(b) Non-local educational agencies.

In addition to the sums appropriated for any fiscal year for grants to local educational agencies under this subchapter, there is hereby authorized to be appropriated for any fiscal year an amount not in excess of 10 per centum of the amount appropriated for payments on the basis of entitlements computed under subsection (a) of this section for that fiscal year, for the purpose of enabling the Commissioner to provide financial assistance to schools on or near reservations which are not local educational agencies or have not been local educational agencies for more than three years, in accordance with the appropriate provisions of this subchapter. (Sept. 30, 1950, ch. 1124, title III, § 303, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 335, and amended Aug. 21, 1974, Pub. L. 93-380, title VI, §§ 631(b), 632(b), 88 Stat. 585, 586.)

AMENDMENTS

1974 Subsec. (a) (1). Pub. L. 93-380, § 631 (b), substituted "1978" for "1975".

Subsec. (b). Pub. L. 93-380, § 632 (b), increased percentage from "5" to "10".

EFFECTIVE DATE OF 1974 AMENDMENT Amendment of subsecs. (a) (1) and (b) by Pub. L. 93380 effective on and after July 1, 1973, and July 1, 1974, respectively, see sections 631 (c) and 632(d) of Pub. L. 93-380, set out as notes under section 887c of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 241dd, 241ff, 1221g of this title.

§ 241cc. Uses of Federal funds.

Grants under this subchapter may be used, in accordance with applications approved under section 241dd of this title, for

(1) planning for and taking other steps leading to the development of programs specifically designed to meet the special educational needs of Indian children, including pilot projects designed to test the effectiveness of plans so developed; and (2) the establishment, maintenance, and operation of programs, including, in accordance with special regulations of the Commissioner, minor remodeling of classroom or other space used for such programs and acquisition of necessary equipment, specially designed to meet the special educational needs of Indian children.

(Sept. 30, 1950, ch. 1124, title III, § 304, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 335.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 241dd of this title. § 241dd. Applications for grants; conditions for approval; reports; amendments.

(a) A grant under this subchapter, except as provided in section 241bb (b) of this title, may be made only to a local educational agency or agencies, and only upon application to the Commissioner at such time or times, in such manner, and containing or accompanied by such information as the Commissioner deems necessary. Such application shall

(1) provide that the activities and services for which assistance under this subchapter is sought will be administered by or under the supervision of the applicant;

(2) set forth a program for carrying out the purposes of section 241cc of this title, and provide for such methods of administration as are necessary for the proper and efficient operation of the program;

(3) in the case of an application for payments for planning, provide that (A) the planning was or will be directly related to programs or projects to be carried out under this subchapter and has resulted, or is reasonably likely to result, in a program or project which will be carried out under this subchapter, and (B) the planning funds are needed because of the innovative nature of the program or project or because the local educational agency lacks the resources necessary to plan adequately for programs and projects to be carried out under this subchapter, (4) provide that effective procedures, including provisions for appropriate objective measurement of educational achievement will be adopted for evaluating at least annually the effectiveness of the programs and projects in meeting the special educational needs of Indian students;

(5) set forth policies and procedures which assure that Federal funds made available under this subchapter for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the education of Indian children and in no case supplant such funds;

(6) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under this subchapter; and

(7) provide for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this subchapter and to determine the extent to which funds provided under this subchapter have been effective in improving the educational opportunities of Indian students in the area served, and for keeping such record and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports.

(b) An application by a local educational agency or agencies for a grant under this subchapter may be approved only if it is consistent with the applicable provisions of this subchapter and—

(1) meets the requirements set forth in subsection (a) of this section;

(2) provides that the program or project for which application is made

(A) will utilize the best available talents and resources (including persons from the Indian community) and will substantially increase the educational opportunities of Indian children in the area to be served by the applicant; and (B) has been developed

(i) in open consultation with parents of Indian children, teachers, and, where applicable, secondary school students, including public hearings at which such persons have

had a full opportunity to understand the program for which assistance is being sought and to offer recommendations thereon, and

(ii) with the participation and approval of a committee composed of, and selected by, parents of children participating in the program for which assistance is sought, teachers, and, where applicable, secondary school students of which at least half the members shall be such parents;

(C) sets forth such policies and procedures as will insure that the program for which assistance is sought will be operated and evaluated in consultation with, and the involvement of, parents of the children and representatives of the area to be served, including the committee established for the purposes of clause (2) (B) (ii).

(c) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulations, be subject to approval in the same manner as original applications. (Sept. 30, 1950, ch. 1124, title III, § 305, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 336.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 241cc, 241ee of this title; title 25 section 456.

§ 241ee. Payments; limitations.

(a) The Commissioner shall, subject to the provisions of section 241ff of this title, from time to time pay to each local educational agency which has had an application approved under section 241dd of this title, an amount equal to the amount expended by such agency in carrying out activities under this application.

(b) (1) No payments shall be made under this subchapter for any fiscal year to any local educational agency in a State which has taken into consideration payments under this subchapter in determining the eligibility of such local educational agency in that State for State aid, or the amount of that aid, with respect to the free public education of children during that year or the preceding fiscal year.

(2) No payments shall be made under this subchapter to any local educational agency for any fiscal year unless the State educational agency finds that the combined fiscal effort (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 for that purpose for the second preceding fiscal year. (Sept. 30, 1950, ch. 1124, title III, § 306, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 337.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 241ff of this title. § 241ff. Adjustments where necessitated by appropriations.

(a) If the sums appropriated for any fiscal year for making payments under this subchapter are not sufficient to pay in full the total amounts which all local educational agencies are eligible to receive under this subchapter for that fiscal year, the maxi

mum amounts which all such agencies are eligible to receive under this subchapter for such fiscal year shall be ratably reduced. In case additional funds become available for making such payments for any fiscal year, during which the first sentence of this subsection is applicable, such reduced amounts shall be increased on the same basis as they were reduced. (b) In the case of any fiscal year in which the maximum amounts for which local educational agencies are eligible have been reduced under the first sentence of subsection (a) of this section, and in which additional funds have not been made available to pay in full the total of such maximum amounts under the second sentence of such subsection, the Commissioner shall fix dates prior to which each local educational agency shall report to him on the amount of funds available to it, under the terms of section 241ee(a) of this title and subsection (a) of this section, which it estimates, in accordance with regulations of the Commissioner, that it will expend under approved applications. The amounts so available to any local educational agency, or any amount which would be available to any other local education agency, if it were to submit an approvable application therefor, which the Commissioner determines will not be used for the period of its availability, shall be available for allocation to those local educational agencies, in the manner provided in the second sentence of subsection (a) of this section, which the Commissioner determines will need additional funds to carry out approved applications, except that no local educational agency shall receive an amount under this sentence which, when added to the amount available to it under subsection (a) of this section, exceeds its entitlement under section 241bb of this title. (Sept. 30, 1950, ch. 1124, title III, § 307, as added June 23, 1972, Pub. L. 92318, title IV, § 411(a). 86 Stat. 337.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 241ee of this title.

§§ 242, 243.

SUBCHAPTER IV.-GENERAL

Sections 301 and 302 of title III of act Sept. 30, 1950, redesignated sections 401 and 402 of title IV by Pub. L. 92-318, title IV, § 411(a), June 23, 1972, 86 Stat. 334. § 244. Definitions.

For the purposes of this chapter

(1) The term "Federal property" means real property which is owned by the United States or is leased by the United States, and which is not subject to taxation by any State or any political subdivision of a State or by the District of Columbia. Such term includes (A) except for purposes of section 241 of this title, real property held in trust by the United States for individual Indians or Indian tribes, and real property held by individual Indians or Indian tribes which is subject to restrictions on alienation imposed by the United States, (B) for one year beyond the end of the fiscal year in which occurred the sale or transfer thereof by the United States, any property considered prior to such sale or transfer to be Federal property for the purposes of this chapter, (C) any low-rent housing (whether or not owned by the

United States) which is part of a low-rent housing project assisted under the United States Housing Act of 1937, section 516 of the Housing Act of 1949, or part B of title III of the Economic Opportunity Act of 1964, and (D) any school which is providing flight training to members of the Air Force under contractual arrangements with the Department of the Air Force at an airport which is owned by a State or a political subdivision of a State. Such term also includes any interest in Federal property (as defined in the foregoing provisions of this paragraph) under an easement, lease, license, permit, or other arrangement, as well as any improvements of any nature (other than pipelines or utility lines) on such property even though such interests or improvements are subject to taxation by a State or political subdivision of a State or by the District of Columbia. Notwithstanding the foregoing provisions of this paragraph, such term does not include any real property under the jurisdiction of the Post Office Department and used primarily for the provision of postal services. Real property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a low-rent housing project.

(16) For purposes of subchapter II of this chapter, the "average per pupil expenditure" in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made (or if satisfactory data for that year are not available at the time of computation, then during the most recent preceding fiscal year for which satisfactory data are available), of all local educational agencies as defined in paragraph (6) (B) of this section in the State, or in the United States (which for the purposes of this paragraph means the fifty States, and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the source of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.

(17) For the purposes of subchapter II of this chapter, "excess costs" means those costs directly attributable to programs and projects which exceed the average per pupil expenditure of a local educational agency in the most recent year for which satisfactory data are available for pupils in the grade or grades included in such programs or projects (but not including expenditures for any comparable State or local special programs for educationally deprived children or expenditures for bilingual programs or special education for handicapped children or children with specific learning disabilities, if such expenditures for bilingual education and special education are used to provide, to children of limited English-speaking ability and handicapped children, and children with specific learning disabilities who reside in subchapter I project areas, services which are

comparable to those provided to similarly disadvantaged children residing in nonproject areas). (Sept. 30, 1950, ch. 1124, title IV, § 403, formerly § 9, 64 Stat. 1108, amended Aug. 8, 1953, ch. 402, § 10, 67 Stat. 536; Aug. 1, 1956, ch. 852, § 10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, § 211, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, § 205, 72 Stat. 560; June 25, 1959, Pub. L. 86-70, § 18 (d) (4), 73 Stat. 145; July 12, 1960, Pub. L. 86624, § 14 (d) (4), 74 Stat. 414; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1102(b), 78 Stat. 1109, renumbered title III, § 303, and amended Apr. 11, 1965, Pub. L. 89-10, title I, §§ 3(c) (1), 4 (a)—(c), (d) (1), (e), 79 Stat. 35; Nov. 1, 1965, Pub. L. 89-313, § 6(c), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89-750, title I, § 117(a) (1), (b), title II, § 206, 80 Stat. 1198, 1199, 1213; Jan. 2, 1968, Pub. L. 90-247, title II, § 201, 81 Stat. 806; Apr. 13, 1970, Pub. L. 91-230, title II, § 203(b), 84 Stat. 156; renumbered title IV, § 403, June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 334; amended Aug. 21, 1974, Pub. L. 93-380, title I, § 101 (a) (9) (K), title III, § 304 (d) (1), 88 Stat. 501, 523.) AMENDMENTS

1974 Subsec. (1). Pub. L. 93-380, § 304 (d) (1), added end provision reading: "Real property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a lowrent housing project."

Subsecs. (16), (17). Pub. L. 93-380, § 101 (a) (9) (K), added subsecs. (16) and (17).

EFFECTIVE DATE OF 1974 AMENDMENT Amendment of par. (1) by Pub. L. 93-380 effective on and after sixtieth day after Aug. 21, 1974, except as otherwise specified hereunder, see section 2(c) of Pub. L. 93380, set out as a note under section 241b of this title.

Subsecs. (16) and (17) of this section effective on and after July 1, 1974, see section 101(b) of Pub. L. 93-380, set out as a note under section 241b of this title.

POSTAL SERVICE PROPERTY AS FEDERAL PROPERTY Pub. L. 92-277, § 2, Apr. 24, 1972, 86 Stat. 124, provided that: "All real property of the United States which was transferred to the United States Postal Service and was, prior to such transfer, treated as Federal property for purposes of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [sections 236 to 244 of this title], shall continue to be treated as Federal property for such purpose for two years beyond the end of the fiscal year in which such transfer occurred."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 238, 240, 1228 of this title.

§ 246. State equalization plans; assistance to States. (a) Reimbursement to States; submittal of plans to Commissioner; statement of purpose; guidelines: publication and republication in Federal Register, submittal to President of Senate and Speaker of House; new guidelines; resolution of disapproval. (1) Any State desiring to develop a plan for a program of financial assistance to local educational agencies in that State to assist such agencies in the provision of free public education may, upon application therefor, be reimbursed for the development or administration of such a plan in accordance with the provisions of this section. Each plan developed pursuant to, or which meets the requirements of, this section shall be submitted to the Commissioner not later than July 1, 1977, and shall, subject to the provisions of this section, be consistent with the guidelines developed pursuant to paragraph (3).

State, as a provision of its plan, states the reasons for each such rejection.

Such plan shall be designed to implement a program of State aid for free public education

(A) which is consistent with such standards as may be required by the fourteenth article of amendment to the Constitution; and

(B) the primary purpose of which is to achieve equality of educational opportunity for all children in attendance at the schools of the local educational agencies of the State.

(2) The Commissioner shall develop guidelines defining the principles set forth in clauses (A) and (B) of paragraph (1). Not later than April 1, 1975, the Commissioner shall publish such guidelines in the Federal Register and submit such guidelines to the President of the Senate and the Speaker of the House of Representatives.

(3) During the sixty-day period following such publication, the Commissioner shall provide interested parties with an opportunity to present views and make recommendations with respect to such guidelines. Not later than July 1, 1975, the Commissioner shall (A) republish such guidelines in the Federal Register, together with any amendments thereto as may be merited and (B) publish in the Federal Register a summary of the views and recommendations presented by interested parties under the preceding sentence, together with the comments of the Commissioner respecting such views and recommendations.

(4) (A) The guidelines published in accordance with paragraph (3), together with any amendments, shall, not later than July 1, 1975, be submitted to the President of the Senate and the Speaker of the House of Representatives. If either the Senate or the House of Representatives adopts, prior to December 1, 1975, a resolution of disapproval of such guidelines, the Commissioner shall, prior to December 15, 1975, publish new guidelines. Such new guidelines shall take into consideration such views and policies as may be made in connection with such resolution and shall become effective thirty days after such publication.

(B) A resolution of disapproval under this paragraph may be in the form of a resolution of either the Senate or the House of Representatives or such resolution may be in the form of a concurrent resolution of both Houses. If such a resolution of disapproval is in the form of a concurrent resolution, the new guidelines published in accordance with the second sentence of subparagraph (A) of this paragraph shall be consistent with such policies as may be established by such concurrent resolution.

(C) If each of the Houses adopts a separate resolution with respect to guidelines submitted in accordance with this paragraph for any year and in connection therewith makes policy statements which differ substantially, then such differences may be resolved by the adoption of a concurrent resolution by both Houses. Any such concurrent resolution shall be deemed to be adopted in accordance with subparagraph (B).

(b) Guidelines; reasons for State rejection.

Any State developing a plan pursuant to this section may reject any guidelines developed and published under subsection (a) of this section if such 61-764 0-76-vol. 2-5

(c) Reimbursement to States; limitation; "State" defined.

(1) Each State that develops a plan under this section shall be reimbursed for the reasonable amounts expended by the State in the development or administration of such a plan based upon the ratio of the population of that State to the population of all States except that no State shall receive less than $100,000 and no State shall receive more than $1,000,000.

(2) For the purposes of this section the term "State" means the fifty States. (Pub. L. 93-380, title VIII, § 842, Aug. 21, 1974, 88 Stat. 610.)

CODIFICATION

Section was enacted as a part of Education Amendments of 1974, and not as part of Educational Agencies Financial Aid Act, which is classified to this chapter.

EFFECTIVE DATE

Section effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93-380, set out as a note under section 241b of this title.

Chapter 15.-STUDIES AND RESEARCH ON PROBLEMS IN EDUCATION

SS 331 to 332b. Omitted.

Section 331, acts July 26, 1954, ch. 576, § 1, 68 Stat. 533; Apr. 11, 1965, Pub. L. 89-10, title IV, § 401, 79 Stat. 44, related to Congressional declaration of purpose.

Section 331a, act July 26, 1954, ch. 576, § 2, as added Apr. 11, 1965, Pub. L. 89-10, title IV, § 401, 79 Stat. 44, and amended Nov. 3, 1966, Pub. L. 89-750, title I, § 141, 80 Stat. 1202; Jan. 2, 1968, Pub. L. 90-247, title VII, § 706, 81 Stat. 820; Apr. 13, 1970, Pub. L. 91-230, title I, § 143 (c), title VIII, §§ 808, 809 (c), 84 Stat. 151, 193, 194; June 23, 1972, Pub. L. 92-318, title III, § 303(a)(1), 86 Stat. 333, authorized grants, contracts, and jointly financed arrangements for exemplary projects and management studies, provided for an annual report to Congress, and provided for establishment of an Advisory Council on Research and development, its membership, and appointment of a Chairman.

Section 332, act July 26, 1954, ch. 576, § 3, formerly 2, 68 Stat. 533, renumbered and amended Apr. 11, 1965, Pub. L. 89-10, title IV, §§ 401, 402, 79 Stat. 44, 46; June 23, 1972, Pub. L. 92-318, title III, § 303 (a) (2), 86 Stat. 333, authorized appropriations for fiscal years ending June 30, 1973, 1974, and 1975 of $58,000,000; $68,000,000; and $78,000,000 respectively.

Section 332a, act July 26, 1954, ch. 576, § 4, as added Apr. 11, 1965, Pub. L. 89-10, title IV, § 403, 79 Stat. 46, and amended Nov. 3, 1966, Pub. L. 89-750, title I, § 142, 80 Stat. 1203; Apr. 13, 1970, Pub. L. 91-230, title IV, § 401 (g) (2), title VIII, § 810, 84 Stat. 174, 194, related to construction of regional facilities, authorizing appropriation of $100,000,000 in the aggregate for fiscal years ending June 30, 1966, through 1970, in subsec. (a); subsec. (b) relating to findings of Commissioner, grants for construction, transfer of title, and operation of facility; subsec. (c), as originally enacted, relating to labor standards; subsec. (d) relating to methods of payment, and subsec. (e) defining "research and related purposes".

Section 332b, act July 26, 1954, ch. 576, § 5, as added Apr. 11, 1965, Pub. L. 89-10, title IV, § 403, 79 Stat. 47, and amended Nov. 3, 1966, Pub. L. 89-750, title I, § 143, 80 Stat. 1203, provided for definitions of "State", "State educational agency", "nonprofit", and "construction" and "cost of construction".

Sections constituted the Cooperative Research Act and terminated on and after July 1, 1975, under provisions of section 402 (c) (1) of Pub. L. 93-380. See provisions of Special Projects Act, section 1851 et seq. of this title.

(5) "Public library" means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library which—

(A) makes its services available to the public free of charge;

(B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries;

(C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and

(D) is not an integral part of an institution of higher education.

(As amended Oct. 19, 1973, Pub. L. 93-133, § 4(a), 87 Stat. 466.)

AMENDMENTS

1973-Par. (5) Pub. L. 93-133 expanded the definition of "Public library" to include research libraries.

EFFECTIVE DATE OF 1973 AMENDMENT Section 4(b) of Pub. L. 93-133 provided that: "The amendment made by subsection (a) [amending par. (5) of this section] shall be effective on June 30, 1973, and only with respect to appropriations for fiscal years beginning after such date."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351d, 351e of this title.

§ 351b. Authorization of appropriations; availability of appropriations.

(a) For the purpose of carrying out the provisions of this chapter the following sums are authorized to be appropriated:

*

(4) For the purpose of making grants to States to enable them to carry out public library service programs for older persons authorized by subchapter IV of this chapter, there are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, the fiscal year ending June 30, 1975, and the fiscal year ending June 30, 1976.

(As amended May 3, 1973, Pub. L. 93-29, title VIII, § 801(b), 87 Stat. 58.)

AMENDMENTS

1973-Subsec. (a) (4). Pub. L. 93-29 added par. (4).

EFFECTIVE DATE OF 1973 AMENDMENT

Subsec. (a) (4) of this section effective after June 30, 1973, see section 801 (e) of Pub. L. 93-29, set out as a note under section 361 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351c, 351e, 352, 353, 354, 355c, 355e-1, 355e-2, 362, 363 of this title.

§ 351c. Allotments to States; minimum allotment; population basis for distribution of remaining funds; reallotment.

(a) (1) From the sums appropriated pursuant to paragraph (1), (2), (3), or (4) of section 351b(a) of this title for any fiscal year, the Commissioner shall allot the minimum allotment, as determined under paragraph (3) of this subsection, to each State. Any sums remaining after minimum allotments have been made shall be allotted in the manner set forth in paragraph (2) of this subsection.

(2) From the remainder of any sums appropriated pursuant to paragraph (1), (2), (3), or (4) of section 351b(a) of this title for any fiscal year, the Commissioner shall allot to each State such part of such remainder as the population of the State bears to the population of all the States.

(3) For the purposes of this subsection, the "minimum allotment" shall be

(A) with respect to appropriations for the purposes of subchapter I of this chapter, $200,000 for each State, except that it shall be $40,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands;

(B) with respect to appropriations for the purposes of subchapter II of this chapter, $100,000 for each State, except that it shall be $20,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands;

(C) with respect to appropriations for the purposes of subchapter III of this chapter, $40,000 for each State, except that it shall be $10,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; and

(D) with respect to appropriations for the purposes of subchapter IV of this chapter, $40,000 for each State, except that it shall be $10,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

If the sums appropriated pursuant to paragraph (1), (2), (3), or (4) of section 351b(a) of this title for any fiscal year are insufficient to fully satisfy the aggregate of the minimum allotments for that purpose, each of such minimum allotments shall be reduced ratably.

(4) The population of each State and of all the States shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him.

(5) There is hereby authorized for the purpose of evaluation (directly or by grants or contracts) of