90 STAT. 2240 Report to 20 USC 1242. 20 USC 1243. Plan, submittal to 20 USC 2564. PUBLIC LAW 94-482-OCT. 12, 1976 (2) The Institute shall make an interim report to the President and to the Congress not later than September 30, 1979, and shall make a final report to the President and to the Congress no later than September 30, 1980, on the result of its study conducted under this section, except that the report required pursuant to paragraph (1)(F) shall be transmitted to the President and the Congress not later than January 15, 1979. Any other provision of law, rule, or regulation to the contrary notwithstanding, such reports shall not be submitted to any review outside of the Institute before their transmittal to the Congress, but the President and the Commissioner may make to the Congress such recommendations with respect to the content of the reports as each may deem appropriate. (3) Sunis made available pursuant to section 102 of the Vocational Education Act of 1963 (as such Act is in effect on the date of the enactment of this Act) and sections 102 and 103 of the Vocational Education Act of 1963 (as such Act is in effect on October 1, 1977) shall be available to carry out the administrative and direct cost requirements of the provisions of this section. These funds shall not exceed $1,000,000 per year for each of the fiscal years ending prior to October 1, 1979. Ten per centum of the funds made available under this section shall be made available for purposes of carrying out the provisions of paragraph (1) (F). (4) (A) The Institute shall submit to the Congress, within 10 months after the date appropriations become available to carry out this section, a plan for the study to be conducted under this section. The Institute shall not commence such study until the first day after the close of the first period of 30 calendar days of continuous session of the Congress after the date of the delivery of such plan to the Congress. (B) For purposes of subparagraph (A)— (i) continuity of session is broken only by an adjournment of the Congress sine die; and (ii) the days on which either House is not in session because of an adjournment of more than 30 days to a day certain are excluded in the computation of the 30-day period. DEPARTMENTAL DAY CARE CENTER SEC. 524. Notwithstanding any other provision of law, the Secretary of Health, Education, and Welfare is authorized by contract or otherwise to establish, equip, and operate day care center facilities for the purpose of serving children who are members of households of employees of the Department of Health, Education, and Welfare. The Secretary is authorized to establish or provide for the establishment of appropriate fees and charges to be chargeable against the Department employees or others who are beneficiaries of services provided by such facilities to pay for the cost of their operation and to accept money, equipment, or other property donated for use in connection with the facilities. No appropriated funds may be used for the equipping or operation of any centers provided under this authority. The prohibition made by the preceding sentence shall not preclude the provision of appropriate donated space nor the purchase of the initial equipment for the centers, except that the cost of such equipment shall be reimbursed over the expected life of such equipment, not to exceed 10 years. PUBLIC LAW 94-482-OCT. 12, 1976 90 STAT. 2241 WAYNE MORSE CHAIR OF LAW AND POLITICS SEC. 525. (a) The Commissioner of Education (hereinafter in this 20 USC 2565. section referred to as the "Commissioner") is authorized to provide financial assistance in accordance with the provisions of this section to assist in establishing the Wayne Morse Chair of Law and Politics at the University of Oregon, of Eugene, Oregon. (b) (1) For purposes of this section, the Federal share of the cost of establishing the Wayne Morse Chair of Law and Politics shall not exceed 50 per centum. (2) No financial assistance under this section may be made except upon an application at such time, in such manner, and containing or accompanied by such information, as the Commissioner may reasonably require. (c) There are authorized to be appropriated such sums, not to exceed Appropriation $500,000, as may be necessary to carry out the provisions of this sec- authorization. tion. Funds appropriated pursuant to this section shall remain available until expended. PART C-TRANSITION PERIOD; EFFECTIVE DATES TRANSITION PERIOD SEC. 531. There are authorized to be appropriated such sums as may be necessary for the period July 1, 1976, through September 30, 1976, to carry out each program authorized by this Act and each program amended by this Act, except for any program which is to become effective in fiscal year 1977 or thereafter. EFFECTIVE DATES SEC. 532. The provisions of this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act except (1) as specifically otherwise provided; and (2) that each amendment made by this Act (not subject to clause (1) of this section) providing for authorization of appropriations shall take effect July 1, 1976. Approved October 12, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1085 accompanying H.R. 12835, No. 94-1086 accompanying H.R. 12851 and No. 94-1232 accompanying H.R. 14070 (all from Comm. on Education and Labor) and No. 94-1701 (Comm. of Conference). SENATE REPORT No. 94-882 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 26, 27, considered and passed Senate. Aug. 31, considered and passed House, amended, in lieu of H.R. 12835, H.R. Sept. 28, Senate agreed to conference report. Sept. 29, House agreed to conference report. PUBLIC LAW 95–40—JUNE 3, 1977 91 STAT. 20 Public Law 95-40 95th Congress An Act To make certain technical and miscellaneous amendments to provisions relating to vocational education contained in the Education Amendments of 1976. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Vocational Education Act of 1963 is amended as follows: (1) Section 102(a) of the Vocational Education Act of 1963 is amended by striking out "$1,325,000" and inserting in lieu thereof "$1,325,000,000", and by striking out "$1,485,000" and inserting in lieu thereof "$1,485,000,000". (2) Section 102(d) of such Act is amended by inserting "and" after paragraph (2) and by striking out "; and, (4) State administration of vocational education programs assisted under this Act". June 3, 1977 [H.R. 3437] Vocational Education Act of 1963, amendments. 20 USC 2302. (3) Section 103 (a) (1) (A) (as in effect on October 12, 1976, pursuant to section 204 (a) (2) (B) of the Education Amendments of 1976) of such Act is amended by inserting "(b) (1)" immediately after 20 USC 2303. "161". (4)(A) Section 103(a)(1)(B)(iii) of such Act is amended by striking out the last sentence and inserting in lieu thereof: "Beginning in the fiscal year 1979, the Bureau of Indian Affairs shall expend an amount equal to the amount made available under this subparagraph to pay a part of the costs of programs funded under this subparagraph. During each of the fiscal years covered by this subparagraph, the Bureau of Indian Affairs shall expend no less than the amount expended during the prior fiscal year on vocational education programs, services, and activities. The Commissioner and the Commissioner of Indian Affairs shall jointly prepare a plan for the expenditure of funds made available and for the evaluation of programs assisted under this subparagraph. Upon the completion of a joint plan for the expenditure of these funds and the evaluation of the administration. programs, the Commissioner shall assume responsibility for the administration of the program, with the assistance and consultation of the Bureau of Indian Affairs.". (B) Section 103 (a) (1) (B) (iii) of such Act is further amended by striking out "which has contracted" in the first sentence and inserting in lieu thereof "which is eligible to contract". (C) Section 103 (c) (1) (B) of such Act is amended by inserting "the Northern Mariana Islands," immediately after "the Virgin Islands," in both places where that term occurs. Plan, preparation. Program (5) (A) Section 105 (a) (20) of such Act is amended by striking 20 USC 2305. out "clauses of this paragraph" and inserting in lieu thereof "clauses of this sentence". (B) Section 105 (d) (4) (A) of such Act is amended by inserting "special education," after "vocational rehabilitation,". (6) (A) The first sentence of section 105 (f) (1) of such Act is amended by striking out "$8,000,000 for fiscal year 1982" and by inserting in lieu thereof "$10,000,000 for fiscal year 1982". (B) The second sentence of section 105 (f)(1) of such Act is amended by inserting immediately after "State advisory councils" the following: "from amounts allotted to such advisory councils in 91 STAT. 204 20 USC 2303. 20 USC 2305. 20 USC 2306. 20 USC 2307. 20 USC 2310. Ante, P. 203. Ante, p. 203. 20 USC 2330. 20 USC 2311. 20 USC 2332, 2352, 2370. PUBLIC LAW 95-40-JUNE 3, 1977 accordance with the method for allotment contained in section 103 (a) (2)," (C) The third sentence of section 105 (f) (1) of such Act is amended by inserting "the Northern Mariana Islands," immediately after American Samoa,". (7) Section 106(a) (8) of such Act is amended by inserting ")" after "under subpart 5 of this part". (8) Section 107(a) (1) (as in effect on October 12, 1976, pursuant to section 204 (a) (2) (A) of the Education Amendments of 1976) of such Act is amended by inserting immediately before the period at the end of the first sentence thereof "in which the plan is submitted", and in the fifth sentence thereof by striking out "(a)" and inserting in licu thereof "(A)", by striking out "(b)" and inserting in lieu thereof "(B)", and by striking out "(c)" and inserting in lieu thereof "(C)"; (9) Sections 110 (a) and 110(b) (1) of such Act are amended to read as follows: "SEC. 110. (a) For each fiscal year, at least 10 per centum of each State's allotment under section 103 from appropriations made under section 102(a) shall be used to pay up to 50 per centum of the cost of programs, services, and activities under subpart 2 and of program improvement and supportive services under subpart 3 for handicapped persons. "(b) (1) For each fiscal year, at least 20 per centum of each State's allotment under section 103 from appropriations made under section 102 (a) shall be used to pay up to 50 per centum of the cost of programs, services, and activities under subpart 2 and of program improvement and supportive services under subpart 3 for disadvantaged persons (other than handicapped persons), for persons who have limited English-speaking ability, and for providing stipends authorized under section 120 (b) (1) (G).”. (10) Section 110 (c) of such Act is amended to read as follows: (c) For each fiscal year, at least 15 per centum of each State's allotment under section 103 from appropriations made under section 102(a) shall be used to pay up to 50 per centum of the cost of programs, services, and activities under subpart 2 and of program improvement and supportive services under subpart 3 for (1) persons who have completed or left high school and who are enrolled in organized programs of study for which credit is given toward an associate or other degree, but which programs are not designed as baccalaureate or higher degree programs, and (2) persons who have already entered the labor market, or are unemployed, or who have completed or left high school and who are not described in paragraph (1).". (11) Section 111 (a) (1) of such Act is amended by striking out "equal to" in the first place where that term occurs and inserting in lieu thereof "not to exceed" and by inserting immediately after "Islands" the following: ", the Northern Mariana Islands, Guam, the Virgin Islands,". (12) Section 111 (a) (1) (B) of such Act is amended by striking out "section" and inserting in lieu thereof "sections" and by striking out "vocational education programs" and by inserting in lieu thereof "programs, services, and activities under subpart 2 and program improvement and supportive services under subpart 3". (13) Section 111 (a) (1) (C) of such Act is amended by striking out "described in sections 122(f), 133(b), and 140" and inserting in lieu thereof "provided in accordance with sections 122 (f), 132(b), and 140 (b) (2)". PUBLIC LAW 95-40-JUNE 3, 1977 91 STAT. 205 (14) Section 111(a)(1) of such Act is further amended by redesig- 20 USC 2311. nating clause (C) as clause (D), by striking out "and" after clause (B), and by inserting immediately below clause (B) the following new clause: "(C) a part of the costs of supervision and administration of vocational education programs by an eligible recipient, except that such payment shall not exceed (i) a percentage of such costs equal to the percentage of the total costs of the vocational education program of such eligible recipient paid for from this section, or (ii) 50 per centum of such costs if the non-Federal share of such costs is paid by the State from appropriations for such purpose; and” (15)(A) Section 111 (a) (2) (A) of such Act is amended to read as Payment. follows: “(2) (A) In addition, the Commissioner shall pay, from each State's allotment under section 103 from appropriations made under section 102(a), an amount not to exceed the Federal share of the cost of State administration of such plans.". (B) Section 108 (b) (1) (B) (i) of such Act is amended by inserting after the word "uses" the second time it appears in such section the following: "for State administration and”. (C) Section 108 (b) (2) (B) of such Act is amended by inserting after the word "funds" the second time it appears in such section the following: "for State administration and". Ante, p. 203. 20 USC 2308. (D) Section 111(a) of such Act is amended by adding at the end Payment. thereof the following: "(3) In addition, the Commissioner shall pay, from the amount available to each State from the amount appropriated under section 102(d), an amount not to exceed 100 per centum of the cost of carrying out the purposes described in such section 102 (d).". (16) (A) Section 111 (a) (2) (B) of such Act is amended by strikout "for the fiscal year preceding fiscal year 1978" and by inserting in lieu thereof "for the latest fiscal year for which reliable data is available preceding fiscal year 1978". (B) Section 120(a) of such Act is amended by inserting immedi- 20 USC 2330. ately after "vocational education programs" the following: "and other programs, services, and activities operated". (17) (A) Section 120 (b) (1) of such Act is amended by striking Grants. out "and" at the end of clause (L), by striking out the period at the end of clause (M) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new clauses: "(N) provision of vocational training through arrangements with private vocational training institutions where such private institutions can make a significant contribution to attaining the objectives of the State plan, and can provide substantially equivalent training at a lesser cost, or can provide equipment or services not available in public institutions; and Ante, p. 204. "(O) subject to the provisions of section 111, the costs of super- Supra. vision and administration of vocational education programs by eligible recipients, and State administration of the five-year plan submitted pursuant to section 107 and of the annual program plan submitted pursuant to section 108, except that not more than 80 per centum of the amount of payments determined under section 111 for such purposes shall be made from grants under this subpart." Supra. |