the first $85 earned
by any person in any month for services rendered to any program assisted
under this title of this Act shall not be regarded (1) in determining
the need of such person under such approved State plan or (2) in
determining the need for any other individual under such approved State
plan.
" Sec. 116. // 20 USC 2721. // (a) Eligibility.--(1) Each local
educational agency that is eligible to receive a payment under section
111 for any fiscal year shall be entitled to an additional grant under
this section for that fiscal yer if it is located in a State which has
in effect for that fiscal year a State program meeting the requirements
of paragraph (2) under which financial assistance is provided to meet
the special education needs of educationally deprived children.
"(2) A State program meets the requirements of this subsection if,
under State law--
"(A) the program meets the requirements of section 131(c); and
"(B) not less than 50 per centum of the funds expanded under
the program in any school district of any local educational agency
in the State in the fiscal year preceding any fiscal year in which
the State receives a payment under this subpart is expended in
school attendance areas of such agencies having high
concentrations of children from low-income families.
"(b) Amount of Grants.--(1) Except as provided in paragraph (3), the
aggregate amount to which the local educational agencies in a State are
entitled under this section for any fiscal year shall be 50 per centum
of the amount of State funds expended, in the most recent fiscal year
for which data are available, under a State program meeting the
requirements of paragraph (2) of subsection (a) of this section.
"(2) The amount of the additional grant for each local educational
agency in a State under this section for all fiscal year shall bear the
same ratio to the amount allocated to such State under subsection (o) of
this section as the amount allocated to such local educational agency
under section 111 of this title for such fiscal year bears to the
aggregate amount allocated to all local educational agencies in the
State under section 111 for such fiscal year.
"(3) The aggregate amount which the local educational agencies in a
State shall be eligible to receive under this section for any fiscal
year shall not exceed 10 per centum of the aggregate amount which all
local educational agencies in such State are eligible to receive under
section 111 of this title for such fiscal year.
"(4) Each State which desires to receive payments under this section
shall develop a system for determining the data required by subparagraph
(2)(B) of subsection (a) of this section relating to the percentage of
State funds expended in school attendance areas having high
concentrations of children from low-income families and required by
paragraph (1) of this subsection relating to the amount of State funds
expended under the State program referred to in that paragraph. The
State shall submit to the Commissioner such information as the
Commissioner may request concerning that system.
"(c) Payments; Use of Funds.--(1) Except as provided in paragraph
(3), the Commissioner shall pay to each State for each fiscal year the
aggregate amount to which the local educational agencies in such State
are entitled under subsection (b) after any ratable reductions under
subsection (d).
"(2) The total amount to which the local educational agencies in a
State are entitled under this section for any fiscal year shall be added
to the amount paid to such State under section 191 for such year. From
the amount paid to it under this subsection, the State shall distribute
to each local educational agency of the State the amount of its
additional grant as determined under subsection (b)(2).
"(3) Whenever the expenditures made by a State in accordance with
subsection (a) in a fiscal year equal or exceed expenditures in the
preceding fiscal year, the amount paid to such State under this section
shall, subject to subsection (d), not be less than the amount paid to
such State under this section in the preceding fiscal year, and the
total of any increases required under this paragraph shall be derived by
proportionately reducing the amount paid to States which were not
entitled to a payment under this section in the preceding fiscal year,
except that the amount paid to a State under this section for any fiscal
year shall not exceed the maximum amount to which such State is entitled
for such fiscal year under paragraph (1) of subsection (b).
"(4) The amount paid to a local educational agency under this part
shall be used by such agency for activities undertaken pursuant to its
application submitted under section 121 and shall be subject to all
other requirements in subpart 3 of this part.
"(d) Ratable Reductions.--If the sums appropriated pursuant to
subsection (e) for a fiscal year are not sufficient to pay in full the
total amounts which all local educational agencies are entitled to
receive under this section, the amount to be paid such agencies shall be
ratably reduced to the extent necessary to bring such payments within
the limits of the amounts so appropriated. In case additional funds
become available for making payments under this section for that year,
such reduced amounts shall be increased on the same basis that they were
reduced.
"(e) Appropriations.--There are authorized to be appropriated for the
purposes of this section such sums as may be necessary for fiscal year
1980 and for the three succeeding fiscal years.
WITH ESPECIALLY
HIGH CONCENTRATIONS OF CHILDREN FROM LOW- INCOME
FAMILIES
" Sec. 117. // 20 USC 2722. // (a) Purpose.--It is the purpose of
this section to provide additional assistance to local educational
agencies in counties with especially high concentrations of children
from low-income families to enable local educational agencies in such
counties to provide more effective programs of instruction, especially
in the basic skills of reading, writing, and mathematics, to meet the
special educational needs of educationally deprived children.
"(b) Eligibility for and Amount of Special Grants.--(1) Each county,
in a State other than Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, and the Trust Territory of the Pacific
Islands, which is eligible for a grant under this title for any fiscal
year shall be entitled to an additional grant under this section for
that fiscal year if--,
"(A) the number of children counted under section 111(c) of
this title for local educational agencies in such county for the
preceding fiscal year exceeds five thousand, or
"(B) the number of children counted under section 111(c)
exceeds 20 per centum of the total number of children aged five to
seventeen, inclusive, in the school districts of local educational
agencies in such county in that fiscal year,
except that no such State shall receive less than one-quarter of 1 per
centum of the sums appropriated under subsection (d) for such section
for such fiscal year.
"(2) For each county in which there are local educational agencies
eligible to receive an additional grant under this section for any
fiscal year the Commissioner shall determine the product of--,
"(A) the number of children in excess of five thousand counted
under section 111(c) for the preceding fiscal year or the number
of children counted under that section in excess of 20 per centum
of the total number of children aged five to seventeen, inclusive,
in the school districts of local educational agencies in such
county for that preceding fiscal year, whichever is greater, and
"(B) the quotient resulting from the division of the amount
determined for those agencies under section 111(a)(2) of this
title for the fiscal year for which the determination is being
made divided by the total number of children counted under section
111(c) for that agency for the preceding fiscal year.
"(3) The amount of the additional grant to which an eligible county
is entitled under this section for any fiscal year shall be an amount
which bears the same ratio to the amount appropriated under subsection
(d) for that fiscal year as the product determined under paragraph (2)
for such county for that fiscal year bears to the sum of such products
for all counties in the United States for that fiscal year.
"(4) For the purposes of this section, the Commissioner shall
determine the number of children counted under section 111(c) for any
county, and the total number of children aged five to seventeen,
inclusive, in school districts of local educational agencies in such
county, on the basis of the most recent satisfactory data available at
the time the entitlement for such county is determined under section
111.
"(5) Funds allocated to counties under this part shall be allocated
by the State educational agency, pursuant to regulations established by
the Commissioner, among the several local educational agencies whose
school districts lie (in whole or in part) within the county on the
basis of the current distribution in the county of children aged five to
seventeen, inclusive, from low-income families (using a poverty level
selected by the State educational agency consistent with the purposes of
this title) as determined on the basis of the available data which such
State educational agency determines best to reflect the current
distribution in the county of children aged five to seventeen,
inclusive, from low-income families, except that in determining the
number of such children in any local educational agency in which less
than 20 per centum of the children are from low-income families, each
such child shall be counted as a fraction in which the numerator is the
percentage of low-income children in the school district of that agency
and the denominator is 20.
"(c) Payments; Use of Funds.--(1) The total amount to which the
counties in a State are entitled under this section for any fiscal year
shall be added to the amount paid to that State under section 191 for
such year. From the amount paid to it under this section, the State
shall distribute to local educational agencies in each county of the
State the amount (if any) to which it is entitled under this section.
"(2) The amount paid to a local educational agency under this section
shall be used by that agency for activities undertaken pursuant to its
application submitted under section 121 and shall be subject to the
other requirements in subpart 3 of this part.
"(d) Appropriations.--There are authorized to be appropriated for the
purposes of this section $400,000,000 for fiscal year 1979, and such
sums as may be necessary for each of the four succeeding fiscal years.
" Sec. 121. // 20 USC 2731. // A local educational agency may
receive a grant under this title for any fiscal year if it has on file
with the State educational agency a current application, approved by the
State educational agency, describing the programs and projects to be
conducted with assistance provided under this title for a period of not
to exceed three fiscal years, including the fiscal year for which the
grant is to be made. Such an application may be amended at any time to
describe changes in or additions to the activities originally set forth
in the application. An application or amendment thereto shall be
approved by the State educational agency upon its determination that the
application provides for the use of such funds in a manner which meets
the requirements of this subpart and is consistent with the assurance
contained in the general application required by section 436 of the
General Education Provisions Act, // 20 USC 1232e. // subject to such
basic criteria as the Commissioner may prescribe.
" Sec. 122. // 20 USC 2732. // (a) General Provisions.--(1) Except
as provided in paragraph (2) and subsections (b), (c), (d), and (e) of
this section, a local educational agency shall use funds received under
this title in school attendance areas having high concentrations of
children from low-income families (hereinafter referred to as 'eligible
school attendance areas'), and where funds under this title are
insufficient to provide programs and projects for all educationally
deprived children in eligible school attendance areas, a local
educational agency shall annually rank its eligible school attendance
areas from highest to lowest, according to relative degree of
concentration of children from low-income families. A local educational
agency may carry on a program or project assisted under this title in an
eligible school attendance area only if it also carries on such program
or project in all other eligible school attendance areas which are
ranked higher under the first sentence. A local educational agency may
designate any school attendance area in which at least 25 per centum of
the children are from low-income families as an eligible school
attedance area if the aggregate amount expended under this title and
under a State program meeting the requirements of section 131(c) in that
fiscal year in each school attendance area of that agency in which
projects assisted under this title were carried out in the preceding
fiscal year equals or exceeds the amount expended from those sources in
that area in such preceding fiscal year. The same measure of low
income, which shall be chosen by the local educational agency and which
may be a composite of several indicators, shall be used with respect to
all such areas, both to identify the areas having high concentrations of
children from low-income families and to determine the ranking of each
area.
"(2)(A) Notwithstanding the provisions of paragraph (1), in the
selection of eligible school attendance areas, a local educational
agency may, subject to the requirements of subparagraph (B), choose to
rank all its school attendance areas as provided in paragraph (1) and
also rank all its school attendance areas according to educational
deprivation, and then serve all its school attendance areas ranked
according to paragraph (1) in the order of their ranking under such
paragraph unless another school attendance area ranked according to
education deprivation has a substantially greater number or a
substantially greater percentage of educationally deprived children, in
which case such school attendance area may be served before service is
provided to other school attendance areas ranked pursuant to paragraph
(1) which have a substantially smaller number or substantially smaller
percentage of educationally deprived children. In the event that a
local educational agency chooses to exercise the option provided under
this paragraph, it shall not serve any more school attendance areas than
the number identified pursuant to paragraph (1).
"(B) Any local educational agency desiring to use the alternative
ranking system described in subparagraph (A) shall, with the consent of
the district-wide parent advisory council of that agency, apply for
permission to use such system to the State educational agency of the
State wherein such local educational agency is located. Such application
shall be approved by such State educational agency only if such State
educational agency finds that the use of such alternative ranking system
will not substantially impair the delivery of compensatory education
services to educationally deprived children from low-income families in
project areas served by such local educational agency. Whenever a
school district exercises the option under this paragraph and actually
serves one or more school attendance areas ranked under this paragraph,
none of the areas so ranked but not served shall be considered to be
eligible school attendance areas under this title.
"(b) Use of Enrollment Data in Certain Schools.--A local educational
agency may use funds received under this title for educationally
deprived children who are in a school of such agency which is not
located in an eligible school attendance area, but at which the
proportion of children in actual average daily attendance who are from
low-income families is substantially the same as the proportion of such
children in such an area of that agency (hereinafter referred to as an
'eligible school').
"(c) Continuation of Eligibility for Certain School Attendance Areas
or Schools.--An eligible school attendance area or an eligible school
may be designated a project area under subsection (a) or a project
school under subsection (b) for a fiscal year, even though it does not
qualify under such subsections for that fiscal year, if such area or
school was so designated in either of the two preceding fiscal years.
"(d) Lower Ranked School Attendance Areas or Schools Having
Substantially Greater Incidences of Educationally Deprived Children Than
Higher Ranked Areas or Schools.--The Commissioner shall issue
regulations providing for an exception to subsection (a) permitting
children in lower ranked eligible school attendance areas or eligible
schools having substantially greater incidences of educational
deprivation than areas or schools ranked higher under subsections (a) or
(b) to receive assistance before such children in higher ranked areas or
schools receive such assistance.
"(e) Skipping Higher Ranked School Attendance Areas or Schools
Receiving Services of the Same Nature and Scope From Non-Federal
Sources.--The Commissioner shall issue regulations providing for an
exception to subsection (a) or (b) permitting local educational agencies
to skip higher ranked eligible school attendance areas or eligible
schools receiving, from non-Federal funds, services of the same nature
and scope as would otherwise be provided under this title. Whenever
children residing in eligible areas and attending private elementary and
secondary schools are ineligible for services of the same nature and
scope fromm non-Federal sources, such children shall be selected for
programs and projects under this title without regard to the provisions
of this subsection. The number of children receiving services under
this title who attend private elementary and secondary schools shall be
determined in each local educational agency receiving assistance under
this title without regard to non-Federal compensatory education funds
which serve children in public elementary and secondary schools who are
also eligible for assistance under this title. Children attending
private elementary and secondary schools who receive assistance under
this title shall be identified in accordance with this section and
without regard to skipping higher ranked school attendance areas or
schools receiving services of the same nature and scope from non-Federal
sources.
" Sec. 123. // 20 USC 2733. // (a) General Provisions.--Except as
provided in subsections (b), (c), and (d) of this section and section
133, a local educational agency must use funds received under this title
for educationally deprived children, identified in accordance with
section 124(b) as having the greatest need for special assistance, in
school attendance areas or schools satisfying the requirements of
section 122.
"(b) Continuation of Eligibility for Educationally Deprived Children
Who Are No Longer in Greatest Need of Assistance.--, Whenever for a
fiscal year, an educationally deprived child in a school attendance area
or school satisfying the requirements of section 122, does not meet the
requirement of subsection (a) requiring that he be in greatest need of
special assistance, but did not meet such requirement in any previous
year, and is still educationally deprived, that child may participate in
a program or project assisted under this title for the current fiscal
year.
"(c) Continuation of Eligibility for Educationally Deprived Children
Transferred to Ineligible Areas or Schools in the Same Year.--
Educationally deprived children who begin participation in a program or
project assisted under this title, in accordance with subsections (a)
and (b) but who, in the same school year, are transferred to a school
attendance area or school not receiving funds under this title, may, if
the local agency so determines, continue to participate in a program or
project funded under this title for the duration of that same school
year.
"(d) Skipping Children Determined To Be in Greatest Need of
Assistance Who Are Receiving Services of the Same Nature and Scope From
Non-Federal Sources.--The Commissioner shall issue regulations providing
for an exemption to subsection (a) permitting local educational
agencies, in providing services under this title, to skip educationally
deprived children in greatest need of assistance who are receiving, from
non-Federal sources, services of the same nature and scope as would
otherwise be provided under this title.
PROGRAMS
" Sec. 124. // 20 USC 2734. // (a) Purpose of Program.--A local
educational agency may use funds received under this title only for
programs and projects which are designed to meet the special educational
needs of the children referred to in section 123. Such programs and
projects may include the acquisition of equipment, payments to teachers
of amounts in excess of regular salary schedules as a bonus for service
in schools serving project areas, the training of teachers, and, where
necessary, the construction of school facilities, and planning for such
programs and projects.
"(b) Assessment of Educational Need.--A local educational agency may
receive funds under this title only if it makes an assessment of
educational needs each year to (1) identify educationally deprived
children in all eligible attendance areas and to select those
educationally deprived children who have the greatest need for special
assistance; (2) identify the general instructional areas on which the
program will focus; and (3) determine the special educational needs of
participating children with specificity sufficient to facilitate
development of high-quality programs and projects.
"(c) Planning.--A local educational agency may use funds received
under this title for planning only if (1) the planning relates directly
to programs or projects to be assisted under this title and has
resulted, or is reasonably likely to result, in a program or project to
be assisted under this title, and (2) such funds are needed because of
the innovative nature of the program or project or because such agency
lacks the resources necessary to plan adequately for programs and
projects to be assisted under this title. The amount a local
educational agency may use for plans for any fiscal year may not exceed
1 per centum of the amount determined for that agency for that year
pursuant to section 111 or $2,000, whichever is greater.
"(d) Sufficient Size, Scope, and Quality.--A local educational agency
may use funds received under this title only for programs and projects
which are of sufficient size, scope, and quality to give reasonable
promise of substantial progress toward meeting the special educational
needs of the children being served, and to this end such programs and
projects must involve an expenditure of not less than $2,500, except
that a State educational agency may reduce such $2,500 requirement for a
local educational agency if it determines that it would be impossible,
for reasons such as distance or difficulty of travel, for such local
educational agency to join effectively with other local educational
agencies for the purpose of meeting the requirement.
"(e) Expenditures Related to Ranking of Project Areas and Schools.--
A local educational agency may receive funds under this title only if
such funds are allocated among project areas or schools for programs and
projects assisted under this title on the basis of the number and needs
of children to be served as determined in accordance with section 123.
"(f) Coordination With Other Programs.--(1) A local educational
agency may receive funds under this title only if it demonstrates that,
in the development of its application, it has taken into consideration
benefits and services which are or may be available through other public
and private agencies, organizations, or individuals. The local
educational agency shall also demonstrate that in order to avoid
duplication of effort and to ensure that all programs and projects
complement each other, it has considered suggestions and offers of
assistance made by other agencies which may aid in carrying out or
making more effective the program or project for which the application
is made.
"(2) A local educational agency may use funds received under this
title for health, social, or nutrition services for participating
children under this title only if such agency has requested from the
State educational agency assistance in locating and utilizing other
Federal and State programs to provide such services.
"(g) Evaluations.--A local educational agency may receive funds under
this title only if--,
"(1) effective procedures are adopted for evaluating, in
accordance with the evaluation schedule promulgated by the
Commissioner under section 183(g), the effectiveness of the
programs assisted under this title in meeting the special
educational needs of educationally deprived children;
"(2) such evaluations will include, during each three-year
period, the collection and analysis of data relating to the degree
to which programs assisted under this title have achieved their
goals, including the requirements of section 130, and will also
include objective measurements of educational achievement in basic
skills over at least a twelve-month period in order to determine
whether regular school year programs have sustained effects over
the summer; and
"(3) the evaluation will address the purposes of the programs,
including the requirements of section 130, and the results of the
evaluations will be utilized in planning for and improving
projects and activities carried out under this title in subsequent
years.
"(h) Information Dissemination.--A local educational agency may
receive funds under this title only if effective procedures are in
existence for acquiring and disseminating to teachers and administrators
significant information derived from educational research,
demonstration, and similar projects, and for adopting, where
appropriate, promising educational practices developed through such
projects.
"(i) Teacher and School Board Participation.--A local educational
agency may receive funds under this title only if teachers in schools
participating in programs assisted under this title, and school boards
or comparable authority responsible to the public with jurisdiction over
the schools, have been involved in planning for those programs and will
be involved in the evaluation thereof.
"(j) Parent Participation.--A local educational agency may receive
funds under this title only if parents of children participating in
programs assisted under this title are permitted to participate in the
establishment of such programs and are informed of, and permitted to
make recommendations with respect to, the instructional goals of the
program and the progress of their children in such program, and such
parents are afforded opportunities to assist their children in achieving
such goals.
"(k) Sustaining Gains.--A local educational agency may receive funds
under this title only if, in developing programs to be assisted under
this title, the local educational agency will give due consideration to
the inclusion of components designed to sustain the achievements of
children beyond the school year in which the program is conducted,
through such means as summer programs and intermediate and secondary
level programs.
"(1) Training of Education Aides.--A local educational agency may
receive funds under this title for programs and projects involving
education aides, including volunteers, only if it has in effect
well-developed plans providing for coordinated programs of training in
which education aides, including volunteers, and the professional staff
whom they are assisting will participate together.
"(m) Control of Funds.--A local educational agency may receive funds
under this title only if control of such funds, and title to property
derived therefrom, is in a public agency for the uses and purposes
provided in this title, and only if a public agency will administer such
funds and property.
"(n) Construction.--A local educational agency may use funds received
under this title for projects for construction of school facilities only
if--,
"(1) the project is not inconsistent with overall State plans
for the construction of school facilities and the requirements of
section
433 of the General Education Provisions Act // 20 USC 1232b. //
are complied with on all such projects,
"(2) in developing plans for such facilities due consideration
has been given to compliance with such standards as the Secretary
may prescribe or approve in order to ensure that facilities
constructed with the use of Federal funds under this title are, to
the extent appropriate in view of the uses to be made of the
facilities, accessible to and usable by, handicapped persons, and
"(3) in developing plans for such facilities, due consideration
has been given to excellence of architecture and design, and
inclusion of works of art (not representing more than 1 per centum
of the cost of the project).
"(o) Jointly Operated Programs.--Two or more local educational
agencies may, at their option, enter into an agreement for carrying out
jointly operated programs and projects assisted under this title.
" Sec. 125. // 20 USC 2735. // (a) Establishment of Advisory
Councils.--(1) A local educational agency may receive funds under this
title only if it establishes an advisory council for its entire school
district which--,
"(A) has a majority of members who are parents of children to
be served by projects assisted under this title;
"(B) is composed of members elected by the parents in each
district; and
"(C) includes representatives of children and schools eligible
to be served by, but not currently participating in, programs
assisted with funds provided under this title.
"(2)(A) A local educational agency may receive funds under this title
only if it establishes an advisory council for each project area or
project school, except as provided in subparagraph (B), which--,
"(i) has a majority of members who are parents of children to
be served by programs assisted under this title, and
"(ii) is composed of members elected by the parents in each
project area or project school.
"(B) In the case of any project area or project school in which not
more than one full-time equivalent staff member is paid with funds
provided under this title, and in which not more than forty students
participate in such programs, the requirements of subparagraph (A) shall
be waived.
"(C) In the case of any project area or project school in which 75 or
more students are served by programs assisted by funds provided under
this title, each such project area or project school advisory council,
in addition to meeting the requirements of subparagraph (A), shall--,
"(i) be composed of not less than 8 members, who shall serve
for terms of two years, after which time they may be re-elected;
"(ii) elect officers of the council after it has been fully
constituted; and
"(iii) meet a sufficient number of times per year, according to
a schedule and at locations to be determined by such council.
"(3) Any individual who is a teacher at a school serving a project
area or is a parent of a child residing in an eligible school attendance
area or attending an eligible school shall be eligible to be elected as
a member of the district-wide advisory councils established pursuant to
paragraph (1), but nothing in this sentence shall preclude the
eligibility of other individuals who are residents in that district. No
individual who is a teacher at a project school or a school serving a
project area shall be ineligible to be elected as a member of a
district-wide or project area or school advisory council on the basis of
residency outside such area or district.
"(b) Responsibilities of Advisory Councils.--Each local educational
agency shall give each advisory council which it establishes under
subsection (a) responsibility for advising it in planning for, and
implementation and evaluation of, its programs and projects assisted
under this title.
"(c) Access to Information.--(1) Each local educational agency shall
provide without charge to each member of an advisory council established
by such an agency under subsection (a) of this section--,
"(A) a copy of the text of this title,
"(B) a copy of any Federal regulations and guidelines issued
under such title; and
"(C) a copy of appropriate State regulations and guidelines
associated with this title.
"(2) Each State educational agency shall provide a copy of any report
resulting from State or Federal auditing, monitoring, or evaluation
activities in any district to the parent advisory council established
pursuant to subsection (a)(1) in such district.
"(d) Training Programs.--Each local educational agency application
for funding under this title shall describe a program for training the
members of advisory councils established pursuant to subsection (a) to
carry out their responsibilities as described in subsection (b). Such
training program--,
"(1) shall be planned in full consultation with the members of
such advisory councils;
"(2) shall provide each member of each such council with
appropriate training materials; and
"(3) may permit the use of funds under this title for expenses
associated with such training, including expenses associated with
the attendance of such members at training sessions.
"(e) Workshops on Parental Involvement.--For each fiscal year for
which payments are made to State educational agencies under this title,
the Commissioner shall sponsor workshops in the several regions of the
United States which shall be designed to assist local educational
agencies to work with and provide training to parent advisory councils
established under subsection (a) of this section and to facilitate
parental involvement in the programs conducted under this title. The
workshops shall be planned and conducted in consultation with members of
parent advisory councils in the region served by the workshop.
"(f) Assessment of Parental Involvement and Training.--The National
Institute of Education shall assess the effectiveness of (1) various
forms of parental involvement, including parent advisory councils, on
school governance, student achievement, and other purposes of this
title, and (2) various methods of training the members of parent
advisory councils, and shall report the results of such assessments to
the Congress and the public.
"(g) Authorization of Appropriations.--Ther are authorized to be
appropriated for fiscal year 1979 and for each succeeding fiscal year
ending prior to October 1, 1983, such sums as may be necessary to carry
out the provisions of subsections (e) and (f) of this section.
" Sec. 126. // 20 USC 2736. // (a) Maintenance of Effort.--(1)
Except as provided in paragraph (2), a local educational agency may
receive funds under this title for any fiscal year only if the State
educational agency finds that the combined fiscal effort per student or
the aggregate expenditures (as determined in accordance with regulations
of the Commissioner) of that agency and the State with respect to the
provision of free public education by that agency for the preceding
fiscal year was not less than such combined fiscal effort per student or
the aggregate expenditures for that purpose for the second preceding
fiscal year.
"(2) The Commissioner may waive, for one fiscal year only, the
requirements of this subsection if he determines that such a waiver
would be equitable due to exceptional and unforeseen circumstances such
as a natural disaster or a precipitous and unforeseen decline in the
financial resources of the local educational agency. In any case in
which a waiver under this paragraph is granted, the Commissioner shall
reduce the amount of Federal payment for the program affected for the
current fiscal year in the exact proportion to which the amount expended
(either on an average per pupil or aggregate basis) was less than the
amount required by paragraph (1). No level of funding permitted under
such a waiver may be used as the basis for computing the fiscal effort
required, under paragraph (1), for years subsequent to the year covered
by such waiver. Such fiscal effort shall be computed on the basis of
the level of funding which would, but for such waiver, have been
required.
"(3) The Commissioner shall establish objective criteria of general
applicability to carry out the waiver authority contained in this
subsection.
"(b) Use of Funds Limited to Excess Costs.--Subject to the provisions
of section 131, a local educational agency may use funds received under
this title only for the excess costs of programs and projects referred
to in section 124(a). As used in this subsection, the term 'excess
costs' means 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.
"(c) Federal Funds to Supplement, Not Supplant Regular Non-Federal
Funds.--A local educational agency may use funds received under this
title only so as to supplement and, to the extent practical, increase
the level of funds that would, in the absence of such Federal funds, be
made available from regular non-Federal sources and from non-Federal
sources for State phase-in programs described in section 131(b) for the
education of pupils participating in programs and projects assisted
under this title, and in no case may such funds be so used as to
supplant such funds from such non-Federal sources.
"(d) Federal Funds Required to Supplement, Not Supplant Non-Federal
Funds for Certain Special State and Local Programs.--(1) Subject to
section 132, a local educational agency may use funds received under
this title only so as to supplement and, to the extent practical,
increase the level of funds that would, in the absence of such Federal
funds, be made available from non-Federal sources for each of the
special programs described in subsection (b) of section 131 for the
education of educationally deprived children, in the aggregate, in
eligible school attendance areas or attending eligible schools and in no
case, as to supplant such funds from non-Federal sources.
"(2) It shall not be considered a violation of this subsection for a
local educational agency, in carrying out a special program described in
subsection (b) of section 131, to take into consideration funds made
available under this title, and to coordinate such special programs with
programs using such Federal funds, provided that educationally deprived
children, in the aggregate, in eligible school attendance areas or
attending eligible schools, receive at least the same level of such
special State and local funds that would have been made available to uch
children in the absence of funds under this title.
"(3) For purposes of this subsection, the level of funds that, in the
absence of funds under this title would have been made available to such
children shall be determined by reference to a plan for distributing
such special funds. Such plan shall be based on objective criteria of
need that do not discriminate against educationally deprived children,
in the aggregate in eligible school attendance areas or attending
eligible schools. The objective criteria chosen by the local
educational agency shall prescribe, with particularity, the children as
well as the schools, grade-spans, or school attendance areas eligible
for assistance and the method for selecting the particular children who
will receive assistance under such special State or local program and
the schools or grade-spans which such children attend or the school
attendance areas in which such children reside. The criteria for
selecting children, schools, grade-spans, and school attendance areas
for participation shall be either educational need, a reasonable proxy
for educational need, level of poverty, or a combination of such
factors. Educationally deprived children residing in eligible school
attendance areas or attending eligible schools, satisfying such object
criteria, must receive assistance under either this title or under such
special State or local program before any child who does not satisfy
such criteria receives such assistance.
"(e) Comparability of Services.--Subject to the provisions of section
131, a local educational agency may receive funds under this title only
if State and local funds will be used in the district of such agency to
provide services in project areas which, taken as a whole, are at least
comparable to services being provided in areas in such district which
are not receiving funds under this title. Where, under regulations of
the Commissioner, all school attendance areas in the district of the
agency are designated as project areas, the agency may receive such
funds only if State and local funds are used to provide services which,
taken as a whole, are substantially comparable, in accordance with
regulations of the Commissioner, in each project area. Each local
educational agency shall report on or before July 1 of each year with
respect to its compliance with this subsection, except for local
educational agencies which were not required to report upon the date of
enactment of the Education Amendments of 1978, unless the Commissioner
otherwise provides by regulation.
" Sec. 127. // 20 USC 2737 // (a) Recordkeeping.--Each local
educational agency which receives funds under this title shall keep such
records and afford such access thereto as the State educational agency
shall prescribe, including records which fully disclose the amount and
disposition of such funds, the total cost of programs and projects in
connection with which such funds are used, the amount of the portion of
the cost of the program or project supplied by other sources, and such
other records as will facilitate an effective audit. Whenever a local
educational agency carries on a single compensatory education program
paid for out of funds under this title as well as State or local funds
which meets all of the requirements of this title and whenever, under
section 131, the local educational agency excludes expenditures from
State and local sources in determining compliance with section 126 (b)
and (e), the State educational agency need not require the Federal funds
to be accounted for separately. In any proceeding, State or Federal,
for the recoupment of any such funds which were misspent or misapplied,
the percentage of the funds so misspent or misapplied which shall be
deemed to be Federal funds shall be equal to the percentage of the funds
used, or intended for use, for the program or project which were Federal
funds.
"(b) Reporting.--Each local educational agency which receives funds
under this title shall make an annual report and such other reports to
the State educational agency, in such form and containing such
information (which in the case of reports relating to performance is in
accordance with specific performance criteria related to program
objectives), as may be reasonably necessary to enable the State
educational agency to perform its duties under this title, including
information relating to the educational achievement of students
participating in programs and projects assisted under this title.
"(c) Access to Information.--Each local educational agency which
applies for or receives funds under this title shall make the
application and all pertinent documents related thereto available to
parents, teachers, and other members of the general public.
" Sec. 128. // 20 USC 2738. // Each local educational agency which
receives funds under this title shall develop and implement, in
accordance with criteria prescribed by the Commissioner, written
procedures for the resolution of complaints made to that agency by
parent advisory councils, parents, teachers, or other concerned
organizations or individuals concerning violations of this title, or of
applicable provisions of the General Education Provisions Act in
connection with programs under this title. Such procedures shall--,
"(1) provide specific time limits for investigation and
resolution of complaints, which shall not exceed thirty days
unless a longer period of time is provided by the State
educational agency due to exceptional circumstances in accordance
with regulations established by the Commissioner;
"(2) provide an opportunity for the complainant or the
complainant's representative, or both, to present evidence,
including an opportunity to question parties involved;
"(3) provide the right to appeal the final resolution of the
local educational agency to the State educational agency within
thirty days after receipt of the written decision; and
"(4) provide for the dissemination of information concerning
these procedures to interested parties, including all district and
school parent advisory councils.
" Sec. 129. // 20 USC 2739. // It is the intent of the Congress to
encourage, whenever feasible, the development for each educationall
deprived child participating in a program under this title of an
individualized educational plan (maintained and periodically evaluated),
agreed upon jointly by the local educational agency, the teacher, a
parent or guardian of the child, and, when appropriate, the child.
SCHOOLS
" Sec. 130. // 20 USC 2740. // (a) General Requirements.--To the
extent consistent with the number of educationally 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 sections 122 and 123, and
subsections (a), (b), (d), and (l) of section 124, and subsection (c) of
section 126. Expenditures for educational services and arrangements
pursuant to this section for educationally deprived children in private
schools shall be equal (taking into account the number of children to be
served and the special educational needs of such children) to
expenditures for children enrolled in the public schools of the local
educational agency.
"(b) By-Pass Provision.--(1) If a local educational agency is
prohibited by law from providing for the participation in special
programs for educationally deprived children enrolled in private
elementary and secondary schools as required by subsection (a), the
Commissioner shall waive such requirement, 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 subsection (a) shall be
waived.
"(3)(A) When the Commissioner arranges for services pursuant to this
subsection, he shall, after consultation with the appropriate public and
private school officials, pay to the provider the cost of such services,
including the administrative cost of arranging for such services, from
the appropriate allocation or allocations under this title.
"(B) Pending final resolution of any investigation or complaint that
could result in a determination under this subsection, the Commissioner
may withhold from the allocation of the affected State or local
educational agency the amount he estimates would be necessary to pay the
cost of such services.
"(C) Any determination by the Commissioner under this section shall
continue in effect until the Commissioner determines that there will no
longer be any failure or inability on the part of the local educational
agency to meet the requirements of subsection (a).
"(4)(A) The Commissioner shall not take any final action under this
subsection until the State educational agency and local educational
agency affected by such action have had an opportunity, for at least
forty-five days after receiving written notice thereof, to submit
written objections and to appear before the Commissioner or his designee
to show cause why such action should not be taken.
"(B) If a State or local educational agency is dissatisfied with the
Commissioner's final action after a proceeding 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.
"(D) Upon the filing of a petition under subparagraph (B), 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.
Requirements
PROVISIONS FOR
CERTAIN SPECIAL STATE AND LOCAL PROGRAMS
" Sec. 131. // 20 USC 2751. // (a) In General.--For the purpose of
determining compliance with the requirement of section 126(b) (relating
to use of funds only for excess costs of programs and projects) and of
section 126(e) (relating to comparability of services), a local
educational agency may, at its option, exclude State and local funds
expended for carrying out a special program or a State phase-in program.
"(b) Special Program and State Phase-In Program Defined.--, For
purposes of this section--,
"(1) a special program is limited to--,
the
State educational agency determines is being
implemented by
the local educational agency in accordance with
subsection
(c);
(c), but
which he has determined permits the local educational
agency,
at its option, to use such special State funds in
accordance
with subsection (c), provided that the local educational
agency designs a program which the State educational
agency
determines in advance under subsection (f) meets the
requirements of subsection (c) and which the State
educational
agency determines will be implemented by the local
educational agencies in accordance with subsection (c);
or
under
subsection (f) meets the requirements of subsection (c)
and
which the State educational agency determines is being
implemented
in accordance with subsection (c); and
handicapped
children or children with specific learning
disabilities; and
"(2) a State phase-in program is a program which the
Commissioner has determined in advance under subsection (e) meets
the requirements of subsection (d) and which the State educational
agency determines will be implemented by local educational
agencies in accordance with subsection (d).
"(c) State and Local Compensatory Education Programs Similar to Title
I Programs.--A State or local program meets the requirements of this
subsection if it is similar to programs assisted under this part. The
Commissioner shall consider a State or local program to be similar to
programs assisted under this part if--,
"(1) all children participating in the program are
educationally deprived,
"(2) the program is based on performance objectives related to
educational achievement and is evaluated in a manner consistent
with those performance objectives,
"(3) the program provides supplementary services designed to
meet the special educational needs of the children who are
participating,
"(4) the local educational agency keeps such records and
affords such access thereto as are necessary to assure the
correctness and verification of the requirements of clauses (1),
(2), and (3) of this subsection, and
"(5) the State educational agency monitors performance under
the program to assure that the requirements of clauses (1), (2),
(3), and (4) of this subsection are met.
"(d) Certain State Phase-In Programs.--A State education program
which is being phased into full operation meets the requirements of this
subsection if the Commissioner is satisfied that--,
"(1) the program is authorized and governed specifically by the
provisions of State law;
"(2) the purpose of the program is to provide for the
comprehensive and systematic restructuring of the total
educational environment at the level of the individual school;
"(3) the program is based on objectives, including but not
limited to, performance objectives related to educational
achievement and is evaluated in a manner consistent with those
objectives;
"(4) parents and school staff are involved in comprehensive
planning, implementation, and evaluation of the program;
"(5) the program will benefit all children in a particular
school or grade-span within a school;
"(6) schools participating in a program describe, in a school
level plan, program strategies for meeting the special educational
needs of educationally deprived children;
"(7) the phase-in period of the program is not more than six
school years, except that the phase-in period for a program
commenced prior to the date of enactment of the Education
Amendments of 1978 shall be deemed to begin on the date of
enactment of such Amendments;
"(8) at all times during such phase-in period at least 50 per
centum of the schools participating in the program are the schools
serving project areas which have the greatest number or
concentrations of educationally deprived children or children from
low-income families;
"(9) State funds made available for the phase-in program will
supplement, and not supplant, State and local funds which would,
in the absence of the phase-in program, have been provided for
schools participating in such program;
"(10) the local educational agency is separately accountable,
for purposes of compliance with paragraphs (1) through (6), (8),
and (9) of this subsection, to the State educational agency for
any funds expended for such program; and
"(11) the local educational agencies carrying out the program
are complying with paragraphs (1) through (6), (8), and (9) and
the State educational agency is complying with paragraph (10).
"(e) Advance Determinations by the Commissioner.--The Commissioner
shall make an advance determination of whether or not a State Program
described in subsection (b)(1) (A) or (B) or (b)(2) meets the
requirements of subsection (c) or meets the requirements of subsection
(d). The Commissioner shall require each State educational agency to
submit to him the provisions of State law together with implementing
rules, regulations, orders, guidelines, and interpretations which are
necessary for him to make such an advance determination. The
Commissioner's determination shall be in writing and shall include the
reasons for his determination. Whenever there is any material change in
pertinent State law affecting the program, the State educational agency
shall submit such changes to the Commissioner.
"(f) Advance Determination by the State Educational Agency.--The
State educational agency shall make an advance determination of whether
or not a program described in subsection (b)(1)(C) meets the
requirements of subsection (c). The State educational agency shall
require each local educational agency to submit the provisions of local
law, together with implementing rules, regulations, guidelines, and
interpretations which are necessary to make such an advance
determination. The State educational agency's determination shall be in
writing and shall include the reasons for the determination. Whenever
there is any material change in pertinent local law affecting the
program, the local educational agency shall submit such changes to the
State educational agency.
REQUIREMENT
WHERE CERTAIN SPECIAL PROGRAMS FOR EDUCATIONALLY
DEPRIVED CHILDREN
ARE FULLY FUNDED
" Sec. 132. // 20 USC 2752. // Whenever for a fiscal year--,
"(1) a local educational agency provides special State and
local funds for programs for educationally deprived children which
qualify under clause (A), (B), or (C) of section 131(b)(1) for an
exception from the comparability and excess costs provisions under
such section 131, and
"(2) the amount of such special State and local funds provided
in eligible school attendance areas and for eligible schools when
added to the Federal funds provided for programs under this
subpart equals the amount such agency is eligible to receive for
such fiscal year under section 111(a)(2) (without regard to
adjustments under section 193),
then the local educational agency may, without being considered in
violation of section 126(d), utilize additional State and local funds
for special programs and projects which are solely for educationally
deprived children residing in nonproject areas or attending nonproject
schools, including areas and schools ineligible for assistance under
this title. The exemption in the preceding sentence does not apply to
the extent the level of such special State and local funds, per child
participating in such programs residing in ineligible school attendance
areas or attending ineligible schools, exceeds the amount of funds, per
child participating in programs in project areas, provided to the agency
under this part plus the amount of such special State or local funds
provided for use in such areas.
" Sec. 133. // 20 USC 2753. // (a) Use of Funds for Schoolwide
Projects.--In the case of any school serving an attendance area that is
eligible to receive services under this title and in which not less than
75 per centum of the children are from low-income families (in
accordance with criteria established by the Commissioner), the local
educational agency may carry out a project under this title to upgrade
the entire educational program in that school if the requirements of
subsection (b) are met.
"(b) Designation of Schools.--A school may be designated for a
schoolwide project under subsection (a) if--,
"(1) a plan has been developed for that school by the local
educational agency and has been approved by the State educational
agency providing for--,
special needs of
educationally deprived children, and
special
needs of all students in the school;
"(2) the plan has been developed with the involvement of those
individuals who will be engaged in carrying out the plan,
including parents, teachers, teacher aides, administrators, and
secondary students if the plan relates to a secondary school;
"(3) the plan provides for consultation among those individuals
as to the educational progress of all students;
"(4) the plan has been approved by the advisory council for
that school established under section 125;
"(5) appropriate training is provided to teachers and teacher
aides to enable them effectively to carry out the plan;
"(6) the plan includes procedures for evaluation involving the
participation of the individuals listed in paragraph (2), and
opportunities for periodic improvements in the plan based on the
results of those evaluations;
"(7)(A) in the case of a school district in which there are one
or more schools described in subsection (a) and there are also one
or more other schools serving project areas, the local educational
agency makes the Federal funds provided under this part available
for children in such schools described in subsection (a) in
amounts which per educationally deprived child served, equal or
exceed the amount of such funds made available per educationally
deprived child served in such other schools;
"(B) the local educational agency makes special supplementary
State and local funds available for the children in schools
described in subsection (a) in amounts which, per child served who
is not educationally deprived, equal or exceed the amount of
Federal funds provided under this part which, per educationally
deprived child served, are made available for children in such
schools; and
"(C) the average per pupil expenditure in schools described in
subsection (a) (excluding amounts expended under a State
compensatory education program) for the fiscal year in which the
plan is to be carried out will not be less than such expenditure
in such schools in the previous fiscal year.
"(c) Approval of School; Operation of Project.--(1) The State
educational agency shall approve the plan of any local educational
agency for a schoolwide project if that plan meets the requirements of
subsection (b).
"(2) For any school which has such a plan approved, the local
educational agency--,
"(A) shall, in order to carry out the plan, be relieved of any
requirements under this title with respect to the commingling of
funds provided under this title with funds available for regular
programs;
"(B) shall not be required to identify particular children as
being eligible to participate in programs assisted under this
title; and
"(C) shall not be required to demonstrate that services
provided with funds under this title are supplementary to the
services regularly provided in the school.
" Sec. 134. // 20 USC 2754. // Notwithstanding any provision of
subpart 3 of this part, personnel paid entirely by funds made available
under this title may be assigned to certain limited, rotating,
supervisory duties not related to classroom instruction, the benefits of
which are not limited to participating children under this title. Such
duties may include only those to which similarly situated personnel not
hired with funds made available under the title are assigned at the same
school site, and for which such similarly situated personnel are paid,
and may not exceed the same proportion of total time as similarly
situated personnel at the same school site, or 10 per centum of the
total time, whichever is less.
" Sec. 141. // 20 USC 2761. // (a) Entitlement.--A State educational
agency or a combination of such agencies shall, upon application, be
entitled to receive a grant for any fiscal year under this part to
establish or improve, either directly or through local educational
agencies, programs of education for migratory children of migratory
agricultural workers or of migratory fishermen which meet the
requirements of section 142.
"(b) Amount of Grant.--(1) Except as provided in sections 156 and
157, the total grants which shall be made available for use in any State
(other than Puerto Rico) for this subpart shall be an amount equal to 40
per centum of the average per pupil expenditure in the State (or (A) 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 (B) 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 (i) the
estimated number of such migratory children aged five to seventeen,
inclusive, who reside in the State full time, and (ii) 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 section 142, 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. In determining the full-time equivalent
number of migratory children who are in a State during the summer
months, the Commissioner shall adjust the number so determined to take
into account the special needs of those children for summer programs and
the additional costs of operating such programs during the summer. 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.
"(2) For each fiscal year, the Commissioner shall determine the
percentage which the average per pupil expenditure in Puerto Rico is of
the lowest average per pupil expenditure of any of the fifty States.
The grant which Puerto Rico shall be eligible to receive under this
section for a fiscal year shall be the amount arrived at by multiplying
the number of such migrant children in Puerto Rico by the product of--,
"(A) the percentage determined under the preceding sentence,
and
"(B) 32 per centum of the average per pupil expenditure in the
United States.
" Sec. 142. // 20 USC 2762. // (a) Requirements for Approval of
Application.--The Commissioner may approve an application submitted
under section 141(a) only upon his determination--,
"(1) 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
such 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;
"(2) that in planning and carrying out programs and projects
there has been and will be appropriate coordination with programs
administered under part B of title III of the Economic Opportunity
Act of 1964
// 42 USC 2841. //
and under section 303 of the Comprehensive Employment and Training
Act;
"(3) that such programs and projects will be administered and
carried out in a manner consistent with the basic objectives of
subpart 3 of part A, other than sections 122, 123, 126(d), and 130
thereof;
"(4) that, in planning and carrying out programs and projects
at both the State and local educational agency level, there has
been and will be appropriate consultation with parent advisory
councils established in accordance with regulations of the
Commissioner (consistent with the requirements of section 125(
a)); and
"(5) that, in planning and carrying out programs and projects,
there has been adequate assurance that provision will be made for
the preschool education needs of migratory children of migratory
agricultural workers or of migratory fishermen, whenever such
agency determines that compliance with this paragraph will not
detract from the operation of programs and projects described in
paragraph (1) of this subsection after considering funds available
for this purpose.
"(b) Continuation of Migrant Status.--For purposes of this subpart,
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 section. 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.
"(c) By-Pass Provision.--If the Commissioner determines that a State
is unable or unwilling to conduct educational programs for migratory
children of migratory agricultural workers or of 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.
" Sec. 143. // 20 USC 2763. // (a) Activities Authorized.--The
Commissioner is authorized to make grants to, or enter into contracts
with, State educational agencies to operate a system for the transfer
among State and local educational agencies of migrant student records
and to carry out other activities, in consultation with the States, to
improve the interstate and intrastate coordination among State and local
educational agencies of the educational programs available for migratory
students.
"(b) Authorization of Appropriations.--There are authorized to be
appropriated for this section not more than 5 per centum of the total
amount paid for the preceding fiscal year to State educational agencies
under section 141.
" Sec. 146. // 20 USC 2771 // (a) Eligibility for Grant.--A State
agency which is directly responsible for providing free public education
for handicapped children (as that term is defined in section 602(1) of
the Education of the Handicapped Act), shall be eligible to receive a
grant under this subpart for any fiscal year.
"(b) Amount of Grant.--(1) Except as provided in section 156 and 157,
the grant which a State agency referred to in subsection (a) (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 (A) 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 (B) 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 handicapped 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.
"(2) For each fiscal year, the Commissioner shall determine the
percentage which the average per pupil expenditure in Puerto Rico is of
the lowest average per pupil expenditure of any of the fifty States.
The grant which Puerto Rico shall be eligible to receive under this
subpart for a fiscal year shall be the amount arrived at by multiplying
the number of such handicapped children in Puerto Rico by the product
of--,
"(A) the percentage determined under the preceding sentence,
and
"(B) 32 per centum of the average per pupil expenditure in the
United States.
"(c) Counting of Children Transferring From State to Local
Programs.--In the case where a child described in subsection (a) 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 section 147.
" Sec. 147. // 20 USC 2772. // A State shall use the payments made
under this subpart 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 handicapped children. Such programs and projects shall be
administered and carried out in a manner consistent with subpart 3 of
part A, other than sections 122, 123, 125, 126(d), 126(e), and 130
thereof. The State agency shall provide assurances to the Commissioner
that each such child in average daily attendance counted under
subsection (b) of section 146 will be provided with such a program,
commensurate with his special needs, during any fiscal year for which
such payments are made.
Children
" Sec. 151. // 20 USC 2781. // (a) Entitlement to Grants.--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 subpart for any fiscal year (but only if grants received
under this subpart are used only for children in such institutions).
"(b) Amount of Grant.--(1) Except as provided in sections 156 and
157, 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 (A) 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 (B) 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
neglected or delinquent 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.
"(2) For each fiscal year, the Commissioner shall determine the
percentage which the average per pupil expenditure in Puerto Rico is of
the lowest average per pupil expenditure of any of the fifty States.
The grant which Puerto Rico shall be eligible to receive under this
subpart for a fiscal year shall be the amount arrived at by multiplying
the number of such neglected or delinquent children in Puerto Rico by
the product of--,
"(A) the percentage determined under the preceding sentence,
and
"(B) 32 per centum of the average per pupil expenditure in the
United States.
" Sec. 152. // 20 USC 2782. // (a) Use of Payments.--A State agency
shall use payments under this subpart 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 children in institutions for neglected or
delinquent children or in adult correctional institutions. Such
programs and projects shall be designed to support educational services
supplemental to the basic education of such children which must be
provided by the State, and such programs and projects shall be
administered and carried out in a manner consistent with subpart 3 of
part A, other than sections 122, 123, 125, 126(d), 126(e), and 130
thereof.
"(b) Three-Year Projects.--Where a State agency operates programs
under this title in which children are likely to participate for more
than one year, the State educational agency may approve the application
for a grant under this subpart for a period of more than one year, but
not to exceed three years.
" Sec. 153. // 20 USC 2783. // (a) Grants Authorized.--The
Commissioner is authorized to make grants to State and local educational
agencies to support projects to facilitate the transition of children
from State operated institutions for neglected and delinquent children
into locally operated programs. Grants under this section shall be used
to provide special educational services for such children in schools
other than State operated institutions.
"(b) Appropriations Authorized.--There are authorized to be
appropriated for the purposes of this section for any fiscal year, not
to exceed 5 per centum of the amount State agencies are entitled to
receive under section 151 for that year.
Programs
" Sec. 156. // 20 USC 2791. // There is authorized to be
appropriated for each fiscal year for purposes of each of subparts 1,2,
and 3 of this part, an amount equal to not more than 1 per centum of the
amount appropriated for such year for such subparts, for payments to
Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands,
and the Trust Territory of the Pacific Islands under each such subpart.
The amounts appropriated for each such subpart shall be allotted among
Guam, American Samoa, the Virgin Islands, the Northern Mariana 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.
" Sec. 157. // 20 USC 2792. // No State shall receive in any fiscal
year prior to October 1, 1983, pursuant to subpart 1,2 or 3 of this part
an amount which is less than 85 per centum of the amount which that
State received in the prior fiscal year pursuant to the comparable
sections of this title as in effect immediately preceding the enactment
of the Education Amendments of 1978 or the comparable subpart of this
part, whichever was in effect for such prior fiscal year, and, for any
fiscal year ending prior to October 1, 1982, no State shall receive,
pursuant to subpart 1 of this part, an amount which is less than 100 per
centum of the amount that State received in the prior fiscal year
pursuant to the comparable section of this title as in effect
immediately prior to the enactment of the Education Amendments of 1978
or under subpart 1 of this part, whichever was in effect for such prior
fiscal year.
Projects
" Sec. 161. // 20 USC 2801. // The provisions of this part (other
than section 162 and subpart 3) shall apply in any fiscal year in which
the provisions of section 510(b)(2) of this Act are not met.
" Sec. 162. // 20 USC 2802. // (a) Submission of State
Applications.--Any State desiring to participate under this title
(except with respect to the program provided for in subpart 1 of part B
relating to migratory children) shall have on file with the Commissioner
an application submitted by its State educational agency.
"(b) Contents of State Applications.--Each application required by
subsection (a) shall contain (1) satisfactory assurances that the State
educational agency will comply with the requirements of this part, and
(2) such information as the Commissioner may consider necessary for him
to make the findings required by section 182.
Agencies
" Sec. 164. // 20 USC 2811. // (a) Requirements for Approval.--(1) A
State educational agency shall approve an application of a local
educational agency or a State agency under this title if (A) such State
educational agency is satisfied, after considering the factors specified
in paragraph (2), that such applicant agency will use the funds received
under the application in a manner which meets the requirements of this
title, the General Education Provisions Act, // 20 USC 1221. // and the
rules, regulations, procedures, guidelines, criteria, or other
requirements adopted by such agency which pertain to programs and
projects assisted under this title, and (B) such applicant agency is not
out of compliance with a determination of the State educational agency
or the Commissioner that it repay funds paid it under this title which
were misused, and is not out of compliance with a compliance agreement
under section 169(c).
"(2) A state educational agency may approve an application under
paragraph (1), only after it has considered, where pertinent, (A) the
results of Federal and State audits, (B) the results of Federal and
State monitoring reports, (C) administrative complaints made by parents
or other individuals concerning the applicant agency's compliance with
this title, and (D) evaluations conducted under section 124(g).
(b) Payments.--Except as provided in section 194, a State educational
agency may make payments from funds received under this title only for
programs and projects which it has approved under subsection (a).
"(c) Opportunity for Hearing.--A State educational agency shall not
finally disapprove in whole or in part any application for funds under
part A or under subpart 2 or subpart 3 of part B without first affording
the local educational agency or other applicant submitting the
application reasonable notice and opportunity for a hearing.
" Sec. 165. // 20 USC 2812. // Nothing in this title shall be deemed
to prohibit a State educational agency from adopting rules, regulations,
procedures, guidelines, criteria, or other requirements applicable to
programs and projects assisted under this title if they do not conflict
with the provisions of this title, with regulations promulgated by the
Commissioner implementing this title, or with other applicable Federal
law. The Commissioner shall encourage a State educational agency, in
adopting such rules, regulations, procedures, guidelines, criteria, or
other requirements to recognize the special and unique needs and
circumstances of the State and of each local educational agency in the
State.
INFORMATION
" Sec. 166. // 20 USC 2813. // Each State educational agency shall
carry on a comprehensive program to provide technical assistance to
local educational agencies and State agencies with respect to the use of
funds received under this title. Such a program shall include technical
assistance for management procedures, for planning, development,
implementation, and evaluation of programs, and for preparation of
applications, as well as other forms of technical assistance needed by
local educational agencies and State agencies. Each State educational
agency shall also adopt effective procedures for disseminating to local
educational agencies and State agencies (1) significant and relevant
information derived from educational research, (2) information about
successful compensatory education projects, (3) information about other
Federal and State funded programs which may provide needed health,
social, and nutrition services to eligible participating children under
this title, and (4) such other information as will assist local
educational agencies and State agencies in planning, developing,
implementing, and evaluating programs assisted under this title.
" Sec. 167. // 20 USC 2814. // Each State educational agency shall
adopt standards, consistent with minimum standards established by the
Commissioner and with the State monitoring and enforcement plan
submitted under section 171, for monitoring the effectiveness of
programs and projects assisted under this title. such standards shall
(1) describe the purpose and scope of monitoring; (2) specify the
frequency of onsite visits; (3) describe the procedures for issuing and
responding to monitoring reports, including but not limited to, the
period of time in which the State educational agency must issue its
report, the period of time in which the applicant agency must respond,
and the appropriate followup by the State educational agency; (4)
specify the methods for making monitoring reports available to parents,
State and local auditors, and other persons, and (5) specify the methods
for insuring that non-compliant practices are corrected.
" Sec. 168. // 20 USC 2815. // Each State educational agency shall
adopt written procedures for receiving complaints, or reviewing appeals
from decisions of local educational agencies with respect to complaints,
concerning violations of this title or applicable provisions of the
General Education Provisions Act // 20 USC 1221. // in connection with
programs assisted under this title, and for conducting onsite
investigations of such complaints which the State educational agency
deems necessary. Such procedures shall include--,
"(1) specific time limits for resolving the complaint or
completing the review and, if necessary, the independent onsite
investigation, which shall not exceed sixty days unless
exceptional circumstances exist;
"(2) an opportunity for the complainant or the complainant's
representative, or both, and the local educational agency involved
to present evidence, including the opportunity to question parties
to the dispute and any of their witnesses;
"(3) the right to appeal the final resolution of the State
educational agency to the Commissioner within thirty days after
receipt of the written decision; and
"(4) dissemination, free of charge, of information concerning
these procedures to interested parties, including all district and
school advisory councils.
" Sec. 169. // 20 USC 2816. // (a) Withholding.--Whenever a State
educational agency, after reasonable notice and opportunity for a
hearing (consistent with the requirements of section 434(b) of the
General Education Provisions Act) to any local educational agency or
State agency, before an impartial decisionmaker, finds that there has
been a failure to comply substantially with any provision of subpart 3
of part A or subpart 2 or 3 of part B, the State educational agency
shall notify such agency that further payments, in whole or in part,
will not be made to it under this title until it is satisfied that there
is no longer any such failure to comply. Until it is so satisfied, no
further payments shall be made to such agency under this title, except
as may be provided in a compliance agreement entered into under
subsection (c). Pending the outcome of any proceeding under this
subsection, the State educational agency may suspend, in whole or in
part, payments to such agency, after such agency has been given
reasonable notice and opportunity to show cause why such action should
not be taken.
"(b) Notice to Public of State Withholding.--Upon submission to a
local educational agency or a State agency of a notice that the State
educational agency pursuant to subsection (a) is withholding payment,
the State educational agency shall inform the district advisory council
(if any) and shall take such additional action as may be necessary to
bring the State action to the attention of the public.
"(c) Compliance Agreements.--A State educational agency may suspend
the initiation or continuation of its withholding action under
subsection (a) while there is in effect a compliance agreement with the
local educational agency or State agency under this subsection. Such an
agreement shall be deemed to be in effect for the period specified
therein, except that if the local educational agency or State agency
fails to comply with the terms agreed to, such agreement shall no longer
be in effect and subsection (a) shall be fully operative. In
implementing such subsection, the State educational agency shall take
into account any partial compliance by such agency under such agreement.
For purposes of this subsection, the term 'compliance agreement' means
an agreement which--,
"(1) sets forth the terms and conditions to which the local
educational agency or State agency has agreed in order to comply
with the requirements of this title or the General Education
Provisions Act
// 20 USC 1221. //
and regulations promulgated thereunder, and with the applicable
rules, regulations, procedures, guidelines, criteria or other
requirements adopted by the State educational agency;
"(2) addresses all the matters that formed the basis for the
initiation of the withholding action by the State educational
agency; and
"(3) may consist of a series of agreements that in the
aggregate dispose of all such matters.
Within fifteen days after the execution of any compliance agreement, the
State educational agency shall send a copy thereof to the district
advisory council affected, and to each organization or person who filed
a complaint with respect to any failure to comply which is covered by
that agreement.
"(d) Review by the Commissioner.--A local educational agency or State
agency may, in accordance with section 425(a) of the General Education
Provisions Act, // 20 USC 1231b-2. // appeal a final determination of
the State educational agency under subsection (a) to the Commissioner.
" Sec. 170. // 20 USC 2817. // (a) Auditing.--Each State shall make
provision for audits of the expenditure of funds received under this
title to determine, at a minimum, the fiscal integrity of grant or
subgrant financial transactions and reports, and the compliance with
applicable statutes, regulations, and terms and conditions of the grant
or subgrant. Such audits shall be made with reasonable frequency
considering the nature, size, and complexity of the activity.
"(b) Audit Resolution.--Each State educational agency shall have in
effect written procedures meeting minimum standards established by the
Commissioner, to assure timely and appropriate resolutions of audit
findings and recommendations arising out of audits provided for in
subsection (a). Such procedures shall include a description of the
audit resolution process, timetables for each step of the process, and
an audit appeals process. Whenever under such procedures, the audit
resolution process requires the repayment of Federal funds which were
misspent or misapplied, such repayment may be made in either a single
payment or in installments over a period not to exceed three years.
"(c) Requirement for Repayment.--A local educational agency or State
agency shall repay from non-Federal sources or from Federal funds, no
accountability for which is required to the Federal Government, the
amount of funds under this title which have been finally determined
through the audit resolution process to have been misspent or
misapplied.
"(d) Review by the Commissioner.--A local educational agency or State
agency may, in accordance with section 425(a) of the General Education
Provisions Act, // 20 USC 1231b-2. // appeal a final determination of
the State educational agency under subsection (b) to the Commissioner.
"(e) Failure To Repay.--If, following an affirmation by the
Commissioner of a final determination of a State educational agency
under subsection (b) or failure by a local educational agency or State
agency to seek timely review by the Commissioner, such local educational
agency or State agency refuses to repay from non-Federal sources, or
from Federal funds no accountability for which is required to the
Federal Government, funds which have been misspent or misapplied under
this title, the State educational agency shall promptly notify the
Commissioner and the Commissioner shall promptly initiate collection
action.
Agencies to
Commissioner
" Sec. 171. // 20 USC 2821. // (a) State Plan.--Each State
educational agency participating in programs under this title shall
submit, at such times (at least once every three years) and in such
detail as the Commissioner shall prescribe, a State monitoring and
enforceemnt plan. Such plan shall set forth--,
"(1) a program of regular visits by State educational agency
personnel to projects assisted under this title;
"(2) the matters to be reviewed during such visits;
"(3) procedures for verifying information provided by local
educational agencies and State agencies, including the use of
other information available to the State to cross-check that
information;
"(4) procedures for regular audits of local educational agency
and State agency expenditures under this title, and procedures for
the recovery of any expenditure determined not to be allowable
under this title;
"(5) procedures for resolving each complaint received by the
State relating to programs assisted under this title, including
complaints refered to the State by the Commissioner and complaints
by representatives of children enrolled in private schools that
those children are not receiving the services to which they are
entitled under this title; and
"(6) a description of the means by which the State educational
agency has determined, and will continue to determine, the
compliance by local educational agencies with the requirements of
section 130 relating to the equitable provision of services to
children enrolled in private schools.
"(b) Report.--Each plan submitted by a State educational agency under
this section shall include a report, in such form as the Commissioner
shall prescribe, of the activities undertaken by the State in the years
since the previous plan was filed to carry out its monitoring and
enforcement efforts under this title.
" Sec. 172. // 20 USC 2822. // Each State educational agency shall
make to the Commissioner (1) periodic reports (including the results of
objective measurements required by section 124(g) and of research and
replication studies) evaluating the effectiveness of payments under this
title and of particular programs assisted under it in improving the
educational attainment of educationally deprived children, and (2) such
other reports as may be reasonably necessary to enable the Commissioner
to perform his duties under this title (including such reports as he may
require to determine the amounts which the local educational agencies of
that State are eligible to receive for any fiscal year).
" Sec. 173. // 20 USC 2823 // Each State educational agency which
receives funds under this title shall use fiscal control and fund
accounting procedures that will ensure proper disbursement of, and
accounting for, funds made available under this title, and keep such
records, and afford access thereto, as the Commissioner shall prescribe,
including records which fully disclose the amount and disposition by
such agency of such funds, the total cost of programs and projects in
connection with which such funds are used, the amount of that portion of
the cost of the program and project supplied by other sources, and such
other records as will facilitate an effective audit.
DETERMINING
STATE AID
" Sec. 174. // 20 USC 2824. // No State shall take into
consideration payments under this title in determining the eligibility
of any local educational agency in that State for State aid, or the
amount of State aid, with respect to free public education of children.
Projects
" Sec. 181. // 20 USC 2831. // In addition to other requirements
contained in this part, the requirements of the General Education
Provision Act which relate to Federal administration of elementary and
secondary education programs shall apply to programs carried out under
this title.
" Sec. 182. // 20 USC 2832. // (a) Requirement for Approval.--The
Commissioner shall not approve an application under section 162 until he
has made specific findings, in writing, that (1) the application and the
State monitoring and enforcement plan required under section 171 comply
with this title, and (2) that he is satisfied that the assurances in
such application and the assurances contained in its general application
under section 435 of the General Education Provisions Act (where
applicable) will be carried out.
"(b) Hearings.--The Commissioner shall, in accordance with the
procedures set forth in section 453 of the General Education Provisions
Act, not finally disapprove an application under section 142 or section
162 except after notice and opportunity for a hearing to the State
educational agency.
" Sec. 183. // 20 USC 2833 // (a) Independent Evaluations.--The
Commissioner shall provide for independent 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 and projects.
"(b) Evaluation Standards and Schedule.--The Commissioner shall (1)
develop and publish standards for evaluation of program or project
effectiveness in achieving the objectives of this title, and (2)
develop, in consultation with State educational agencies and
representatives of local educational agencies, a schedule for conducting
evaluations under section 124(g) designed to ensure that evaluations are
conducted in representative samples of the local educational agencies in
any State each year. Such standards will be developed only after
widespread consultation and hearings with practicing State and local
agency evaluators, and the Commissioner's standards will reflect the
input of these groups.
"(c) Jointly Sponsored Studies.--The Commissioner shall consult with
State and local educational agencies in order to provide for jointly
sponsored objective evaluation studies of programs and projects assisted
under this title within a State.
"(d) Evaluation Models.--The Commissioner shall provide to State
educational agencies, models for evaluations of all programs conducted
under this title, for their use in carrying out their functions under
section 172, which shall include uniform procedures and criteria to be
utilized by local educational agencies and State agencies as well as by
the State educational agency in the evaluation of such programs. In
developing evaluation design models the Commissioner shall consult with
State and local evaluators experienced in conducting such evaluations.
"(e) Technical Assistance.--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 and State
agencies in the development and application of a systematic evaluation
of programs in accordance with the models developed by the Commissioner.
"(f) Specification of Objective Criteria.--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.
"(g) Report to Congress.--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 no later than February 1, 1980, 1982, and 1984 concerning
the results of 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 other related findings and evaluations and
his recommendations with respect to legislation.
"(h) Information Dissemination.--The Commissioner shall also develop
a system for the gathering and dissemination of the 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 agencies 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.
"(i) Maximum Expenditures.--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 programs. In carrying out the provisions of this
section, the Commissioner shall place priority on assisting States,
local educational agencies, and State agencies to conduct evaluations
and shall, only as funds are available after fulfilling that purpose,
seek to conduct any national evaluations of the program.
" Sec. 184. // 20 USC 2834. // The Commissioner shall develop and
implement written procedures for receiving and resolving appeals from
final resolutions of State educational agencies with respect to
complaints concerning violations of this title or of applicable
provisions of the General Education Provisions Act // 20 USC 1221. //
in connection with programs under this title, for receiving such
complaints directly from parent advisory councils, parents, teachers, or
other concerned organizations or individuals, and for conducting
independent onsite investigations of complaints if the Commissioner
deems necessary. Such procedures shall include--,
"(1) specific time limits for resolving the complaint or for
completing the review and any necessary independent investigation,
which shall not exceed sixty days unless exceptional circumstances
exist;
"(2) an opportunity for the complainant, the complainant's
representative, the local educational agency and the State
educational agency to present evidence;
"(3) a requirement that the complainant, the complainant's
representative, the local educational agency, the State
educational agency, State agency, the district parent advisory
council, and appropriate school-parent advisory councils shall be
notified, in writing, within ten days after the resolution of the
appeal of the nature of the resolution, the reasons therefor, and
the right to an administrative appeal; and
"(4) dissemination of information concerning the procedures.
" Sec. 185. // 20 USC 2835. // (a) Auditing.--The Inspector General
of the Department of Health, Education, and Welfare shall make provision
for audits of grants made under this title to determine, at a minimum,
the fiscal integrity of grant or subgrant financial transactions and
reports, and the compliance with applicable statutes, regulations, and
terms and conditions of the grant or subgrant.
"(b) Audit Resolution and Repayment.--The Commissioner shall adopt
procedures to assure timely and appropriate resolution of audit findings
and recommendations arising out of audits provided for in subsection
(a). Such procedures shall include timetables for each step of the
audit resolution process and an audit appeals process. Where, under
such procedures, the audit resolution process requires the repayment of
Federal funds which were misspent or misapplied, the Commissioner shall
require the repayment of the amount of funds under this title which have
been finally determined through the audit resolution process to have
been misspent or misapplied. Such repayment may be made from funds
derived from non-Federal sources or from Federal funds no accountability
for which is required to the Federal Government. Such repayments may be
made in either a single payment or in installment payments over a period
not to exceed three years.
" Sec. 186. // 20 USC 2836. // (a) Withholding.--Whenever the
Commissioner, after reasonable notice to any State educational agency
and an opportunity for a hearing on the record, finds that there has
been a failure to comply substantially with any assurance set forth in
the application of that State approved under section 142 or 162, the
Commissioner shall notify the agency that further payments will not be
made to the State under this title (or, in his discretion, that the
State educational agency shall reduce or terminate further payments
under this title to specified local educational agencies or State
agencies affected by the failure) until he is satisfied that there is no
longer any such failure to comply. Until he is so satisfied, (1) no
further payments shall be made to the State under this title, or (2)
payments by the State educational agency under this title shall be
limited to local educational agencies and State agencies not affected by
the failure, or (3) payments to particular local educational agencies or
State agencies shall be reduced, as the case may be. Where partial
payments to a local educational agency are continued under this
subsection, the expenditure of the payments shall be subject to such
conditions as the Commissioner deems appropriate in light of the failure
which led to the partial withholding. In the case of a substantial and
continuing violation, the Commissioner may suspend payments to such
agency, after such agency has been given reasonable notice and
opportunity to show cause why such action should not be taken.
"(b) Notice to Public of Commissioner Withholding.--Upon submission
to a State of a notice under subsection (a) that the Commissioner is
withholding payments, the Commissioner shall take such action as may be
necessary to bring his action to the attention of the public within the
State.
"(c) Compliance Agreement.--(1) The Commissioner may suspend the
initiation or continuation of his withholding action under subsection
(a) during any period there is in effect a compliance agreement with the
State educational agency under this subsection. Such an agreement shall
be deemed to be in effect for the period specified therein, except that
if the State educational agency fails to comply with the terms agreed
to, such an agreement shall no longer be in effect and subsection (a)
shall be fully operative. In implementing such subsection, the
Commissioner shall take into account any partial compliance by such
agency under such agreement.
"(2) For the purpose of this subsection, the term 'compliance
agreement, means an agreement which--,
"(A) sets forth the terms and conditions to which the State or
local educational agency or State agency has agreed in order to
comply with the requirements of this title or the General
Education Provisions Act and regulations promulgated thereunder;
"(B) addresses all the matters that formed the basis for the
initiation of the withholding action by the Commissioner; and
"(C) may consist of a series of agreements that in the
aggregate dispose of all such matters.
"(3) In any case in which a State educational agency desires to enter
into a compliance agreement, but alleges that full compliance with the
requirements of this title is genuinely not feasible until a further
date, the Commissioner shall hold a hearing at which that agency shall
have the burden of demonstrating that immediate compliance is not
feasible. The Commissioner shall provide an opportunity for parents,
their representatives, and other interested parties to participate in
that hearing. If the Commissioner determines, on the basis of all the
evidence presented to him, that immediate compliance is genuinely not
feasible, he shall make written findings to that effect before entering
into such a compliance agreement with that State educational agency. A
compliance agreement under this subsection shall not be exempt from
disclosure under any provision of section 552 of title 5, United States
Code. Within fifteen days after the execution of any compliance
agreement under this subsection, the Commissioner shall send a copy
thereof to each organization or person who filed a complaint with
respect to any failure to comply which is covered by that agreement.
" Sec. 187. // 20 USC 2837. // (a) Scope and Purpose.--The
Commissioner shall, not later than six months after the publication of
final regulations with respect to the amendments to this title made by
the Education Amendments of 1978, prepare and distribute to State
educational agencies, State agencies operating programs for neglected
and delinquent and handicapped children, local educational agencies, and
district-wide advisory councils, and shall make available to other
interested individuals, organizations, and agencies, a policy manual for
this title to--,
"(1) assist such agencies in (A) preparing applications for
program funds under this title, (B) meeting the applicable program
requirements under this title, and (C) enhancing the quality,
increasing the depth, or broadening the scope of activities for
programs under this title;
"(2) assist State educational agencies in achieving proper and
efficient administration of programs funded under this title;
"(3) assist advisory councils established under section 125(a)
in advising the local educational agencies in the planning for,
and implementation and evaluation of, programs and projects under
this title; and
"(4) insure that officers and employees of the Department of
Health, Education, and Welfare, including, but not limited to,
officers and employees of the Commissioner and officers and
employees of such Department charged with auditing programs
carried on under this title, uniformly interpret, apply, and
enforce requirements under this title throughout the United
States.
"(b) Contents of Policy Manual.--The policy manual shall, with
respect to programs carried on under this title, contain descriptions,
statements, procedural and substantive rules, opinions, policy
statements and interpretations and indices to and amendments of the
foregoing, and in particular, whether or not such items are required
under section 552 of title 5, United States Code to be published or made
available, the manual shall include (but not be limited to)--,
"(1) a statement of the requirements applicable to the programs
carried on under this title including such requirements contained
in this title, the General Education Provisions Act,
// 20 USC 1221. //
other applicable statutes, and regulations issued under the
authority of such statutes;
"(2) an explanation of the purpose of each requirement,
including appropriate references to legislative history;
"(3) an explanation of the interrelationships between the
applicable requirements;
"(4) a statement of the procedures to be followed by the
Commissioner and the Secretary with respect to proper and
efficient performance of their administrative responsibilities,
including but not limited to (A) approving State applications or
State plans, (B) distributing grants to appropriate agencies, (C)
resolving problems discovered during monitoring visits, (D)
resolving financial exceptions disclosed during audits, (E)
collecting outstanding claims arising out of activities under this
title, (F) resolving complaints, (G) responding to requests for
advisory opinions interpreting and applying standards contained in
applicable statutes and regulations to the public, (H) identifying
and publicizing exemplary programs, and (I) making public audit
determinations of the Commissioner or of any officer or panel
authorized by the Commissioner to make such determinations;
"(5) summaries of (A) advisory opinions referred to in
paragraph (4)(G) of this section and (B) final audit
determinations referred to in paragraph (4)(I), including examples
of actual applications of the legal requirements of applicable
statutes and regulations;
"(6) model forms and instructions developed by the Commissioner
for use by State and local educational agencies, at their
discretion, including, but not limited to, application forms,
application review checklists, and instruments for monitoring
programs operated by applicant agencies;
"(7) summaries of appropriate court decisions concerning
programs under this title;
"(8) examples of methods of distributing State and local funds
which do and do not satisfy the applicable requirements under this
title; and
"(9) model forms, policies, and procedures developed by State
educational agencies.
" Sec. 188. // 20 USC 2838. // The Commissioner shall, in
conjunction with the report required by section 183(g), submit to the
Congress a report concerning the enforcement of this title. The report
submitted in 1980, 1982, and 1984 shall contain--,
"(1) an analysis, for each State which has an application
approved for that year under section 182, of the extent to which
the assurances, policies, and procedures of that State submitted
as part of that application satisfy the requirements of this
title,
"(2) a description for each such State of the manner in which
monitoring reports of the Commissioner were taken into
consideration in the approval of such applications,
"(3) a description, with respect to appropriate States, of the
manner in which unresolved audit and program monitoring findings
were taken into consideration in the approval of such
applications,
"(4) a description for each such State of the manner in which
the annual evaluation report of that State was taken into
consideration in the approval of such applications,
"(5) a summary of the findings of the Commissioner's on-site
monitoring visits, of the actions taken by State educational
agencies to correct problems identified in each report based on
such visits, and of the number, type, and location of problems
which have been so identified but which have not been corrected as
of the date of the submission of the annual enforcement report
under this section,
"(6) with respect to audits conducted under this title, (A) the
number and type of audits conducted in the year preceding the date
of submission of the report, (B) the identity of each State or
local educational agency audited during that year, (C) the
resolution status of each outstanding audit, including the dates
on which each step of the resolution process with respect to such
outstanding audit was completed, the schedule for completion of
such process, the amount of the financial exceptions noted in
final audit reports and in letters of final determination, and an
explanation of any differences in such amounts as noted in draft
audit reports, final audit reports, and letters of final
determination, (D) the number and identity of any States which did
not appeal to the audit hearing board for this title with respect
to audits conducted during that year and the status of recoupment
activities for each such State, (E) the number and identity of
States which appealed to such board during that year and the
status of each active appeal, (F) the number and identity of
States which have completed such appeals during that year and the
status of recoupment activities with respect thereto, (G) the
number and type of any cases referred to the Attorney General
during that year for collection of misspent funds, (H) the amount
of any funds recovered during that year as a result of such audit
resolution process, (I) an analysis of the type of violations
identified in final audit reports, letters of final determination,
and final decisions of the audit hearing board for this title and
of the Commissioner on appeal from the decisions of such board,
(J) a summary of audit followup actions conducted during that year
for the purpose of determining that deficiencies which led to
financial audit exceptions or audit findings of procedural
noncompliance have been corrected, (K) a description of audits
planned for the year succeeding the date of the submission of the
report, and (L) recommendations for improvement of the audit
resolution process, and
"(7) with respect to complaints made to the Commissioner
concerning programs under this title during the year preceding the
date of submission of the report under this section, the number
and type of complaints, the identity of the State and local
educational agencies, the action taken by the Commissioner to
resolve the complaints, and the number and type of complaints
which remain unresolved as of the date of such submission.
" Sec. 191. // 20 USC 2841. // The Commissioner shall, from time to
time pay to each State, in advance or otherwise, the amount which it and
the local educational agencies of that State are eligible to receive
under this title. Such payments shall take into account the extent (if
any) to which any previous payment to such State educational agency
under this title (whether or not in the same fiscal year) was greater or
less than the amount which should have been paid to it.
" Sec. 192. // 20 USC 2842. // From the funds paid to it pursuant to
section 191 each State educational agency shall distribute to each local
educational agency of the State which is eligible to receive a grant
under this title and which has submitted an application approved
pursuant to section 121 the amount for which such application has been
approved, except that the amount shall not exceed the amount determined
for that agency under this title.
" Sec. 193. // 20 USC 2843. // (a) Adjustment Allocation.--If the
sums appropriated for any fiscal year for making the payments provided
in this title other than amounts appropriated for subpart 2 of part A
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 agency
eligible for a grant under subpart 1,2, or 3 of part B shall be equal to
the total amount of the grant as computed under each such subpart. 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 under
subpart 1 of part A of this title for such year, the allocations to such
agencies 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 appropriated. 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 subpart 1 of part A for the preceding fiscal year, shall be
increased to 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.
"(b) Additional Funds Allocation.--In case additional funds become
available for making payments under this title for that year,
allocations that were reduced pursuant to subsection (a) shall be
increased on the same basis that they were reduced. In order to permit
the most effective use of all appropriations made to carry out this
title, the Commissioner may set dates by which (1) State educational
agencies must certify to him the amounts for which the applications of
educational agencies have been or will be approved by the State and (2)
State educational agencies referred to in subpart 1 of part B must file
applications. If the maximum grant a local educational agency would
receive (after any ratable reduction which may have been required under
the first sentence of subsection (a) of this section) is more than an
amount which the State educational agency determines, in accordance with
regulations prescribed by the Commissioner, such agency will use, the
excess amount shall be made available first to educational agencies in
that State. Determinations of the educational agencies to which such
excess amounts shall be made available shall be made by the State
educational agency in furtherance of the purposes of this title in
accordance with criteria prescribed by the Commissioner which are
designed to assure that such excess amounts will be made available to
other eligible educational agencies with the greatest need, for the
purpose of, where appropriate, redressing inequities inherent in, or
mitigating hardships caused by, the application of the provisions of
section 111(a) as a result of such factors as population shifts and
changing economic circumstances. In the event excess amounts remain
after carrying out the preceding two sentences of this section, such
excess amounts shall be distributed among the other States as the
Commissioner shall prescribe for use by local educational agencies in
such States for the purposes of this title in such manner as the
respective State educational agencies shall prescribe.
" Sec. 194. // 20 USC 2844. // (a) Except as provided in subsection
(b), the Commissioner is authorized to pay to each State amounts equal
to the amounts expended by it for the proper and efficient performance
of its duties under this title, except that the total of such payments
in any fiscal year shall not exceed--,
"(1) 1.5 per centum of the amount allocated to the State and
its local educational agencies and to other State agencies as
determined for that year under this title; or
"(2) $225,000, or $50,000 in the case of Guam, American Samoa,
the Virgin Islands, the Northern Mariana Islands, or the Trust
Territory of the Pacific Islands,
whichever is the greater, except that any amount paid by reason of
clause (1) or (2) in excess of the limitations on such payments in
effect prior to the effective date of the Education Amendments of 1978
shall be used exclusively for monitoring, audit resolution, enforcement,
or similar compliance activities and shall supplement and not supplant
funds otherwise available from non-Federal sources for such purposes.
"(b) The provisions of this section shall apply in any fiscal year in
which the provisions of section 510(b)(2) are not met.
" Sec. 195. // 20 USC 2851. // (a) Filing Appeals.--If any State is
dissatisfied with the Commissioner's final action with respect to the
approval of its application submitted under subpart 1 or part B or
section 162 or with his final action under section 185 or 186, such
State may, within sixty days after notice of such action, file with the
United States court of appeals for the circuit in which such State is
located a petition for review of that action. A copy of the petition
shall be forthwith transmitted by the clerk of the court to the
Commissioner. The Commissioner thereupon shall file in the court the
record of the proceedings on which he based his action, as provided in
section 2112 of title 28, United States Code.
"(b) Basis of Review.--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.
"(c) Judicial Appeals.--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.
" Sec. 196. // 20 USC 2852. // (a) Council Established.--There shall
be a National Advisory Council on the Education of Disadvantaged
Children (hereinafter in this section referred to as the ' National
Council') consisting of fifteen members appointed by the President,
without regard to the provisions of title 5, United States Code,
governing appointment in the competitive service, for terms of three
years, except that (1) in the case of initial members, five shall be
appointed for terms of one year each and five shall be appointed for
terms of two years each, and (2) appointments to fill vacancies shall be
only for such terms as remain unexpired. The National Council shall
meet at the call of the Chairman.
"(b) Functions.--The National Council shall review and evaluate the
administration and operation of this title, including its effectiveness
in improving the educational attainment of educationally deprived
children, including the effectiveness of programs to meet their
occupational and career needs, and make recommendations for the
improvement of this title and its administration and operations. These
recommendations shall take into consideration experience gained under
this and other Federal educational programs for disadvantaged children
and, to the extent appropriate, experience gained under other public and
private educational programs for disadvantaged children.
"(c) Reports.--The National Council shall make such reports of its
activities, findings, and recommendations (including recommendations for
changes in the provisions of this title) as it may deem appropriate and
shall make an annual report to the President and the Congress not later
than March 31 of each calendar year. Such annual report shall include a
report specifically on which of the various compensatory education
programs funded in whole or in part under the provisions of this title,
and of other public and private educational programs for educationally
deprived children, hold the highest promise for raising the educational
attainment of these educationally deprived children. The President is
requested to transmit to the Congress such comments and recommendations
as he may have with respect to such report. Subject to section 448(b)
of the General Educational Provisions Act, // 20 USC 1233g. // the
National Council shall continue to exist until October 1, 1984.
" Sec. 197. // 20 USC 2853. // Notwithstanding the provisions of
part A or of subpart 1, 2, or 3 of part B of this title, the amount paid
to the Commonwealth of Puerto Rico under this title for any fiscal year
shall not exceed 150 per centum of the amount received by Puerto Rico
under this title in the preceding fiscal year. Any excess over such
amount shall be used to ratably increase the allocations under subpart 1
of part A of the other local educational agencies whose allocations do
not exceed the maximum amount for which they are eligible under section
111.
" Sec. 198. // 20 USC 2854 // (a) Except as otherwise provided, for
purposes of this title:
"(1) The term 'average daily attendance' means attendance
determined in accordance with State law, except that
notwithstanding any other provision of this title, where the local
educational agency of the school district in which any child
resides makes or contracts to make a tuition payment for the free
public education of such child in a school situated in another
school district, for purposes of this title the attendance of such
child at such school shall be held and considered (A) to be in
attendance at a school of the local educational agency so making
or contracting to make such tuition payment, and (B) not to be in
attendance at a school of the local educational agency receiving
such tuition payment or entitled to receive such payment under the
contract.
"(2) The term 'average per pupil expenditure' means in the case
of a State or the United States, the aggregate current
expenditures, during the third 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 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.
"(3) The term ' Commissioner' means the United States
Commissioner of Education.
"(4) The term 'construction' includes the preparation of
drawings and specifications for school facilities; erecting,
building, acquiring, altering, remodeling, improving, or extending
school facilities; and the inspection and supervision of the
construction of school facilities.
"(5) The term 'county' means those divisions of a State
utilized by the Secretary of Commerce in compiling and reporting
data regarding counties.
"(6) The term 'current expenditures' means expenditures for
free public education, including expenditures for administration,
instruction, attendance, and health services, pupil transportation
services, operation and maintenance of plant, fixed charges, and
net expenditures to cover deficits for food services and student
body activities, but not including expenditures for community
services, capital outlay, and debt service, or any expenditures
made from funds granted under this title or parts B and C of title
IV of this Act.
"(7) The term 'elementary school' means a day or residential
school which provides elementary education, as determined under
State law, and the term 'secondary school' means a day or
residential school which provides secondary education, as
determined under State law, except that it does not include any
education provided beyond grade 12.
"(8) The term 'equipment' includes machinery, utilities, and
building equipment and any necessary enclosure or structures to
house them, and includes all other items necessary for the
functioning of a particular facility as a facility for the
provision of educational services, including items such as
instructional equipment and necessary furniture, printed,
published, and audio-visual instructional materials, and books,
periodicals, documents, and other related materials.
"(9) The term 'free public education' means education which is
provided at public expense, under public supervision and
direction, and without tuition charge, and which is provided as
elementary or secondary school education in the applicable State,
except that such term does not include any education provided
beyond grade 12.
"(10) The term 'local educational agency' means a public board
of education or other public authority legally constituted within
a State for either administrative control or direction of, or to
perform a service function for, public elementary or secondary
schools in a city, county, township, school district, or other
political subdivision of a State, or such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools. Such term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
"(11) The term 'parent' includes a legal guardian or other
person standing in loco parentis.
"(12) The term 'project area' means a school attendance area
having a high concentration of children from low-income families
which, without regard to the locality of the project itself, is
designated as an area from which children are to be selected to
participate in a program or project assisted under this title.
"(13) The term 'school attendance area' means in relation to a
particular school, the geographical area in which the children who
are normally served by that school reside.
"(14) The term 'school facilities' means classrooms and related
facilities (including initial equipment) for free public education
and interests in land (including site, grading, and improvements)
on which such facilities are constructed, except that such term
does not include those gymnasiums and similar facilities intended
primarily for exhibitions for which admission is to be charged to
the general public.
"(15) The term ' Secretary' means the Secretary of Health,
Education, and Welfare.
"(16) The term ' State' means a State, Puerto Rico, Guam, the
District of Columbia, American Samoa, the Virgin Islands, the
Northern Mariana Islands, or the Trust Territory of the Pacific
Islands.
"(17) The term ' State educational agency' means the officer or
agency primarily responsible for the State supervision of public
elementary and secondary schools.".
(b) Section 403 of the Act of September 30, 1950 (Public Law 874,
Eighty-first Congress), // 20 USC 244. // is amended--,
(1) by striking out, "except as used in title II", where it
appears in paragraph (2);
(2) by striking out, ",except that for purposes of title II
such term does not include any education provided beyond grade
12", where it appears in paragraph (4);
(3) by striking out, "title II of this act or title II or III"
where it appears in paragraph (5), and inserting "title I, II, or
III";
(4) by striking out, "(A)" where it appears in paragraph (6)
and by striking out subparagraph (B) of such paragraph;
(5) by striking out ",and for purposes of title II, such term
includes the Trust Territory of the Pacific Islands" in paragraph
(8); and
(6) by striking out paragraphs (15), (16), and (17).
(c) Title II of the Act of September 30, 1950 (Public Law 874,
Eighty-first Congress), // 20 USC 241a-241c, 241e-241h, 241j-241m. //
is repealed.
(d) Section 101(a)(10) of the Education Amendments of 1974 is amended
by striking out " Part A" and inserting in lieu thereof "subpart 1 of
part A, and part B," and by striking out "such part A" and inserting in
lieu thereof "such subpart or part".
Sec. 102. // 20 USC 2701. // (a) The Commissioner shall, not later
than September 30, 1981, make a study of the feasibility and
desirability of alternative criteria for demonstrating the comparability
of services provided with State and local funds in each project area (as
defined in section 198(12) of the Elementary and Secondary Education Act
of 1965) to those provided outside such areas which ensure, at least to
the same extent as the criteria in existing regulations published in the
Federal Register (41 F.R. 42894 et seq., September 28, 1976), // 45 CFR
116, 116a. // that children in each school serving such a project area
receive comparable services paid for out of State and local funds.
(b) The Commissioner may select all the local educational agencies in
one State and not more than twenty such agencies in other States which
are reasonably representative of the various geographical areas of the
Nation for participation in the study provided for in this section. For
purposes of the study, the Commissioner, without regard to section 431
of the General Education Provisions Act, // 20 USC 1232. // may permit
the use of substitute criteria meeting the requirements of subsection
(c) in place of criteria contained in existing regulations, to be
applicable only for the school years 1979-1980 and 1980-1981 and only to
local educational agencies selected to participate in the study.
(c) Local educational agencies selected for participation in the
study provided for in this section shall demonstrate comparability
through the use of alternative criteria, which, at a minimum, meet the
conditions of the following paragraphs:
(1) Such criteria are approved by the districtwide advisory
council established under section 125 of the Elementary and
Secondary Education Act of 1965.
(2) Based on such criteria, each school serving such a project
area receives services comparable to those services provided with
State and local funds in schools not receiving assistance under
this title.
(3) Services measured by such criteria shall vary by not more
than 5 per centum between each school serving such a project area
and other schools of the agency.
(4) Compliance with such criteria shall be determined on the
basis of services actually provided during the current school
year.
(5) If expenditures are used in the criteria, only expenditures
for instructional services shall be included and for this purpose
"instructional services" means current expenditures for free
public education other than expenditures for attendance and health
services, pupil transportation services, operation and maintenance
of plant, fixed charges, and net expenditures to cover deficits
for food services and student body activities.
(6) In all other respects, such criteria shall be consistent
with the regulations of the Commissioner pertaining to
comparability of services.
(d) In order to provide a basis for comparison, local educational
agencies participating in the study under this section shall continue to
make reports under existing criteria for comparability of services.
Sec. 201. Title II of the Elementary and Secondary Education Act of
1965 (hereinafter in titles II through IX of this Act referred to as
"the Act") is amended to read as follows:
" Sec. 201. // 20 USC 2881. // The purpose of this part is--,
"(1) to assist Federal, State, and local educational agencies
to coordinate the utilization of all available resources for
elementary and secondary education to improve instruction so that
all children are able to master the basic skills of reading,
mathematics, and effective communication, both written and oral;
"(2) to encourage States to develop comprehensive and
systematic plans for improving achievement in the basic skills;
"(3) to provide financial assistance to State and local
educational agencies for the development of programs in the basic
skills;
"(4) to develop means by which parents working with the schools
can contribute to improving the educational achievement of their
children;
"(5) to encourage the involvement of the private sector in the
delivery to children, youths, and adults of educational services
and materials that will improve achievement in the basic skills;
and
"(6) to expand the use of television and other technology in
the delivery of instructional programs aimed at improving
achievement in the basic skills.
" Sec. 202. // 20 USC 2882. // (a) The Secretary may make a grant or
award a contract under this part only upon the submission of an
application by an eligible entity at the time and in the form prescribed
by the Secretary. Each such application by a State or local educational
agency shall provide assurances that--,
"(1) in designing the proposal for which application is made,
the needs of children in nonprofit private elementary and
secondary schools have been taken into account through
consultation with private school officials; and, to the maximum
extent feasible, and consistent with the number of such children
in the area to be served who have the educational needs the
proposal is intended to address, those children will be provided
an opportunity to participate in the proposed activity on a basis
comparable to that provided for public school children;
"(2) procedures have been developed to evaluate the
effectiveness of the proposed activity in achieving the purposes
of this title; and
"(3) procedures have been developed for incorporating
successful practices developed with assistance under this title
into the regular instructional program.
"(b) No grant or contract may be awarded to a local educational
agency under this part unless the appropriate State educational agency
has been provided an opportunity for at least thirty days to comment on
the application.
" Sec. 203. // 20 USC 2883. // Notwithstanding the provisions of
section 408(a)(3) of the General Education Provisions Act, // 20 USC
1221e-3. // the Secretary may accept, on behalf of the United States,
conditional or unconditional gifts or donations of services, money, or
property, made for any activities authorized to be carried out under
this title.
" Sec. 204. // 20 USC 2884. // (a) In order to achieve the purposes
of this part, the Secretary is authorized, during the period of October
1, 1979, through September 30, 1983, to make grants to, and enter into
contracts with, State and local educational agencies, and other public
and private agencies, organizations, and institutions to carry out
planning, research, development, demonstrations (including training of
leadership personnel, evaluation, and dissemination, as described in
sections 205 through 209), except that no grant may be made under this
part to other than a public or nonprofit private agency, organization,
or institution.
"(b) The Secretary may provide to such agencies, organizations, and
institutions, either directly or through grants or contracts, technical
assistance related to the purposes of this part.
" Sec. 205. // 20 USC 2885. // The Secretary shall provide
assistance, in accordance with section 204, for activities designed to
demonstrate improved delivery of instructional services in the areas of
reading, mathematics, and oral and written communication, including--,
"(1) assessment of schoolwide needs to identify the
instructional needs of children in basic skills;
"(2) establishing learning goals and objectives for each
school;
"(3) the development of comprehensive programs to address the
needs through the use of resources available under this part and
other resources from local, State, and Federal programs;
"(4) the demonstration of techniques for coordinating the
efforts of local agencies, organizations, and institutions, to
improve achievement in basic skills;
"(5) preservice training programs for teaching personnel
including teacher aides and other ancillary educational personnel,
and in-service training and development programs, designed to
enable such personnel to improve their ability to teach basic
skills; and
"(6) active involvement of teachers, teacher aides,
administrators, and other educational personnel to improve their
ability to utilize available resources to carry out the purposes
of this part.
" Sec. 206. // 20 USC 2886. // The Secretary, in accordance with
section 204, shall support activities designed to enlist the assistance
of parents and volunteers working with schools to improve the skills of
children in reading, mathematics, and oral and written communication.
The activities which may be supported under this section include--,
"(1) the development and dissemination of materials that, with
appropriate training, parents may use in the home to improve their
children's performance in those skills; and
"(2) voluntary training activities for parents to encourage
them to assist their children in developing basic skills.
" Sec. 207. // 20 USC 2887. // The Secretary, in accordance with
section 204, shall support development and demonstration activities
related to the improved use of television and other technology to
contribute to the instruction of children in reading, mathematics, and
written and oral communication. The activities authorized under this
section shall be designed to expand the variety and improve the quality
of instructional efforts involving the use of technology. The
activities which may be supported under this section include--,
"(1) the development and acquisition of educational programing,
including audio and video materials distributed through broadcast,
cable, tape, film, cassettes, or other means that provide
instruction in basic skills in an effective manner;
"(2) the development and acquisition of instructional materials
that supplement educational programing described in clause (1) of
this section in order to improve its effectiveness in the school,
the home, and other learning environments;
"(3) the development and acquisition of materials to assist
teachers in relating such programing, or similar public or
commercial programs of educational value, to instruction in the
classroom;
"(4) the training of teachers, administrators, and other
instructional personnel in the use of educational technology;
"(5) assistance to teachers, administrators, and other
instructional personnel for experimentation with new technological
approaches to instruction; and
"(6) distribution of information about, and promotion of the
use of such programing and technology in the classroom and other
learning environments.
ORGANIZATIONS
" Sec. 208. // 20 USC 2888. // (a) The Secretary shall provide
assistance and information to State and local educational agencies,
institutions of higher education, and private agencies, organizations,
and institutions (such as labor unions, volunteer organizations, and
business associations) to support the efforts of such agencies,
organizations, and institutions to stimulate children, youths, and
adults to improve their achievement in basic skills. The activities
which may be supported under this section include--,
"(1) programs to motivate children to improve their reading
skills through the distribution to children of books;
"(2) instructional programs and voluntary tutorial programs to
provide individual assistance outside of the school to children,
youths, and adults with instruction needs;
"(3) community efforts to encourage individuals to improve
their performance in basic skills; and
"(4) the establishment of programs for lending or selling books
to children, youths, and adults.
"(b) Activities supported under subsection (a)(2) may be known as
reading academies.
RELATING TO BASIC
SKILLS PROGRAMS
" Sec. 209. // 20 USC 2889. // The Secretary is authorized to use
funds appropriated under this part to collect and analyze information
concerning the results of activities carried out under this title and
under part C of title IV, including information on the activities which
have been successful in improving the achievement of students in the
basic skills. Such funds may also be used to disseminate that
information to State and local educational agencies and other interested
public and private agencies organizations,and institutions.
" Sec. 210. // 20 USC 2890. // The Secretary shall establish
effective and efficient procedures for coordination between the programs
assisted under this part and other parts of this title, with programs
assisted under title I and title IV of this Act, title V of the Economic
Opportunity Act of 1964, title V of the Higher Education Act of 1965,
and other such Federal programs that support efforts to improve the
basic skills of children, youth and adults.
" Sec. 221. // 20 USC 2901. // It is the purpose of this part to
provide financial assistance to States to enable them--,
"(1) to develop comprehensive and systematic statewide plans
for improving achievement in the basic skills, to coordinate
available resources for elementary and secondary education, and to
provide financial assistance to improve the instruction so that
all children are able to master the basic skills of reading,
mathematics, and effective communication, both written and oral;
"(2) to provide assistance to local agencies in the development
and implementation of comprehensive programs to improve basic
skills proficiency and instruction in the elementary and secondary
schools;
"(3) to develop means by which parents working with the schools
can contribute to improving the educational achievement of their
children;
"(4) to provide State leadership in the planning, execution,
and evaluation of basic skills instructional programs in
elementary and secondary schools; and
"(5) to arrange for and assist in the training of educational
staff, including special reading and mathematics personnel and
specialists needed in programs assisted under this part.
" Sec. 222. // 20 USC 2902. // (a) Any State which desires to
receive grants under this part shall, through its State educational
agency, enter into an agreement with the Secretary, in such detail as
the Secretary deems necessary, which--,
"(1) designates the State educational agency as the agency for
administration of the agreement;
"(2) provides for a process of active and continuing
consultation with the State educational agency, by persons broadly
representative of the educational resources of the State and of
the general public, including persons representative of--,
secondary
schoolchildren.
to advise the State educational agency on the planning,
development, implementation, and evaluation of a comprehensive
State program for improving basic skills;
"(3) describes the basic instructional programs in elementary
and secondary schools for which assistance is sought under this
part and procedures for giving priority to basic skills programs
which are already receiving Federal financial assistance and show
reasonable promise of achieving success;
"(4) 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--,
pupils
in different population groups within the State for
the program
authorized by this part, and the financial ability of
the
local educational agency serving such pupils, and
to
local educational agencies having high concentrations
of children
with low reading or mathematics proficiency;
"(5) provides for the coordination and evaluation of programs
assisted under this part;
"(6) provides for technical assistance and support services for
local educational agencies participating in the program;
"(7) 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;
"(8) provides for making a report, at least once every three
years, and such other reports, in such form and containing such
information, as the Secretary may reasonably require to evaluate
the effectiveness of the program and to carry out his other
functions under this part;
"(9) provides that not more than 5 per centum of the amount
allotted to the State under this part for any fiscal year may be
retained by the State educational agency for purposes of
administering the agreement;
"(10) 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 part; and
"(11) provides that Federal funds expended under the program
will supplement the level of State and local funds that would be
available for such programs in the absence of Federal assistance,
and in no event will supplant such State and local funds.
"(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 (c) relating to the participation of private elementary and
secondary school pupils), institutions of higher education, and other
public and nonprofit agencies and institutions. Not less than 70 per
centum of the amount allotted to a State under this part for any fiscal
year shall be made available by the State for grants to local
educational agencies within that State.
"(c) The provisions of section 130(a)(1) of this Act relating to the
participation of children enrolled in private elementary and secondary
schools shall apply to programs assisted under this part.
"(d) Each application by a local educational agency within a State
for assistance under this part shall be developed in conjunction with
teachers and building administrators in such district. The application
shall set forth a systematic strategy for improving basic skills
instruction in the local district which provides for the planning and
implementation of comprehensive basic skills instructional programs at
the school building level. The school level programs shall address the
needs of all students and shall utilize, in a coordinated fashion,
resources available from all Federal, State, and local sources.
Teachers, administrators, and parents shall be involved in the
development of the comprehensive school level programs. Such programs
shall include--,
"(1) diagnostic assessment to identify the needs of all of the
children in the school;
"(2) the establishment of learning goals and objectives for the
school;
"(3) to the extent practicable, preservice training and
inservice training and development programs for teaching and
administrative personnel, including teacher-aides and other
ancillary educational personnel, designed to enable such personnel
to improve their ability to teach students the basic skills;
"(4) activities designed to enlist the support of parents to
aid in the instruction of their children at home and school;
"(5) procedures for the evaluation of the effectiveness of the
program, including a program of periodic testing of basic skills
achievement and the publication of test results on basic skills
performance by grade level and by school, without identification
of performance of individual children;
"(6) assessment, evaluation, and collection of information on
individual children by teachers during each year of a
pre-elementary program, to be made available for teachers in the
subsequent year, in order that continuity for the individual child
not be lost. Such information shall also be available to parents
or guardians of the individual children.
"(e) In addition to the grants authorized in subsection (d), the
State educational agency may also make grants to support activities
designed to enlist the assistance of parents working with schools to
improve the skills of their children in reading, mathematics, and oral
and written communication. Activities that may be supported under this
section include--,
"(1) the development and dissemination of materials that
parents may use in the home to improve their children's
performance in those skills;
"(2) the encouragement of closer contacts between parents and
teachers to improve the coordination between learning experiences
in the home and those in school;
"(3) planning for, developing and improving centers accessible
to parents to provide materials and professional guidance,
including volunteers, for parents who desire to assist in the
instruction of their children; and
"(4) the demonstration of training programs for parents who
desire to develop new skills to complement the instruction their
children receive in school.
"(f) The Secretary shall enter into an agreement which complies with
the provisions of subsection (a) with any State which desires to enter
into such an agreement.
" Sec. 223. // 20 USC 2903. // The Secretary shall distribute grants
under the provisions of this part so as to assure that each State having
an agreement under section 222 will receive not less than the amount
which bears the same ratio to the total amount available for this part
for a fiscal year as the number of school age children (aged five
through seventeen inclusive) in that State bears to the number of such
children in all States, except that any State having an agreement shall
not receive less than $50,000 in any such fiscal year.
" Sec. 224. // 20 USC 2904. // The Secretary is authorized to enter
into agreement with State educational agencies for the carrying out by
such agencies of leadership and training activities designed to prepare
personnel throughout the State to implement programs which have been
demonstrated in that State or other States to be effective in overcoming
deficiencies in the basic skills, and to develop and implement statewide
plans for improving the skills of children, youth, and adults in
reading, mathematics, and oral and written communication. The
activities authorized by this section shall be limited to--,
"(1) the development of a comprehensive statewide program
providing for the coordination of all Federal and State programs
that provide instruction in basic skills;
"(2) planning activities that involve local administrators,
teachers, and parents in the development of strategies to improve
instruction in basic skills;
"(3) statewide assessments of need relating to basic skills,
including the needs of both students and instructional personnel;
"(4) in-service training programs for local administrators,
instructional personnel, and other staff members involved in
instruction in basic skills; and
"(5) the provision of technical assistance and the
dissemination of information relating to basic skills instruction
to local educational agencies and other organizations and
institutions involved in programs of instruction in basic skills.
MOTIVATION
" Sec. 231. // 20 USC 2911. // (a) The Commissioner is authorized
(1) to enter into a contract with a private nonprofit group or public
agency (hereinafter in this section referred to as the 'contractor'),
which has as its primary purpose the motivation of children to learn to
read, to support and promote the establishment of reading motivational
programs which include the distribution of inexpensive books to students
and (2) to pay the Federal share of the cost of such programs.
"(b) The contract shall provide that--,
"(1) the contractor will enter into subcontracts with local
private nonprofit groups or organizations or with public agencies
(hereinafter referred to as 'subcontractors') under which the
subcontractors will agree to establish, operate, and provide the
non-Federal share of the cost of reading motivational programs
which include the distribution of books by gift or loan, to
pre-elementary, elementary or secondary schoolchildren;
"(2) funds made available by the Commissioner to a contractor
pursuant to any contract entered into under this section will be
used to pay the Federal share of the cost of establishing and
operating reading motivational programs as provided in paragraph
(1); and
"(3) the contractor will meet such other conditions and
standards as the Commissioner determines to be necessary to assure
the effectiveness of the programs authorized by this section and
will provide technical assistance in furtherance of the purposes
of this section.
"(c) The Commissioner shall make no payment of the Federal share of
the cost of acquiring and distributing books pursuant to a contract
authorized by this section unless he determines that the contractor or
the subcontractor, as the case may be, has made arrangements with book
publishers or distributors to obtain books at discounts at least as
favorable as discounts that are customarily given by such publisher or
distributor for book purchases made under similar