PUBLIC LAW 94-482-OCT. 12, 1976 "(2) Any local educational agency which has submitted an application in accordance with paragraph (1) of this subsection which is dissatisfied with the action of the appropriate State educational agency may petition the Commissioner to request further consideration by the State educational agency. "(d) In approving any application under this section, the Commissioner shall insure that there is adequate provision for the furnishing of technical assistance to, and dissemination of information derived from, the proposed teacher center by the appropriate State educational agency. Such State agency shall be adequately compensated by the Commissioner for such review of applications, recommendations, submissions, technical assistance, and dissemination services. "(e) Any local educational agency having an application approved under this section may contract with an institution of higher education to carry out activities under, or provide technical assistance in connection with, such application. "(f) Notwithstanding the provisions of subsection (a)(1) of this section with respect to the requirement that teacher centers be operated by local educational agencies, 10 per centum of the funds expended under this section may be expended directly by the Commissioner to make grants to institutions of higher education to operate teacher centers, subject to the other provisions of this section. "TRAINING FOR HIGHER EDUCATION PERSONNEL "SEC. 533. (a) The Commissioner is authorized to make grants to institutions of higher education to assist such institutions in the training of individuals (1) preparing to serve as teachers, including guidance and counseling personnel, administrative personnel, or education specialists in institutions of higher education if such individuals are (A) from cultural or educational backgrounds which have hindered such individuals in achieving success in the field of education, or (B) preparing to serve in educational programs designed to meet the special needs of students from such backgrounds; or "(2) serving as teachers, including guidance and counseling personnel, administrative personnel, or education specialists in institutions of higher education, if such individuals are to be trained to meet changing personnel needs, such as in areas determined to be national priority areas pursuant to section 532 of this title. "(b) Grants made under this section may be used only to assist in paying the cost of courses of training or study, including short term or regular institutes, symposia or other inservice training, for teachers, including guidance and counseling personnel, administrative personnel, or educational specialists in institutions of higher education.". PART F-FINANCIAL ASSISTANCE FOR THE IMPROVEMENT OF EXTENSION OF AUTHORIZATION 90 STAT. 2155 Grants. 20 USC 1119a-1. SEC. 156. (a) Section 601 (b) of the Act is amended by striking out 20 USC 1121. that part of the text thereof which precedes "to enable" and inserting in lieu thereof the following: "There are authorized to be appropriated $60,000,000 for each of the fiscal years ending prior to October 1, 1979,". 36-930 - 79 - 43 90 STAT. 2156 20 USC 1121. 20 USC 1124. Grants. 20 USC 1132a. 20 USC 1132b. 20 USC 1132c. 20 USC 1132c-4. 20 USC 1132d-1. 20 USC 1132, 1132b, 1132c. PUBLIC LAW 94-482-OCT. 12, 1976 (b) Section 601 (c) of the Act is amended by striking out that part of the text thereof which precedes "to enable" and inserting in lieu thereof the following: "There are authorized to be appropriated $10,000,000 for each of the fiscal years ending prior to October 1, 1979,". REVISION OF MAINTENANCE OF EFFORT SEC. 157. (a) Section 604 (b) of the Act is amended by striking out all after the first sentence of such section and inserting in lieu thereof the following: "The Commissioner shall establish basic criteria for making determinations under this subsection.". (b) Section 604 of the Act is amended by adding at the end thereof the following new subsection: "(c) An institution of higher education shall be eligible for a grant for a project pursuant to this part in any fiscal year only if such institution has expended from current funds available for that year for instructional and library purposes, other than personnel costs, during the preceding fiscal year an amount not less than the amount expended, per equivalent full-time student or in the aggregate, whichever is less, by such institution from current funds for such purposes during the second preceding fiscal year. A combination of institutions of higher education shall be eligible for such a grant in accordance with regulations of the Commissioner prescribing requirements for maintenance of effort. The Commissioner shall establish basic criteria for making determinations under this subsection, and may waive so much of the requirement of this subsection as he determines is equitable in accordance with objective criteria of general applicability.". PART G-CONSTRUCTION OF ACADEMIC FACILITIES EXTENSION OF PROGRAM SEC. 161. (a) Section 701 (b) is amended by striking out "June 30, 1974, and June 30, 1975" and inserting in lieu thereof "prior to October 1, 1979". (b) Section 721 (b) is amended by striking out "for the fiscal year ending June 30, 1975" and inserting in lieu thereof "for each of the fiscal years ending prior to October 1, 1979". (c) Section 741(b) is amended by striking out "for the fiscal year ending June 30, 1975" and inserting in lieu thereof "for each of the fiscal years ending prior to October 1, 1979". (d) Section 745 (c) (2) is amended by striking out "July 1 of each of the four succeeding years" and inserting in lieu thereof, "the first day of each fiscal year during the period ending September 30, 1979". (e) Section 762 (a) is amended by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1979". REVISION OF PROGRAM SEC. 162. (a) Title VII of the Act is amended- (1) by inserting ", RECONSTRUCTION AND RENOVATION" immediately after "CONSTRUCTION" in the heading of such title; (2) by inserting ", RECONSTRUCTION, AND RENOVATION" immediately after "CONSTRUCTION" each place it appears in the headings of Parts A, B and C of such title; (3) by inserting ", reconstruction, or renovation" immediately after "construction" each place it appears in sections 701 (a), PUBLIC LAW 94-482-OCT. 12, 1976 702(c) (1), 703 (c) (1), 704 (a) (2) (A), 705 (a), 705 (b), 706 (a) (1), 707(a)(2), 707 (c) (1), 741 (a) (2), 742 (a) (3), 745 (a), 745 (e) (3), 746 (a) (1), 781(a), 781 (b), 782(3), and 782(5); (4) by inserting "reconstructed or renovated" after "constructed," in section 705 (b), section 781, and section 782 (1); (5) by striking out "construction" in section 707 (a) (2) (F) and inserting in lieu thereof, "project"; and (6) by inserting "reconstruct or renovate" after the word "construct" in section 742 (a) (4). (b) Section 701 (c) of the Act is amended by inserting "an appropriate amount, but in no case less than" immediately before "24 per centum". แ (c) Section 704 (b) of the Act is amended to read as follows: (b) The Commissioner shall not disapprove any State plan submitted under this section unless he determines after reasonable notice and opportunity for hearing and comment, that the plan is inconsistent with a specific provision of this section or other relevant sections of this title." (d) Section 705 (a) of the Act is amended by striking out "on the campus of such institution". (e) Section 721 (a) of the Act is amended by inserting "(1)" immediately after "(a)" and by adding at the end thereof the following new paragraph: 90 STAT. 2157 20 USC 1132a 1132a-6, 1132c, 1132c-1, 1132c 4, 1132c-5, 1132e, 1132e-1. 20 USC 1132a-4, 1132e, 1132e-1. 20 USC 1132a-6. 20 USC 1132c-1. 20 USC 1132a. 20 USC 1132a-3.. 20 USC 1132a-4. 20 USC 1132b. "(2) The Commissioner is authorized to make grants to or enter into Grants and contracts with institutions of higher education for the construction of facilities for model intercultural programs designed to integrate the educational requirements of substantive knowledge and language proficiency.". (f) Section 743 (b) (5) of the Act is amended by inserting before the 20 USC 1132c-2. semicolon the following: "including (A) the granting of a temporary moratorium on the repayment of principal or interest or both to any institution of higher education or higher education building agency the Commissioner finds to be temporarily unable to make such repayment without undue financial hardship, if such institution or agency presents, and the Commissioner approves, a specific plan to make such repayment including a schedule for such repayment, and (B) the granting to any such institution or agency for which he has authorized a loan under this part prior to January 1, 1976, of the option to pay into the fund established under section 744 an amount equal to 20 USC 1132c-3. 75 per centum of the total current obligation of the institution or agency under this part, in full accord and satisfaction of such total current obligation, if such institution or agency desiring to exercise such an option makes payment from non-Federal sources prior to October 1, 1979.". (g) (1) Section 745 (b) of the Act is amended by striking out "sec- 20 USC 1132c-4. tion 744 (b) (2)" and inserting in lieu thereof "section 742 (b)". (2) Section 745 (c) (2) of the Act is amended by striking out "four" and inserting in lieu thereof "six", and by inserting before the period at the end thereof a comma and the following: "and October 1, 1977 and on October 1 of each of the succeeding fiscal years". (h) Section 762(a) of the Act is amended by striking out "Office 20 USC 1132d-1. of Emergency Planning" and inserting in lieu thereof "Office of Emergency Preparedness". (i) Title VII of the Act is further amended by redesignating Part E and all references thereto as Part F and by inserting immediately 20 USC 1132e. after Part D the following new part: 90 STAT. 2158 Grants. 20 USC 1132a. PUBLIC LAW 94-482-OCT. 12, 1976 "PART E-RECONSTRUCTION AND RENOVATION "SEC. 771. (a) The Commissioner is authorized to make grants from funds appropriated under section 701 (b), grants from funds appropriated under section 721 (b), loans from funds appropriated under section 741 (b), or loans, to the extent provided in advance by appropriations Acts, from any unused amounts in the fund established 20 USC 1132c-3. under section 744, notwithstanding any prior restrictions on the use of such unused amounts, to institutions of higher education and to higher education building agencies for the reconstruction or renovation of academic facilities if the primary purpose of such reconstruction or renovation is 42 USC 4151. 20 USC 1132e-1. Definitions. "(1) to enable such institutions to economize on the use of energy resources, or "(2) to enable such institutions to bring their academic facilities into conformity with the requirements of "(A) the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, or "(B) environmental protection or health and safety programs mandated by Federal, State or local law, if such requirements were not in effect at the time such facilities were constructed. "(b) (1) In determining whether the primary purpose of a proposed reconstruction or renovation is to conserve energy, the Commissioner shall consult with other Federal agencies which have specific expertise in energy conservation. (2) In determining whether the primary purpose of a proposed reconstruction or renovation is to enable such facility to meet environmental protection standards or health or safety requirements imposed under law, the Commissioner shall consult with the appropriate Federal, State or local agency responsible for the administration of such law. "(3) In determining whether the primary purpose of a proposed reconstruction or renovation is to enable such facility to comply with the Act of August 12, 1968, the Commissioner shall consult with the Architectural and Transportation Barriers Compliance Board and the Administrator of General Services. "(c) A loan pursuant to this section shall be repaid within such period not exceeding twenty years as may be determined by the Commissioner." (j) Section 782 of the Act is amended 66 (1) by inserting immediately before the period at the end of paragraph (1)(B) in section 782 the following: except that the term 'academic facilities' may include any facility described in clause (v) to the degree that such facility is owned, operated, and maintained by the institution of higher education requesting the approval of a project; and that funds available for such facility under such project shall be used solely for the purpose of conversion or modernization of energy utilization techniques to economize on the use of energy resources; and that such project is not limited to facilities described in clause (v) of this subsec-. tion"; and (2) by striking out paragraph (2) of such section and inserting in lieu thereof the following: (2) (A) The term 'construction' means (i) erection of new or expansion of existing structures, and the acquisition and installation of initial equipment therefor; or (ii) acquisition of existing structures not owned by the institution involved; or (iii) a combina PUBLIC LAW 94-482-OCT. 12, 1976 tion of either of the foregoing. For the purposes of the preceding sentence, the term 'equipment' includes, in addition to machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books, curricular, and program materials, and items of current and operating expense such as fuel, supplies, and the like; the term 'initial equipment' means equipment acquired and installed in connection with construction; and the terms 'equipment', 'initial equipment', and 'built-in equipment' shall be more particularly defined by the Commissioner by regulation. "(B) The term 'reconstruction or renovation' means rehabilitation, alteration, conversion, or improvement (including the acquisition and installation of initial equipment, or modernization or replacement of such equipment) of existing structures. For the purposes of the preceding sentence, the term 'equipment' includes, in addition to machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books, curricular and program materials, and items of current and operating expense such as fuel, supplies, and the like; the term 'initial equipment' means equipment acquired and installed either in connection with construction as defined in paragraph (2) (A), or as part of the rehabilitation, alteration, conversion, or improvement of an existing structure, which structure would otherwise not be adequate for use as an academic facility; the terms 'equipment', 'initial equipment', and 'built-in equipment shall be more particularly defined by the Commissioner by regulation; and the term 'rehabilitation, alteration, conversion, or improvement' includes such action as may be necessary to provide for the architectural needs of, or to remove architectural barriers to, handicapped persons with a view toward increasing the accessibility to, and use of, academic facilities by such persons.". PART H-GRADUATE PROGRAMS EXTENSION AND REVISION OF GRADUATE FELLOWSHIPS AND ASSISTANCE 90 STAT. 2159 SEC. 171. (a) (1) Section 901 (a) (3) is amended by striking out 20 USC 1134. "clauses (2), (3), and (4)" and inserting in lieu thereof "clauses (1) and (2)". (2) Section 901(c) of the Act is amended to read as follows: "(c) There are authorized to be appropriated $50,000,000 for each of the fiscal years ending prior to October 1, 1979, for the purpose of this part.". (3)(A) Section 902 (b) of the Act is amended by inserting "(1)" 20 USC 1134a. before "sets forth", and by inserting before the period a comma and the following: "and (2) provides assurances that the institution has notified the appropriate State commission (established or designated under section 1202 of this Act) and that the State commission has been given the opportunity to offer recommendations on the application to the institution and to the Commissioner". (B) Section 902 of the Act is amended by adding at the end thereof the following new subsection: "(c) In considering an application under this part for a program of activities from an institution of higher education within a State, the Commissioner shall assure that consideration is given to the degree to which such program will be consistent with State, regional, or national priorities.". |