Section 1135b-6, Pub. L. 89-329, title X, § 1057, as added Pub. L. 92-318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 319, authorized program grants for State occupational education programs and set forth criteria for State administration of grants.

Section 1135b-7, Pub. L. 89-329, title X, § 1058, as added Pub. L. 92-318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 320, set forth prerequisites and procedures for program grants by the Commissioner and provided for judicial review of actions of Commissioner.

Section 1135b-8, Pub. L. 89-329, title X, § 1059, as added Pub. L. 92-318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 321, authorized technical assistance to the States by the Commissioner and the establishment of model programs.

Section 1135b-9, Pub. L. 89-329, title X, § 1060, as added Pub. L. 92-318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 322, defined the terms "State" and "postsecondary occupational education" for purposes of occupational education programs.

EFFECTIVE DATE OF REPEAL

Section 176(d) of Pub. L. 94-482 provided in part that part B of title X of the Higher Education Act [sections 1135b to 1135b-9 of this title] is repealed effective Sept. 30, 1977.

Section 204(c)(2) of Pub. L. 94-482 provided in part that part B of title X of the Higher Education Act [sections 1135b to 1135b-9 of this title] is repealed effective Oct. 1, 1977.

§ 1135c. Repealed. Pub. L. 94-482, title II, § 204(c)(3), Oct. 12, 1976, 90 Stat. 2215

Section, Pub. L. 89-329, title X, § 1021, formerly § 1071, as added Pub. L. 92-318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 322, established the Bureau of Occupational and Adult Education and set forth the functions, personnel etc., of the Bureau. See section 2390 of this title. Subsequent to repeal, this section was renumbered section 1021 of Pub. L. 89-329 and amended by deleting "this title" by Pub. L. 96-374, title X, § 1001(b), Oct. 3, 1980, 94 Stat. 1491.

EFFECTIVE DATE OF REPEAL

Pub. L. 94-482, § 204(c)(3), provided that this section is repealed effective Oct. 1, 1977.

§ 1135c-1. Community College Unit

(a) Establishment

There is established, in the Department of Education, a Community College Unit (in this section referred to as the "Unit") which shall have the responsibility for coordinating all programs administered by the Secretary which affect, or can benefit, community colleges, including such programs assisted under this chapter, and the Vocational Education Act of 1963 [20 U.S.C. 2301 et seq.).

(b) Director

The Unit shall be headed by a Director who shall be placed in grade 17 of the General Schedule under section 5332 of title 5.

(Pub. L. 89-329, title X, § 1022, formerly § 1072, as added Pub. L. 92-318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 323, and amended Pub. L. 96-88, title III, § 301(b)(2), Oct. 17, 1979, 93 Stat. 678, renumbered and amended Pub. L. 96-374, title X, § 1001(b)(1), title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1491, 1503.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 89-329. For com

plete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

The Vocational Education Act of 1963, referred to in subsec. (a), is title I of Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 403, as amended, which was classified to chapter 38 (§ 1241 et seq.) of this title, was completely amended and reorganized by the Education Amendments of 1976, Pub. L. 94-482, title II, § 202(a), Oct. 12, 1976, 90 Stat. 2169, and is classified generally to chapter 44 (§ 2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. For additional details, see, also, the Codification note preceding section 1241 of this title.

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-374, § 1391(a)(1), substituted "Secretary" for "Commissioner".

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96-374, set out as an Effective Date of 1980 Amendment note under section 1001 of this title.

TRANSFER OF FUNCTIONS

"Department of Education" was substituted for "Office of Education" in subsec. (a) pursuant to section 301(b)(2) of Pub. L. 96-88, which is classified to section 3441(b)(2) of this title and which transferred the Office of Education including the Community College Unit to the Department of Education.

For authority of Secretary of Education to consolidate, alter, or discontinue the Community College Unit, or to reallocate any functions vested by statute in the Unit, see section 413 of Pub. L. 96-88, which is classified to section 3473 of this title.

COMMUNITY COLLEGE UNIT OF DEPARTMENT OF
EDUCATION; ADDITIONAL POSITIONS

Section 186(a)(2) of Pub. L. 92-318 provided that positions created by section 1071 and section 1072 of the Higher Education Act of 1965, sections 1135c and 1135c-1 of this title, shall be in addition to the number of positions placed in the appropriate grades under section 5108, title 5, United States Code.

SUBCHAPTER XI-URBAN GRANT UNIVERSITY PROGRAM

CODIFICATION

Title XI of the Higher Education Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89-329, title XI, as added Pub. L. 90-575, title II, § 281, Oct. 16, 1968, 82 Stat. 1048, and amended Pub. L. 92-318, June 23, 1972, 86 Stat. 235; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 96-49, Aug. 13, 1979, 93 Stat. 351. Such title is shown herein, however, as having been added by Pub. L. 96-374, title XI, § 1101, Oct. 3, 1980, 94 Stat. 1491, without reference to such intervening amendments because of the extensive revision of the title's provisions by Pub. L. 96-374.

§ 1136. Congressional findings and declaration of purpose

(a) The Congress finds and declares

(1) that there exists within the Nation's urban universities an underutilized reservoir of skills, talents, and knowledge applicable toward the amelioration of the multitude of problems that face the Nation's urban centers;

(2) that the skills, talents, and knowledge of urban universities must be applied in a systematic and sustained manner to make a sig

nificant contribution toward the solution of these problems;

(3) that the application of the skills, talents, and knowledge of urban universities is hindered by the limited funds available to sustain their commitment; and

(4) that it is the policy of the United States to encourage and facilitate the application of the skills, talents, and knowledge of urban universities toward serving the needs of urban centers of the Nation.

(b) The Secretary shall carry out programs in accordance with the provisions of this subchapter, for the purpose of aiding urban universities to help find answers to urban problems, and aiding such universities to make their resources more readily and effectively available to the urban communities in which they are located.

(Pub. L. 89-329, title XI, § 1101, as added Pub. L. 96-374, title XI, § 1101, Oct. 3, 1980, 94 Stat. 1491.)

PRIOR PROVISIONS

A prior section 1136, Pub. L. 89-329, title XI, § 1101, as added Pub. L. 90-575, title II, § 281, Oct. 16, 1968, 82 Stat. 1048, and amended Pub. L. 92-318, title I, § 191(a), (b), June 23, 1972, 86 Stat. 323, which authorized a program for grants and contracts covering the establishment of a law school clinical experiences regimen, was omitted in the general revision of this subchapter by Pub. L. 96-374.

EFFECTIVE DATE

Subchapter effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96-374, set out as an Effective Date of 1980 Amendment note under section 1001 of this title.

§ 1136a. Authorization of appropriations

(a) Fiscal years 1981 through 1985

For the purpose of carrying out the provisions of this subchapter there is authorized to be appropriated $15,000,000 for fiscal year 1981, $25,000,000 for fiscal year 1982, $35,000,000 for fiscal year 1983, $45,000,000 for fiscal year 1984, and $55,000,000 for fiscal year 1985.

(b) Funds for multiple-year grants

In the event of a multiple-year grant to any urban university under this subchapter, the Secretary shall make funds available for such grant from funds appropriated for this subchapter for the fiscal year in which such funds are to be used by the recipient.

(Pub. L. 89-329, title XI, § 1102, as added Pub. L. 96-374, title XI, § 1101, Oct. 3, 1980, 94 Stat. 1491.)

PRIOR PROVISIONS

A prior section 1136a, Pub. L. 89-329, title XI, § 1102, as added Pub. L. 90-575, title II, § 281, Oct. 16, 1968, 82 Stat. 1048, and amended Pub. L. 92-318, title I, § 191(a), June 23, 1972, 86 Stat. 323, which related to the required applications for participation in the law school clinical experiences program was omitted in the general revision of this subchapter by Pub. L. 96-374. § 1136b. Project assistance (a) Grant authority

(1) The Secretary shall make grants to urban universities to pay the Federal share of the cost

of carrying out projects consistent with the purposes of this subchapter.

(2) The Secretary shall give priority to applications containing cooperative arrangements between urban universities within an urban area.

(b) Application for grant; factors considered

An application submitted under this section shall contain provisions designed to show that the chief executive of the local agency or agencies of general government within whose jurisdiction fall the need or needs to be addressed by the project or projects described has been afforded a reasonable opportunity to review and comment upon the proposed project or projects. In making grants under this subchapter, the Secretary shall consider the degree to which there is evidence in the application of (1) the participation of such local agency or agencies of general government and of the community in the development of the project or projects for which assistance is requested under this section; (2) local government and community participation in the implementation of the proposed project or projects; and (3) a commitment by such local agency or agencies of general government to pay the portion of the nonFederal share of the cost of such project or projects required by subsection (d) of this section. Not more than one-half of such non-Federal share may be in the form of services, supplies, or equipment.

(c) Advice of other Federal agencies

The Secretary may request the advice of any Federal agency the Secretary considers appropriate before approving an application for project assistance under this section.

(d) Percentage of project cost

Each grant under this section shall be 90 per centum of the cost of the project for which assistance is granted.

(e) Designation as urban grant university

An institution of higher education which receives a grant under this section shall be designated by the Secretary as an "urban grant university". The Secretary shall annually publish a list of the institutions of higher education which have been so designated.

(Pub. L. 89-329, title XI, § 1103, as added Pub. L. 96-374, title XI, § 1101, Oct. 3, 1980, 94 Stat. 1492.)

PRIOR PROVISIONS

A prior section 1136b, Pub. L. 89-329, title XI, § 1103, as added Pub. L. 90-575, title II, § 281, Oct. 16, 1968, 82 Stat. 1049, and amended Pub. L. 92-318, title I, § 191(c), June 23, 1972, 86 Stat. 323; Pub. L. 94-482, title I, § 172, Oct. 12, 1976, 90 Stat. 2164; Pub. L. 96-49, § 11, Aug. 13, 1979, 93 Stat. 354, which authorized appropriations for the law school clinical experiences program, was omitted in the general revision of this subchapter by Pub. L. 96-374.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1136c of this title.

§ 1136c. Limitation

(a) Total payments within any one State

The total amount of payments in any fiscal year under section 1136b of this title to institutions within any one State shall not exceed 15 per centum of the total amount paid. (b) Geographical distribution

In allocating assistance under section 1136b of this title, the Secretary shall endeavor to achieve broad and equitable geographical distribution throughout the Nation.

(Pub. L. 89-329, title XI, § 1104, as added Pub. L. 96-374, title XI, § 1101, Oct. 3, 1980, 94 Stat. 1492.)

§ 1136d. Definitions

As used in this subchapter

(1) "urban area" means a standard metropolitan statistical area having a population of not less than five hundred thousand persons; or, in any State which has no standard metropolitan statistical area within its borders which has such a population, the entity of the State having an agreement under section 1143 of this title may, or if no such entity has an agreement, the Secretary shall designate one urban area for the purposes of this part; (2) “urban university” means an institution of higher education which (A) is located in an urban area, (B) draws a substantial portion of its undergraduate students from the urban area in which it is located or contiguous urban areas, (C) carries out programs to make postsecondary education opportunities more accessible to residents of such urban area or contiguous areas, (D) has the present capacity to provide resources responsible to the needs and priorities of such urban area and contiguous areas, (E) offers a range of professional or graduate programs sufficient to sustain its capacity to provide such resources, and (F) has demonstrated and sustained a sense of responsibility to such urban area and contiguous areas and its people;

(3) for the purposes of paragraphs (2) and (4) of this section, “institution of higher education" includes any combination of such institutions, any one of which meets all the qualifications of paragraph (2); and

(4) "resources" are programs of institutions of higher education including specialized training, research services, and technical assistance responsible to the needs and priorities of the urban area and contiguous areas. (Pub. L. 89-329, title XI, § 1105, as added Pub. L. 96-374, title XI, § 1101, Oct. 3, 1980, 94 Stat. 1492.)

SUBCHAPTER XII-GENERAL

§ 1141. Definitions

PROVISIONS

As used in this chapter

(a) The term "institution of higher education" means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the

recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, (4) is a public or other nonprofit institution, and (5) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, (A) is an institution with respect to which the Secretary has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (B) is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. Such term also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (1), (2), (4), and (5). Such term also includes a public or nonprofit private educational institution in any State which, in lieu of the requirement in clause (1), 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. For purposes of this subsection, the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered.

(b) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

(c) The term "nonprofit" as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(d) The term "secondary school" means a school which provides secondary education as determined under State law except that it does not include any education provided beyond grade 12.

(e) The term "Secretary" means the Secretary of Education.

(f) Repealed. Pub. L. 96-374, title XIII, § 1391(b)(2), Oct. 3, 1980, 94 Stat. 1504.

(g) 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 direc

tion 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 also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(h) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(i) The term "elementary school" means a school which provides elementary education including education below grade 1, as determined under State law.

(j) The term "combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on their behalf.

(k) The term "gifted and talented children" means, in accordance with objective criteria prescribed by the Secretary, children who have outstanding intellectual ability or creative talent.

(1) The term "school or department of divinity" means an institution or a department or a branch of an institution the program of instruction of which is designed for the education of students (A) to prepare them to become ministers of religion or to enter upon some other religious vocation (or to provide continuing training for any such vocation), or (B) to prepare them to teach theological subjects.

(m) The term "Department" means the Department of Education.

(Pub. L. 89-329, title XII, § 1201, formerly title VIII, § 801, Nov. 8, 1965, 79 Stat. 1269, renumbered and amended Pub. L. 90-575, title II, §§ 251, 293, 294, Oct. 16, 1968, 82 Stat. 1042, 1050, 1051; Pub. L. 91-230, title VIII, § 806(b), Apr. 13, 1970, 84 Stat. 192; Pub. L. 92-318, title I, § 131(d)(1), June 23, 1972, 86 Stat. 260; Pub. L. 94-482, title I, § 181(a), formerly § 181, Oct. 12, 1976, 90 Stat. 2167, renumbered Pub. L. 95-43, § 1(b)(7), June 15, 1977, 91 Stat. 218; Pub. L. 95-180, § 1(a), Nov. 15, 1977, 91 Stat. 1372; Pub. L. 96-374, title XIII, § 1391(a)(1), (b), Oct. 3, 1980, 94 Stat. 1503.)

REFERENCES IN TEXT

This chapter, referred to in text, was, in the original, "this Act," meaning Pub. L. 89-329. For complete classification of this Act to this Code, see Short Title note set out under section 1001 of this title and Tables.

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-374, § 1391(a)(1), substituted "Secretary" for "Commissioner" wherever appearing.

Subsec. (e). Pub. L. 96-374, § 1391(b)(1), substituted "Secretary of Education" for "Secretary of Health, Education, and Welfare".

Subsec. (f). Pub. L. 96-374, § 1391(b)(2), struck out subsec. (f) which had defined the term "Commissioner" as meaning the Commissioner of Education.

Subsec. (k). Pub. L. 96-374, § 1391(a)(1), substituted "Secretary" for "Commissioner".

Subsec. (m). Pub. L. 96-374, § 1391(b)(3), added subsec. (m).

1977-Subsec. (b). Pub. L. 95-180 added the government of the Northern Mariana Islands and the Trust Territory of the Pacific Islands to the enumeration of areas included within the term "State".

1976-Subsec. (a). Pub. L. 94-482 added provision relating to public or nonprofit private educational institutions which admit as regular students persons beyond the age of compulsory school attendance.

1972-Subsec. (1). Pub. L. 92-318 added subsec. (1). 1970-Subsec. (k). Pub. L. 91-230 added subsec. (k). 1968-Subsec. (a). Pub. L. 90-575, § 293, denominated existing provisions of cl. (5) as subcl. (B) thereof and added subcl. (A) and, in the provisions following the enumerated five clauses, substituted reference to schools which provide not less than a one-year program of training to prepare students for gainful employment in a recognized occupation for reference to business schools and technical institutions.

Subsec. (j). Pub. L. 90-575, § 294 added subsec. (j) defining "combination of institutions of higher education".

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96-374, set out as an Effective Date of 1980 Amendment note under section 1001 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94-482, set out as an Effective Date of 1976 Amendment note under section 1001 of this title.

RETROACTIVE EFFECT OF 1977 AMENDMENT

Section 1(d) of Pub. L. 95-180 provided that: "Nothing in this Act [amending sections 1088, 1122, 1135, 1135a-1, and 1141 of this title], the Higher Education Act of 1965 [see Short Title note set out under section 1001 of this title], or any other provision of law shall invalidate any payments or other benefits provided under the Higher Education Act of 1965 to an agency or institution in the Trust Territory of the Pacific Islands or to the government of the Northern Mariana Islands prior to the enactment of this Act [Nov. 15, 1977)."

AUTHORITY FOR LIMITATION, SUSPENSION, OR TERMINATION OF ELIGIBILITY OF INSTITUTION OF HIGHER EDUCATION

Section 181(b) of Pub. L. 94-482, as added by Pub. L. 95-43, 1(b)(7), provided that: "Neither the amendment made by subsection (a) of this section [amending subsec. (a) of this section] nor the amendment made to section 435(b)(1) of the Act [section 1085(b)(1) of this title] (by section 127(a) of this Act) shall be construed to authorize terminating the eligibility of an institution which was deemed to be an institution of higher education for purposes of sections 435(b)(1) and 1201(a) [section 1085(b)(1) of this title and subsec. (a) of this section] on the date of enactment of this Act [Oct. 12, 1976]. The preceding sentence of this section shall not be construed to impair the authority of the Commissioner [now Secretary of Education] to limit, suspend, or terminate such eligibility for the

reasons and as provided by section 497 of the Act [section 1088f of this title]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1088, 1098, 2002, 2402 of this title; title 18 section 207; title 25 sections 13, 1801; title 29 sections 631, 1503; title 30 section 1291; title 33 section 1262; title 39 section 3626; title 42 section 3791.

§ 1142. Antidiscrimination requirements for institutions of higher education receiving Federal assistance; exception

Institutions of higher education receiving Federal financial assistance may not use such financial assistance whether directly or indirectly to undertake any study or project or fulfill the terms of any contract containing an express or implied provision that any person or persons of a particular race, religion, sex, or national origin be barred from performing such study, project, or contract, except no institution shall be barred from conducting objective studies or projects concerning the nature, effects, or prevention of discrimination, or have its curriculum restricted on the subject of discrimination, against any such person.

(Pub. L. 89-329, title XII, § 1202, formerly § 1207, as added Pub. L. 94-482, title I, § 182, Oct. 12, 1976, 90 Stat. 2167, and renumbered Pub. L. 96-374, title XII, § 1201, Oct. 3, 1980, 94 Stat. 1493.)

CODIFICATION

Section was formerly classified to section 1145b of this title.

PRIOR PROVISIONS

A prior section 1142, Pub. L. 89-329, title XII, § 1202, formerly title VIII, § 802, Nov. 8, 1965, 79 Stat. 1270, renumbered Pub. L. 90-575, title II, § 251, Oct. 16, 1968, 82 Stat. 1042, which related to the method of payment pursuant to grants, loans, or contracts under this chapter, was repealed by section 1201 of Pub. L. 96-374.

Another prior section 1202 of Pub. L. 89-329, as added Pub. L. 92-318, title I, § 196, June 23, 1972, 86 Stat. 324, which related to State postsecondary education, was classified to section 1142a of this title and was repealed by section 1201 of Pub. L. 96-374.

EFFECTIVE DATE

Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of Pub. L. 94-482, set out as an Effective Date of 1976 Amendment note under section 1001 of this title.

§§ 1142a, 1142b. Repealed. Pub. L. 96-374, title XII, § 1201, Oct. 3, 1980, 94 Stat. 1493

Section 1142a, Pub. L. 89-329, title XII, § 1202, as added Pub. L. 92-318, title I, § 196, June 23, 1972, 86 Stat. 324, related to the designation of a State postsecondary education commission. Another prior section 1202 of Pub. L. 89-329 which related to method of payment was classified to section 1142 of this title and was repealed by section 1201 of Pub. L. 96-374.

Section 1142b, Pub. L. 89-329, title XII, § 1203, as added Pub. L. 92-318, title I, § 196, June 23, 1972, 86 Stat. 325, and amended Pub. L. 94-482, title I, § 179, Oct. 12, 1976, 90 Stat. 2166; Pub. L. 96-49, § 12, Aug. 13, 1979, 93 Stat. 354, related to comprehensive statewide planning.

Another prior section 1203 of Pub. L. 89-329, which related to delegation of Commissioner's functions and utilization of services and facilities of Federal agencies, was classified to section 1143 of this title, and was repealed by Pub. L. 91-230, title IV, § 401(c)(5), Apr. 13, 1970, 84 Stat. 173.

EFFECTIVE Date of REPEAL

Sections repealed effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96-374, set out as an Effective Date of 1980 Amendment note under section 1001 of this title.

§ 1143. Federal-State relationships; State agreements (a) Agreements required between States and Secretary

Any State which desires to receive assistance under an applicable program, as described in subsection (f) of this section, shall enter into an agreement with the Secretary pursuant to subsection (b) of this section setting forth the terms and conditions for the relationship between the Federal Government and that State for the purposes set forth in the applicable programs.

(b) Terms and conditions of agreements

Such agreement shall consist of assurances by the State, including a description of the means to be used by the State to fulfill the assurances, that

(1) the State will provide for such methods of administration as are necessary for the proper and efficient administration of any program in keeping with the purposes of the applicable programs described in subsection (f) of this section;

(2) the State will provide such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement of, and accounting for, Federal funds paid to the State under any subchapter of this chapter or part C of subchapter I of chapter 34 of title 42;

(3) the State will follow policies and practices of administration that will ensure that non-Federal funds will not be supplanted by Federal funds, and that equitable and appropriate criteria will be used in evaluation of applications or proposals for grants or contracts under any such applicable program; and (4) the State has a comprehensive planning or policy formulation process which

(A) considers the relation between State administration of any such applicable program, and administration of similar State programs or processes;

(B) encourages State policies designed to consider effects on declining enrollments on all sectors of postsecondary education in the State;

(C) considers the postsecondary education needs of unserved and underserved individuals within the State, including individuals beyond the traditional college age;

(D) considers the resources of institutions, organizations, or agencies (both public and private) within the State capable of providing postsecondary educational opportunities in the State; and