93rd Congress, H. R. 12253 April 18. 1974 An Act To make certain appropriations available for obligation and expenditure until Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, (a) as used office of in this section, the term "applicable program" means any program to which the General Education Provisions Act applies. (b) (1) Notwithstanding any other provision of law, unless enacted in express and specific limitation of the provisions of this section(A) any funds appropriated to carry out any applicable program for the fiscal year 1973; and (B) any funds appropriated to carry out any applicable program for fiscal year 1974; shall remain available for obligation and expenditure until June 30, 1975. (2) Nothing in this section shall be construed to approve of the withholding from expenditure or the delay in expenditure of any funds appropriated to carry out any applicable program for fiscal year 1973 beyond the period allowed for apportionment under subsection (d) of section 3679 of the Revised Statutes (31 U.S.C. 665). SEC. 2. Paragraphs (2), (3), (4), and (5) of section 428 (a) of the Higher Education Act of 1965, and all references thereto, are redesignated as paragraphs (3), (4), (5), and (6) thereof, respectively, and such section 428 (a) is amended by striking out paragraph (1) thereof and inserting in lieu thereof the following: "(1) Each student who has received a loan for study at an eligible institution- "(A) which is insured by the Commissioner under this part; "(B) which was made under a State student loan program (meeting criteria prescribed by the Commissioner), and which was contracted for, and paid to the student, within the period specified by paragraph (5); or "(C) which is insured under a program of a State or of a nonprofit private institution or organization which was contracted for, and paid to the student, within the period specified in paragraph (5), and which "(i) in the case of a loan insured prior to July 1, 1967, was made by an eligible lender and is insured under a program which meets the requirements of subparagraph (E) Funds, carry over. Definition. 20 USC 1226 note. 81 Stat. 814; 86 Stat. 326. 20 USC 1221 note. of subsection (b) (1) and provides that repayment of such 82 Stat. 635. described in subparagraph (D) of subsection (b)(1)) at an 82 Stet. 1026, (ii) in the case of a loan insured after June 30, 1967, is insured under a program covered by an agreement made pursuant to subsection (b). shall be entitled to have paid on his behalf and for his account to the holder of the loan a portion of the interest on such loan at the time of execution of the note or written agreement evidencing such loan under circumstances described in paragraph (2). "(2) (A) Each student qualifying for a portion of an interest payment under paragraph (1) shall "(i) have provided to the lender a statement from the eligible institution, at which the student has been accepted for enrollment, or at which he is in attendance in good standing (as determined by such institution), which- 1027. Qualifications. Definitions. 88 STAT. 88 88 STAT. 89 20 USC 1070, 1087a, 1088. Administrative cost allowance. “(I) sets forth such student's estimated costs of attendance, and "(II) sets forth such student's estimated financial assistance; and "(ii) meet the requirements of subparagraph (B). "(B) For the purposes of clause (ii) of subparagraph (A), a student shall qualify for a portion of an interest payment under paragraph (1) if such student's adjusted family income "(i) is less than $15,000, and "(I) the amount of such loan would not cause the total amount of the student's loans insured by the Commissioner under this part or by a State or nonprofit private institution or organization which has an agreement under subsection (b) to exceed $2,000 in any academic year, or its equivalent, or "(II) the amount of such loan would cause the total amounts of the loans described in clause (I) of this subparagraph of that student to exceed $2,000 in any academic year or its equivalent, and the eligible institution has provided, with respect to the amount of such loans in excess of $2,000, the lender with a statement recommending the amount of such excess; or "(ii) is equal to or greater than $15,000, and the eligible institution has provided the lender with a statement evidencing a determination of need and recommending a loan in the amount of such need. "(C) For the purposes of paragraph (1) and this paragraph "(i) a student's estimated cost of attendance means, for the period for which the loan is sought, the tuition and fees applicable to such student together with the institution's estimate of other expenses reasonably related to attendance at such institution, including, but not limited to, the cost of room and board, reasonable commuting costs, and costs for books; 66 (ii) a student's estimated financial assistance means, for the period for which the loan is sought, the amount of assistance such student will receive under parts A, C, and E of this title, plus other scholarship, grant, or loan assistance; "(iii) the term 'eligible institution' when used with respect to a student is the eligible institution at which the student has been accepted for enrollment or, in the case of a student who is in attendance at such an institution is in good standing (as determined by such institution); "(iv) the determination of need and the amount of a loan recommended by an eligible institution under subparagraph (B) (ii) and the amount of loans in excess of $2,000 recommended by an eligible institution under subparagraph (B) (i) (II) with respect to a student shall be determined by subtracting from the estimated cost of attendance at such institution the total of the expected family contribution with respect to such student (as determined by means other than one formulated by the Commissioner under subpart 1 of part A of this title) plus any other resources or student financial assistance reasonably available to such student. "(D) In addition, the Commissioner shall pay an administrative cost allowance in the amount established by paragraph (3) (B) of this subsection with respect to loans to any student without regard to the borrower's need. For the purposes of this paragraph, the adjusted family income of a student shall be determined pursuant to regulations of the Commissioner in effect at the time of the execution of the note or written agreement evidencing the loan. Such regulations shall provide for taking into account such factors, including family size, as the Commissioner deems appropriate. In the absence of fraud by the lender, such determination of the need of a student under this paragraph shall be final insofar as it concerns the obligation of the Commissioner to pay the holder of a loan a portion of the interest on the loan.". SEC. 3. Section 428 (a) of the Higher Education Act of 1965, as amended by this Act, is amended by adding at the end thereof the following new paragraph: "(7) Nothing in this or any other Act shall be construed to prohibit or require unless otherwise specifically provided by law, a lender to evaluate the total financial situation of a student making application for a loan under this part, or to counsel a student with respect to any such loan, or to make a decision based on such evaluation and counseling with respect to the dollar amount of any such loan.". SEC. 4. Clause (H) of paragraph 428 (b)(1) of the Higher Education Act of 1965 is amended to read as follows: 88 STAT. 89 Students, financial evaluation. Ante, p. 87. 79 Stat. 1240; "(H) provides that the benefits of the loan insurance program 86 Stat. 263. will not be denied any student who is eligible for interest benefits 20 USC 1078. under section 428 (a) (1) and (2) except in the case of loans made by an instrumentality of a State or eligible institution;". SEC. 5. Section 2(a) (7) of the Emergency Insured Student Loan Act of 1969 is amended by striking out "July 1, 1974" and inserting 86 Stat. 270. in lieu thereof "July 1, 1975". 20 USC 1078a. SEC. 6. The amendments made by section 2 shall be effective forty- Effective date. five days after enactment of this Act and be applicable to a loan for which a guarantee commitment is made on or after that date. Approved April 18, 1974. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-965 (Comm. of Conference). SENATE REPORT No. 93-674 (Comm. on Labor and Public Welfare). Jan. 28, considered and passed House. Feb. 5, considered and passed Senate, amended. Mar. 12, House agreed to Senate amendments with an amendment. Public Law 93-278 93rd Congress, S. 1647 May 10, 1974 An Act To extend the Environmental Education Act for three years. 88 STAT. 121 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Environmental be cited as the "Environmental Education Amendments of 1974". Education AmendSEC. 2. Section 3(c)(1) of the Environmental Education Act (20 ments of 1974. U.S.C. 1532) is amended by adding at the end thereof the following Advisory Council, new sentence: "Subject to section 448 (b) of the General Education extension. Provisions Act, the Advisory Council shall continue to exist until 84 Stat. 1312. July 1, 1977.". 84 Stat. 1723 86 Stat. 326. SEC. 3. Section 7 of such Act is amended by striking out "and" after 20 USC 1233g. "1972," and by inserting after "1973" a comma and the following: Appropriation. "$5,000,000 for the fiscal year ending June 30, 1975, $10,000,000 for the 20 USC 1536. fiscal year ending June 30, 1976, and $15,000,000 for the fiscal year end ing June 30, 1977.". SEC. 4. Section 2(b) of such Act is amended by inserting after 20 USC 1531. "maintain ecological balance" the following: "while giving due consideration to the economic considerations related thereto". SEC. 5. Section 3(b) (2) of such Act is amended by inserting after "technology," the following: "economic impact,". SEC. 6. Section 3 (c) (1) of such Act is further amended by inserting "economic," after "medical," Approved May 10, 1974. LEGISLATIVE HISTORY: HOUSE REPORT: No. 93-402 accompanying H.R. 3927 (Comm. on Education and Labor). SENATE REPORT: No. 93-777 (Comm. on Labor and Public Welfare). Vol. 119 (1973): Oct. 24, H. R. 3927 considered and passed Public Law 93-326 93rd Congress, H. R. 14354 June 30, 1974 An Act To amend the National School Lunch Act, to authorize the use of certain funds to purchase agricultural commodities for distribution to schools, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National School Lunch and Child Nutrition Act Amendments of 1974". COMMODITY DISTRIBUTION PROGRAM 88 STAT. 286 National School Lunch and Child Nutrition Act Amendments of 1974. 42 USC 1751 note. SEC. 2. The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by redesignating section 14 as section 15 and by inserting 87 Stat. 560. immediately after section 13A the following new section: "COMMODITY DISTRIBUTION PROGRAM 42 USC 1763. 42 USC 1762. "SEC. 14. Notwithstanding any other provision of law, the Secre- 42 USC 1762a. tary, during the period beginning July 1, 1974, and ending June 30, 1975, shall "(1) use funds available to carry out the provisions of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) which are not 49 Stat. 774. expended or needed to carry out such provisions, to purchase (without regard to the provisions of existing law governing the expenditure of public funds) agricultural commodities and their products of the types customarily purchased under such section, for donation to maintain the annually programmed level of assistance for programs carried on under this Act, the Child Nutrition Act of 1966, and title VII of the Older Americans Act of 1965; and "(2) if stocks of the Commodity Credit Corporation are not available, use the funds of such Corporation to purchase agricultural commodities and their products of the types customarily available under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), for such donation.". LEVEL OF COMMODITY ASSISTANCE 80 Stat. 885. 42 USC 1771 note. 87 Stat. 56. 42 USC 3045. 68 Stat. 458; 86 Stat. 1492. 60 Stat. 231; 87 Stat. 562. 42 USC 1755. SEC. 3. Section 6 of the National School Lunch Act is amended by adding at the end thereof the following new subsection: "(e) For the fiscal year ending June 30, 1975, and subsequent fiscal years, the national average value of donated foods, or cash payments in lieu thereof, shall not be less than 10 cents per lunch, and that amount shall be adjusted on an annual basis each fiscal year after June 30, 1975, to reflect changes in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent. Among those commodities deliv- High protein ered under this section, the Secretary shall give special emphasis to foods, emphasis. high protein foods, meat, and meat alternates.". INCOME GUIDELINES FOR REDUCED PRICE LUNCHES SEC. 4. The last sentence of section 9(b) of the National School Lunch Act is amended by striking out "for the fiscal year ending 86 Stat. 726; June 30, 1974" and inserting in lieu thereof "beginning with the fiscal 87 Stat. 564. year ending June 30, 1974". 42 USC 1758. |