courses or schools, and toward consideration of such information by such offices in the occupational guidance and placement of such persons;

(7) provide that, in the development and conduct of vocational education programs, services, and activities under this part, there will be, in addition to the cooperative arrangements provided for in paragraph (6), appropriate and effective cooperative arrangements with other agencies, organizations, and institutions concerned with manpower needs and job opportunities, such as business and labor organizations, institutions of higher education, and community action organizations;

(8) provide that effective use will be made of the results and experience of programs and projects assisted under part B, and research, training, and experimental, developmental, and pilot programs assisted under section 4(c) of this part;

(9) provide assurances that the State plan has been submitted by the State board only after affording to all local educational agencies in the State reasonable notice and opportunity for a public hearing thereon, and that copies of the State plan and all statements of general policies, rules, regulations, and procedures issued by the State board in its administration of such plan will be made reasonably available to the public;

(10) provide assurance that Federal funds made available under this part will be so used as to supplement and, to the extent practical, increase the amount of State and local funds that would in the absence of such Federal funds be made available for the uses set forth in section 4(a), and in no case supplant such State and local funds;

[(5)] (11) set[s] forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to local educational agencies) under this part;

[(6)] (12) provide[s] assurance that the requirements of section 7 will be complied with on all construction projects in the State assisted under this part; and

[(7)] (18) provide[s] for [making such reports] submitting to the Commissioner an annual evaluation report which meets the requirements of paragraph (2) (D) of subsection (a), and such other reports in such form and containing such information as the Commissioner may reasonably require to carry out his functions under this part, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports.1

[(b)] (c) The Commissioner shall approve a State plan which fulfills the conditions specified in subsection [(a)] (b), and shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the State board designated pursuant to paragraph (1) of such subsection.

[(c) (d) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State board administering a State plan approved under subsection [(b)] (c), finds that—

(1) the State plan has been so changed that it no longer complies with the provisions of subsection [(a)] (b), or

Amendment to be effective on July 1, 1969.

91-989 0-68-pt. 5-5

(2) in the administration of the plan there is a failure to comply substantially with any such provision,

the Commissioner shall notify such State board that no further payments will be made to the State under this part (or, in his discretion, further payments to the State will be limited to programs under or portions of the State plan not affected by such failure) until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to such State under this part (or shall limit payments to programs under or portions of the State plan not affected by such failure). [(d)] (e) A State board which is dissatisfied with a final action of the Commissioner under subsection [(b)] (c) or (c)] (d) may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner, or any officer designated by him for that purpose. 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. 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, temporarily or permanently, but until the filing of the record the Commissioner may modify or set aside his action. The findings of the Commissioner as to the facts, 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. The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action.'

PAYMENTS TO STATES

SEC. 6. [(a) Any amount paid to a State from its allotment under section 3 for the fiscal year ending June 30, 1964, shall be paid on condition that there shall be expended for such year, in accordance with the State plan approved under section 5 or the State plan approved under the Vocational Education Act of 1946 and supplementary vocational education Acts, or both, an amount in State or local funds, or both, which at least equals the amount expended for vocational education during the fiscal year ending June 30, 1963, under the State plan approved under the Vocational Education Act of 1946 and supplementary vocational education Acts.

[(b) Subject to the limitations in section 4(b), the portion of s State's allotment for the fiscal year ending June 30, 1965, and for each succeeding year, allocated under the approved State plan for each of

Amendment to be effective on July 1, 1969.

the purposes set forth in paragraphs (1), (2), (3), (4), and (6) of section 4(a) shall be available for paying one-half of the State's expenditures under such plan for such year for each such purpose.

[(c) The portion of a State's allotment for any fiscal year allocated under the approved State plan for the purpose set forth in paragraph (5) of section 4(a) shall be available for paying not to exceed one-half of the cost of construction of each area vocational education school facility project.]

[(d)] Payments of Federal funds allotted to a State under section 3 to States which have State plans approved under section 5 (as adjusted on account of overpayments or underpayments previously made) shall be made by the Commissioner in advance on the basis of such estimates, in such installments, and at such times, as may be reasonably required for expenditures by the States of the funds so allotted. 1

LABOR STANDARDS

SEC. 7. All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this part shall be paid wages at rates not less than those prevailing as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). 2

[AMENDMENTS TO GEORGE-BARDEN AND SMITH-HUGHES VOCATIONAL

EDUCATION ACTS

[SEC. 10. Notwithstanding anything to the contrary in title I, II, or III of the Vocational Education Act of 1946 (20 ̊ U.S.C. 15i15m, 150-15q, 15aa-15jj, 15aaa-15ggg), or in the Smith-Hughes Act (that is, the Act approved February 23, 1917, as amended (39 Stat. 929, ch. 114; 20 U.S.C. 11-15, 16-28)), or in supplementary vocational education Acts

[(a) any portion of any amount allotted (or apportioned) to any State for any purpose under such titles, Act, or Acts for the fiscal year ending June 30, 1964, or for any fiscal year thereafter, may be transferred to and combined with one or more of the other allotments (or apportionments) of such State for such fiscal year under such titles, Act, or Acts, or under section 3 of this part and used for the purposes for which, and subject to the conditions under which, such other allotment (or apportionment) may be used, if the State board requests, in accordance with regulations of the Commissioner, that such portion be transferred and shows to the satisfaction of the Commissioner that transfer of such portion in the manner requested will promote the purpose of this part; [(b) any amounts allotted (or apportioned) under such titles, Act, or Acts for agriculture may be used for vocational education in any occupation involving knowledge and skills in agricultural subjects, whether or not such occupation involves work of the

Amendment to be effective on July 1, 1969.

* Sec. 8, Definitions, as originally enacted is amended and renumbered Part C, Sec. 121. Bec 9, Advisory Committee on Vocational Education, as originally enacted is amended and renumbered Part C, Bec. 122.

farm or of the farm home, and such education may be provided without directed or supervised practice on a farm;

[(c)(1) any amounts allotted (or apportioned) under such titles, Act, or Acts for home economics may be used for vocational education to fit individuals for gainful employment in any occupation involving knowledge and skills in home economics subjects;

[(2) at least 10 per centum of any amount so allotted (or apportioned) to a State for each fiscal year beginning after June 30, 1965, may be used only for vocational education to fit persons for gainful employment in occupations involving knowledge and skills in home economics subjects, or transferred to another allotment under subsection (a), or both.

[(d) any amounts allotted (or apportioned) under such titles, Act, or Acts for distributive occupations may be used for vocational education for any person over fourteen years of age who has entered upon or is preparing to enter upon such an occupation, and such education need not be provided in part-time or evening schools;

[(e) any amounts allotted (or apportioned) under such titles, Act, or Acts for trade and industrial occupations may be used for preemployment schools and classes organized to fit for gainful employment in such occupations persons over fourteen years of age who are in school, and operated for less than nine months. per year and less than thirty hours per week and without the requirement that a minimum of 50 per centum of the time be given to practical work on a useful or productive basis, if such preemployment schools and classes are for single-skilled or semiskilled occupations which do not require training or work of such duration or nature; and less than one-third of any amounts so allotted (or apportioned) need be applied to part-time schools or classes for workers who have entered upon employment.]1

[EXTENSION OF PRACTICAL NURSE TRAINING AND AREA VOCATIONAL

EDUCATION PROGRAMS

[SEC. 11. (a) (1) Section 201 of the Vocational Education Act of 1946 (20 U.S.C. 15aa) is amended by striking out "of the next eight fiscal years" and inserting in lieu thereof "succeeding fiscal year".

[(2) Subsection (c) of section 202 of such Act is amended by striking out "of the next seven fiscal years" and inserting in lieu thereof "succeeding fiscal year".

[(b) Section 301 of such Act (20 U.S.C. 15aaa) is amended by striking out "of the five succeeding fiscal years" and inserting in lieu thereof "succeeding fiscal year".]

HOMEMAKING EDUCATION

SEC. 10. (a)(1) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1970, and for each fiscal year thereafter, such sums, not exceeding $15,000,000 for any fiscal year, as may be necessary for the purpose of this section. From the sums appropriated pursuant to this paragraph for each fiscal year, the Commissioner shall allot to each

1 Amendment to be effective on July 1, 1969.

State an amount which shall be computed in the same manner as allotments to States under section 3 of this part.

(2) The amount of any State's allotment under paragraph (1) for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the State's plan approved under subsection (b) shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, and on the basis of such factors as he determines to be equitable and reasonable, to other States which, as determined by the Commissioner, are able to use without delay any amounts so reallotted for the purposes set forth in paragraph (2) of subsection (b). Any amount reallotted to a State under this paragraph during such year shall be deemed part of its allotment for such year. (b) To be eligible to participate in this section, a State must have in effect a plan approved under section 5 and must submit through its State board to the Commissioner a supplement to such plan (hereinafter referred to as a "supplementary plan"), in such detail as the Commissioner determines necessary, which

(1) designates the State board as the sole agency for administration of the supplementary plan, or for supervision of the administration thereof by local educational agencies;

(2) sets forth a program under which Federal funds paid to a State from its allotment under subsection (a) will be expended solely for (A) educational programs designed to fit for homemaking persons who have entered, or are preparing to enter, the work of the home, and (B) ancillary services and activities to assure quality in all homemaking education programs, such as teacher training and supervision, program evaluation, special demonstration and experimental programs, development of instructional programs, and State administration and leadership;

(3) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to local educational agencies) under this section; and

(4) provides for making such reports in such form and containing such information as the Commissioner may reasonably require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports.

(c) Subsections (c), (d), and (e) of section 5 (pertaining to the approval of State plans, the withholding of Federal payments in case of nonconformity after approval, and judicial review of the Commissioner's final actions in disapproving a State plan or withholding payments) shall be applicable to the Commissioner's actions with respect to supplementary plans under this section.

(d) From a State's allotment under this section for the fiscal year ending June 30, 1970, and for each fiscal year thereafter, the Commissioner shall pay to such State an amount equal to 50 per centum of the amount expended for the purposes set forth in paragraph (2) of subsection (b). No State shall receive payments under this section for any fiscal year in excess of its allotment under subsection (a) for such fiscal year.

(e) Such payments (adjusted on account of overpayments or underpayments previously made) shall be made by the Commissioner in advance