United States Code

board, with the approval of the Department of Education, as the minimum requirements for such education in schools and classes in the State; that the amount expended for the maintenance of such education in any school or class receiving the benefit of such appropriation shall be not less annually than the amount fixed by the State board, with the approval of the Department of Education, as the minimum for such schools or classes in the State; that such schools shall provide for directed or supervised practice in agriculture, either on a farm provided for by the school or other farm, for at least six months per year; that the teachers, supervisors, or directors of agricultural subjects shall have at least the minimum qualifications determined for the State by the State board, with the approval of the Department of Education.

(Feb. 23, 1917, ch. 114, § 10, 39 Stat. 934; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title III, § 301, title V, § 507, 93 Stat. 677, 692.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this Act", meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

TRANSFER OF FUNCTIONS

"Department of Education” was substituted for "Department of Health, Education, and Welfare" in text pursuant to sections 301 and 507 of Pub. L. 96-88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of the Department of Health, Education, and Welfare to the Department of Education.

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Interior Department under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to the Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 the abolishment of the Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 18 of this title. § 21. Plans by State boards; use of appropriations; trade, home economics, and industrial subjects

In order to receive the benefits of the appropriation for the salaries of teachers of trade, home economics, and industrial subjects the State board of any State shall provide in its plan for trade, home economics, and industrial education that such education shall be given in schools or classes under public supervision or

control; that the controlling purpose of such education shall be to fit for useful employment; that such education shall be of less than college grade and shall be designed to meet the needs of persons over fourteen years of age who are preparing for a trade or industrial pursuit or who have entered upon the work of a trade or industrial pursuit; that the State or local community, or both, shall provide the necessary plant and equipment determined upon by the State board, with the approval of the Department of Education, as the minimum requirement in such State for education for any given trade or industrial pursuit; that the total amount expended for the maintenance of such education in any school or class receiving the benefit of such appropriation shall be not less annually than the amount fixed by the State board, with the approval of the Department of Education, as the minimum for such schools or classes in the State; that such schools or classes giving instruction to persons who have not entered upon employment shall require that at least half of the time of such instruction be given to practical work on a useful or productive basis, such instruction to extend over not less than nine months per year and not less than thirty hours per week; that at least onethird of the sum appropriated to any State for the salaries of teachers of trade, home economics, and industrial subjects shall, if expended, be applied to part-time schools or classes for workers over fourteen years of age who have entered upon employment, and such subjects in a part-time school or class may mean any subject given to enlarge the civic or vocational intelligence of such workers over fourteen and less than eighteen years of age; that such parttime schools or classes shall provide for not less than one hundred and forty-four hours of classroom instruction per year; that evening industrial schools shall fix the age of sixteen years as a minimum entrance requirement and shall confine instruction to that which is supplemental to the daily employment; that the teachers of any trade or industrial subject in any State shall have at least the minimum qualifications for teachers of such subject determined upon for such State by the State board, with the approval of the Department of Education. For cities and towns of less than twenty-five thousand population, according to the last preceding United States census, the State board, with the approval of the Department of Education, may modify the conditions as to the length of course and hours of instruction per week for schools and classes giving instruction to those who have not entered upon employment, in order to meet the particular needs of such cities and towns.

(Feb. 23, 1917, ch. 114, § 11, 39 Stat. 934; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692.)

TRANSFER OF FUNCTIONS

"Department of Education" was substituted for "Department of Health, Education, and Welfare" in text pursuant to sections 301 and 507 of Pub. L. 96-88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of the Department of Health, Education, and Welfare to the Department of Education.

In order for any State to receive the benefits of the appropriation in this chapter for the training of teachers, supervisors, or directors of agricultural subjects, or of teachers of trade, industrial or home economics subjects, the State board of such State shall provide in its plan for such training that the same shall be carried out under the supervision of the State board; that such training shall be given in schools or classes under public supervision or control; that such training shall be given only to persons who have had adequate vocational experience or contact in the line of work for which they are preparing themselves as teachers, supervisors, or directors, or who are acquiring such experience or contact as a part of their training; and that the State board, with the approval of the Department of Education, shall establish minimum requirements for such experience or contact for teachers, supervisors, or directors of agricultural subjects and for teachers of trade, industrial, and home economics subjects; that not more than 60 per centum nor less than 20 per centum of the money appropriated under this chapter for the training of teachers of vocational subjects to any State for any year shall be expended for any one of the following purposes: For the preparation of teachers, supervisors, or directors of agricultural subjects, or the preparation of teachers of trade and industrial subjects, or the preparation of teachers of home economics subjects.

(Feb. 23, 1917, ch. 114, § 12, 39 Stat. 935; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this Act", meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title.

Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

TRANSFER OF FUNCTIONS

"Department of Education" was substituted for "Department of Health, Education, and Welfare” in text pursuant to sections 301 and 507 of Pub. L. 96-88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of the Department of Health, Education, and Welfare to the Department of Education.

§ 23. State custodians of funds appropriated

In order to secure the benefits of the appropriations for the salaries of teachers, supervisors, or directors of agricultural subjects, or for the salaries of teachers of trade, home economics, and industrial subjects, or for the training of teachers as provided in this chapter, any State shall, through the legislative authority thereof, appoint as custodian for said appropriations its State treasurer, who shall receive and provide for the proper custody and disbursements of all money paid to the State from said appropriations.

(Feb. 23, 1917, ch. 114, § 13, 39 Stat. 935.)

REFERENCES IN TEXT

§ 24. Supervision of expenditures by States; quarterly payments to States

The Department of Education shall annually ascertain whether the several States are using, or are prepared to use, the money received by them in accordance with the provisions of this chapter. On or before the first day of January of each year the Department of Education shall certify to the Secretary of the Treasury each State which has accepted the provisions of this chapter and complied therewith, certifying the amounts which each State is entitled to receive under the provisions of this chapter. Upon such certification the Secretary of the Treasury shall pay quarterly to the custodian for vocational education of each State the moneys to which it is entitled under the provisions of this chapter. The moneys so received by the custodian for vocational education for any State shall

be paid out on the requisition of the State board as reimbursement for expenditures already incurred to such schools as are approved by said State board and are entitled to receive such moneys under the provisions of this chapter.

(Feb. 23, 1917, ch. 114, § 14, 39 Stat. 935; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title III, § 301, title V, § 507, 93 Stat. 677, 692.)

REFERENCES IN TEXT

TRANSFER OF FUNCTIONS

§ 25. Deductions from allotments when preceding allotments have not been expended

Whenever any portion of the fund annually allotted to any State has not been expended for the purpose provided for in this chapter, a sum equal to such portion shall be deducted by the Department of Education from the next succeeding annual allotment from such fund to such State.

(Feb. 23, 1917, ch. 114, § 15, 39 Stat. 936; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692.)

REFERENCES IN TEXT

TRANSFER OF FUNCTIONS

§ 26. Withholding allotments

The Department of Education may withhold the allotment of moneys to any State whenever it shall be determined that such moneys are not being expended for the purposes and under the conditions of this chapter.

If any allotment is withheld from any State, the State board of such State may appeal to the Congress of the United States, and if the Congress shall not direct such cum to be paid it shall be covered into the Treasury.

(Feb. 23, 1917, ch. 114, § 16, 39 Stat. 936; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title III, § 301, title V, § 507, 93 Stat. 677, 692.)

REFERENCES IN TEXT

TRANSFER OF FUNCTIONS

"Department of Education" was substituted for "Department of Health, Education, and Welfare' in text pursuant to sections 301 and 507 of Pub. L. 96-88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of the Department of Health, Education, and Welfare to the Department of Education.

Transfer of functions of Federal Board for Vocational Education to Interior Department under Ex. Ord.

No. 6166, set out as a note under section 901 of Title 5, and from there to the Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 the abolishment of the Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title. § 27. Loss of funds; replacing; limitation on use

If any portion of the moneys received by the custodian for vocational education of any State under this chapter, for any given purpose named in this chapter, shall, by any action or contingency, be diminished or lost, it shall be replaced by such State, and until so replaced no subsequent appropriation for such education shall be paid to such State. No portion of any moneys appropriated under this chapter for the benefit of the States shall be applied, directly or indirectly, to the purchase, erection, preservation, or repair of any building or buildings or equipment, or for the purchase or rental of lands, or for the support of any religious or privately owned or conducted school or college. (Feb. 23, 1917, ch. 114, § 17, 39 Stat. 936.)

REFERENCES IN TEXT

§ 28. Reports to Congress by Department of Education

The Department of Education shall make an annual report to Congress, on or before December 1, on the administration of this chapter and shall include in such report the reports made by the State boards on the administration of this chapter by each State and the expenditure of the money allotted to each State.

(Feb. 23, 1917, ch. 114, § 18, 39 Stat. 936; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title III, § 301, title V, § 507, 93 Stat. 677, 692.)

REFERENCES IN TEXT

TRANSFER OF FUNCTIONS

al Security Agency and the office of Administrator were abolished by section 8 of Reorg. Plan No. 1 of 1953.

CROSS REFERENCES

Department of Education, submission of State board reports to, see section 18 of this title.

§ 29. Repealed. Pub. L. 86-624, § 14(b)(1), July 12, 1960, 74 Stat. 413

Section, act Mar. 10, 1924, ch. 46, § 4, 43 Stat. 18, extended the benefits of this chapter to the Territory of Hawaii.

EFFECTIVE DATE OF REPEAL

Repeal of section applicable in the case of fiscal years beginning after June 30, 1960, see section 47(c) of Pub. L. 86-624, set "t as an Effective Date of 1960 Amendment note under section 12 of this title.

§§ 30 to 34. Repealed. Pub. L. 90-576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091

Section 30, acts Mar. 3, 1931, ch. 404, § 1, 46 Stat. 1489; May 17, 1932, ch. 190, 47 Stat. 158, extended to Puerto Rico the benefits of sections 11 to 15, 16, and 18 to 28 of this title.

Section 31, act Mar. 18, 1950, ch. 71, § 1, 64 Stat. 27, extended to the Virgin Islands the benefits of the Vocational Education Act of 1946 (sections 151 to 15m, 150 to 15q, 15aa to 15jj, and 15aaa to 15ggg of this title).

Section 32, act Mar. 18, 1950, ch. 71, § 2, 64 Stat. 27; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, authorized the distribution of funds to the Virgin Islands.

Section 33, act Mar. 18, 1950, ch. 71, § 3, 64 Stat. 27; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set conditions governing the use and payment of funds in the Virgin Islands.

Section 34, act Aug. 1, 1956, ch. 852, § 9, 70 Stat. 909, extended to Guam the benefits of the Vocational Education Act of 1946.

EFFECTIVE DATE OF REPEAL

Section 103 of Pub. L. 90-576 provided in part that the repeal of sections 30 to 34 by Pub. L. 90-576 is effective July 1, 1969.

88 35 to 35n. Omitted

CODIFICATION

Sections 35, 35 note, and 35a to 35n, which were enacted by Part A of Pub. L. 88-210, §§ 1 to 10, 12 to 17, Dec. 18, 1963, 77 Stat. 403 to 415, to be known as the "Vocational Education Act of 1963" were omitted in the general reorganization of Pub. L. 88-210 by Pub. L. 90-576, title I, § 101, Oct. 16, 1968, 82 Stat. 1064, which redesignated such Part A as title I of Pub. L. 88-210 and, as so redesignated, completely reorganized such title I and authorized its citation as the "Vocational Education Act of 1963". Such act, as redesignated and reorganized, was classified to section 1241 et seq. of this title.

Section 35, Pub. L. 88-210, § 1, Dec. 18, 1963, 77 Stat. 403, set out the Congressional declaration of policy as to sections 35 to 35n of this title.

Section 35 note, Pub. L. 88-210, § 17, Dec. 18, 1963, 77 Stat. 415, named sections 1 to 17 of Pub. L. 88-210

the "Vocational Education Act of 1963". See Short Title note set out under section 2301 of this title. Section 35a, Pub. L. 88-210, § 2, Dec. 18, 1963, 77 Stat. 403, authorized annual appropriations.

Sec.

56. 57.

Disposal of unappropriated money. Disbursements.

58.

59.

Section 35b, Pub. L. 88-210, § 3, Dec. 18, 1963, 77 Stat. 403, covered the determination of the allotment to be made to each State of the sums appropriated under section 35a of this title.

Section 35c, Pub. L. 88-210, § 4, Dec. 18, 1963, 77 Stat. 405, set out the allowable uses for allotments.

Section 35d, Pub. L. 88-210, § 5, Dec. 18, 1963, 77 Stat. 405, set out the requisite elements of the State plan and covered the designation of the State board and State advisory council, policy and procedure for allocation of allotment, qualifications of persons under the plan, arrangements with public employment offices, accounting and fiscal control, labor standards, and reports.

Section 35e, Pub. L. 88-210, § 6, Dec. 18, 1963, 77 Stat. 407, set the conditions for payments to States.

Section 35f, Pub. L. 88-210, §7, Dec. 18, 1963, 77 Stat. 408, provided for the application of labor standards under the Davis-Bacon Act (40 U.S.C. 276a to 276a-5) to construction projects assisted under sections 35 to 35n of this title.

Section 35g, Pub. L. 88-210, § 8, Dec. 18, 1963, 77 Stat. 408, defined terms used in sections 35 to 35n of this title.

Section 35h, Pub. L. 88-210, § 9, Dec. 18, 1963, 77 Stat. 410, established the Advisory Committee on Vocational Education.

Section 351, Pub. L. 88-210, § 10, Dec. 18, 1963, 77 Stat. 410, covered the uses of allotments obtained under other statutes.

Section 35j, Pub. L. 88-210, § 12, Dec. 18, 1963, 77 Stat. 411, established the Advisory Council on Vocational Education.

Section 35k, Pub. L. 88-210, § 13, Dec. 18, 1963, 77 Stat. 412, provided for the creation and funding of work-study programs.

Section 354, Pub. L. 88-210, § 14, Dec. 18, 1963, 77 Stat. 414, authorized grants for residential vocational education schools.

Section 35m, Pub. L. 88-210, § 15, Dec. 18, 1963, 77 Stat. 415, authorized appropriations for work-study and residential schools.

Section 35n, Pub. L. 88-210, § 16, Dec. 18, 1963, 77 Stat. 415, prohibited statutory construction authorizing Federal direction, supervision, or controls of programs under sections 35 to 35n of this title.

60.

Annual report of salaries.

Collections of National Ocean Survey, Geological Survey, and others deposited in National Museum.

Army articles furnished to National Museum.

73.

74.

74a.

75.

Designation of site.

Additions; payment of construction costs

from trust funds.

Status of completed addition.

Board of Trustees.

(a) Establishment.

(b) Method of selection; term of office. Acceptance of gift from A. W. Mellon. Maintenance.

(a) Pledge of funds for upkeep; authorization of appropriations.

(b) Acceptance of gifts and other property; investment of funds.

(d) Review of actions of board.

Permanent loan of funds by Board of Trustees to Treasury; semiannual interest payments to Board.

Authority and functions of the board.

(a) Official seal; bylaws, rules, and regu

Creation of National Portrait Gallery Commission; members; functions; powers.

Acceptance of gifts; title to property.

Powers of Board.

Director; appointment and compensation; officers and employees.

Authorization of appropriations.

SUBCHAPTER IV-SMITHSONIAN GALLERY OF

ART

Functions of Regents.

(a) Solicitation of construction funds.
(b) Construction of building.

control.

Policy to foster appreciation of past and contemporary art.

(a) Solicitations of private donations. (b) Solicitation of funds to acquire and sell works of art; employ artists, award scholarships, etc. Donations of works of art from Government agencies.

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United States Code, Volume 8