91 STAT. 206 20 USC 2332. Grants. 20 USC 2350. Ante, p. 204. Ante, p. 204. Ante, P. 205. 20 USC 2351. Contracts. 20 USC 2352. Supra. Contracts. 20 USC 2353. 20 USC 2354. 20 USC 2391. 20 USC 2312. 20 USC 2391 note. 20 USC 2392. Gifts, acceptance. PUBLIC LAW 95-40-JUNE 3, 1977 (B) Section 122 (g) of such Act is amended by striking out "used for purposes of this section" and inserting in lieu thereof "made available under this section to accommodate students in nonprofit private schools". (C) Section 130 (b) of such Act is amended by striking out "and" after paragraph (5), by striking out the period at the end of such section and inserting in lieu thereof "; and", and by inserting immediately below paragraph (6) of such section the following new paragraph: "77) subject to the provisions of section 111, the costs of supervision 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 20 per centum of the amount of payments determined under section 111 for such purposes shall be made from grants under this subpart.". (18) (A) Section 131 (a) of such Act is amended by striking out "coordination" and inserting in lieu thereof "coordinating". (B) That portion of section 132 (a) of such Act preceding paragraph (1) is amended to read as follows: "SEC. 132. (a) Funds available to the States under section 130 (a) may be used for contracts by State research coordinating units pursuant to comprehensive plans of program improvement for the support of exemplary and innovative programs, including-". (C) Section 132 (b) of such Act is amended by inserting immediately after "Federal funds" the following: "made available under this section to accommodate students in nonprofit private schools". (19) That portion of section 133 (a) of such Act preceding paragraph (1) is amended to read as follows: "SEC. 133. (a) Funds available to the States under section 130 (a) may be used for contracts by State research coordinating units pursuant to comprehensive plans of program improvement for the support of curriculum development projects, including-". (20) Section 134 (a) of such Act is amended by striking out “shall include" and by inserting in lieu thereof "shall include one or more of the following activities". (21) Section 161(a)(1) of such Act is amended by striking out "section 112" and by inserting in lieu thereof "section 112(b)". (22) Section 161 (a) (3) (A) of such Act is amended by striking out "October 1, 1977" and by inserting in lieu thereof "October 1, 1978". (23) Section 161 (b) (1) (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 immediately after "in effect" in the second sentence the following: "on the date of the enactment of the Education Amendments of 1976 and", and in clause (B) by striking out "September 30, 1977" and by inserting in lieu thereof "September 30, 1978". (24) (A) Section 162(b)(4) (A) of such Act is amended by inserting "special education," after "vocational rehabilitation,". (B) Section 162 (c) of such Act is amended by striking out "paragraph" in the first sentence thereof and inserting in lieu thereof "subsection", and by adding at the end of such section the following new sentence: "The National Council may accept gifts if the acceptance of such gifts will better enable it to carry out its functions under this section.". PUBLIC LAW 95-40-JUNE 3, 1977 91 STAT. 207 (25) Sections 191 and 192 of such Act are each amended by striking 20 USC 2441, out "part" and inserting in lieu thereof "subpart", and such section 2442. 191 is further amended by striking out "August 2" and inserting in lieu thereof "August 12". (26)(A) Section 195 (7) of such Act is amended by striking out 20 USC 2461. "crippled" and inserting in lieu thereof "orthopedically impaired" and by inserting immediately after "impaired persons" the following: ", or persons with specific learning disabilities,". (B) Section 195 (8) of such Act is amended by inserting "the Northern Mariana Islands," immediately after "American Samoa,". (27) (A) Section 195 (15) of such Act is amended by striking out "designating" and inserting in lieu thereof "designing". (B) Section 195 (20) of such Act is amended by striking out "For the purposes of this Act, the" and inserting in lieu thereof "The". (C) Section 195 of such Act is amended by adding at the end thereof "Private the following: "(21) The term 'private vocational training institution' means a business or trade school, or technical institution or other technical or vocational school, in any State, which (A) admits as regular students only persons who have completed or left elementary or secondary school and who have the ability to benefit from the training offered by such institution; (B) is legally authorized to provide, and provides within that State, a program of postsecondary vocational or technical education designed to fit individuals for useful employment in recognized occupations; (C) has been in existence for two years or has been specially accredited by the Commissioner as an institution meeting the other requirements of this subsection; and (D) is accredited (i) by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this clause, or (ii) if the Commissioner determines that there is no nationally recognized accrediting agency or association qualified to accredit schools of a particular category, by a State agency listed by the Commissioner pursuant to this clause, or (iii) if the Commissioner determines that there is no nationally recognized or State agency or association qualified to accredit schools of a particular category, by an advisory committee appointed by him and composed of persons specially qualified to evaluate training provided by schools of that category, which committee shall prescribe the standards of content, scope, and quality which must be met by those schools and shall also determine whether particular schools meet vocational training institution." those standards. For the purpose of this paragraph, the Commissioner List, publication. shall publish a list of nationally recognized accrediting agencies or associations and State agencies which he determines to be reliable authority as to the quality of education or training afforded.". (28) (A) Section 107(b) (4) of the Comprehensive Employment and Training Act of 1973 is amended by inserting "special education," 29 USC 817. after "vocational rehabilitation,". (B) Section 503 (5) of the Comprehensive Employment and Training Act of 1973 is amended by inserting "special education," after "vocational rehabilitation,". (29) Section 203 of the Education Amendments of 1976 is amended by adding at the end thereof the following: "(c) (1) Section 104 of the Vocational Education Amendments of 29 USC 953. Effective date. 90 Stat. 2213. 1968 is amended by adding before the period at the end thereof the 20 USC 11 note. following: (as such Act will be in effect on October 1, 1977)'. "(2) The amendment made by this section shall be effective on and after October 1, 1977.". 91 STAT. 208 20 USC 2563. Effective date. 20 USC 2563 note. 20 USC 2301 note. PUBLIC LAW 95-40-JUNE 3, 1977 (30) The first sentence of section 523 (b) (2) of the Education Amendments of 1976 is amended by striking out "September 30, 1979" and by inserting in lieu thereof "September 30, 1980" and by striking out "September 30, 1980" and by inserting in lieu there "September 30, 1981". The first sentence of such section 523 (b) (2) is further amended by striking out everything which appears after "under this section". (31) (A) Section 523 (b) (3) of the Education Amendments of 1976 is amended by striking "section" at the end of the first sentence and by inserting in lieu thereof "subsection concerning the National Institute of Education", and the second sentence of such section is amended by striking "October 1, 1979" and by inserting in lieu thereof "October 1, 1981". (B) The amendments made by subparagraph (A) shall take effect on and after October 1, 1977. SEC. 2. Except where otherwise specifically indicated, any reference in the first section of this Act to the Vocational Education Act of 1963 means such Act as in effect on October 1, 1977. Approved June 3, 1977. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-86 (Comm. on Education and Labor). Mar. 22, considered and passed House. May 16, considered and passed Senate, amended. Note.-A listing of the bill number, law number, title, date of approval, U.S. PUBLIC LAW 95-43-JUNE 15, 1977 91 STAT. 213 Public Law 95-43 95th Congress An Act To make certain technical and miscellaneous amendments to provisions relating to higher 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 (a) the Higher Education Act of 1965 is amended as follows: (1) Section 103 (a) of the Higher Education Act of 1965 is amended by striking out "July 1, 1975" and inserting in lieu thereof "July 1, 1974" (2) Section 104 of such Act is amended by striking out the comma after "material sharing programs”. (3) Section 105 (a) (6) of such Act is amended by inserting "provide" immediately before "assurances". (4) Section 133 (a) (7) of such Act is amended by striking out "Commissioner's" and inserting in lieu thereof "Assistant Secretary's". (5) (A) Section 411(b) (3) (B) of the Act is amended by redesignating divisions (ii), (iii), and (iv) as divisions (iii), (iv), and (v), respectively, and by inserting after division (i) the following: "(ii) If, during any fiscal year, funds available for making payments under this subpart exceed the amount necessary to make the payments prescribed in division (i), such excess shall be paid with respect to each entitlement under this subpart in proportion to the degree to which that entitlement is unsatisfied.". 66 (B) Subparagraphs (A) and (B) of section 411 (b) (4) of the Act are each amended by inserting at the end of a fiscal year," after "If". (6) Section 415C (b) (4) of such Act is amended by striking out "July 1, 1977" and inserting in lieu thereof "October 1, 1978". (7) Section 415E of such Act is amended by striking out "having an agreement under section 428 (b)" and inserting in lieu thereof "operating, through an agency of the State or through a nonprofit private institution or organization designated by a State, a program under section 428 (b)". (8) Section 421 (a) of such Act is amended by striking out "428 (c) (1) (A)" and inserting in lieu thereof "428 (a) (1) (C)". (9) Sections 421(b) (3) and 427 (a) (2) (E) of such Act are each amended by striking out the period at the end thereof and inserting in lieu thereof a comma. (10) Section 421 (c) (1) of such Act is amended by inserting "(whether operated by an agency of the State or by a nonprofit private institution or organization designated by the State)" after "by each State". (11) Section 422 (c) (2) of such Act is amended (A) in subparagraph (A)— (i) by striking out "the greater of (i) $50,000, or (ii)"; (B) in subparagraph (B), by inserting at the end thereof the following new sentence: "Notwithstanding subparagraph (A) and the preceding sentence of this subparagraph, but subject to subparagraph (D) of this paragraph, the amount of any advance June 15, 1977 [H.R. 6774] Higher Education Act of 1965, amendments. 20 USC 1003. 20 USC 1004. 20 USC 1005. 20 USC 1015b. 20 USC 1070a. 20 USC 1070c-2. 20 USC 1070c-4. Post, p. 215. 20 USC 1071. 20 USC 1077. 20 USC 1072. 91 STAT. 214 20 USC 1072. 20 USC 1073. Post, p. 215. 20 USC 1075. 20 USC 1077. 20 USC 1078. PUBLIC LAW 95-43-JUNE 15, 1977 to a State described in paragraph (5) (A) for the first year of its eligibility under such paragraph, and the amount of any advance to any State described in paragraph (5) (B) for each year of its eligibility under such paragraph, shall not be less than $50,000."; and (C) by adding after subparagraph (C) the following new subparagraph: "(D) If the sums appropriated for any fiscal year for paying the amounts determined under subparagraphs (A) and (B) are not sufficient to pay such amounts in full, then such amounts shall be reduced"(i) by ratably reducing that portion of the amount allocated to each State which exceeds $50,000; and 66 "(ii) if further reduction is required, by equally reducing the $50,000 minimum allocation of each State. If additional sums become available for paying such amounts for any fiscal year during which the preceding sentence has been applied, such reduced amounts shall be increased on the same basis as they were reduced.". (12) Section 422 (c) (5) (B) of such Act is amended by inserting after "effective date of this subsection" the following: "or which is not actively carrying on a program under an agreement pursuant to such section on such date". (13) Section 422 (c) (6) (B) (iii) of such Act is amended by inserting "eligible" immediately before "institution" each place it appears. (14) Section 423 (b) of such Act is amended by striking out "or" at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof ", or", and by adding after such paragraph the following: "(3) under such circumstances as may be approved by the State or nonprofit private institution or organization in such State with which the Commissioner has an agreement under section 42° (b), for the insurance of a loan to a borrower for whom such previously was issued such a certificate if the loan covered by uch certificate is not yet repaid.". (15) Section 425 (a) (1) (A) of such Act is amended 'er (A) by striking out "a loan to a student who is or will be in his first year of a program of undergraduate education" and inserting in lieu thereof "loans to a student for his first academic year of a program of postsecondary education"; (B) by striking out "program which is" and inserting in lieu thereof "program, which are"; (C) by striking out "or which is" and inserting in lieu thereof "or which are"; and (D) by striking out "the loan" and inserting in lieu thereof "the total of such loans". (16) Section 425 (a) (1) (B) of such Act is amended by striking out "to a student for his first academic year of postsecondary education" and inserting in lieu thereof "to such a first-year student". (17) Section 425 (a) (1) of such Act is amended by inserting after the last sentence thereof the following: "For the purpose of clause (B), all loans made within any period of 90 days shall be considered a single loan.". (18) Section 427 (a) (2) (G) of such Act is amended by striking out the semicolon at the end thereof and inserting in lieu thereof a comma. (19) The last sentence of section 428 (a) (8) (A) of such Act is amended by striking out "over the course of the academic year" and inserting in lieu thereof "over the period of enrollment for which the loan is made". |