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Enacted Sept. 2, 1958, P.L. 85-864, Title III, sec. 303, 72 Stat. 1589; amended Dec. 18, 1963, P.L. 88-210, sec. 23(c), 77 Stat. 417; amended Oct. 16, 1964, P.L. 88-665, Title III, sec. 304; 78 Stat. 1103; amended Nov. 8, 1965, P.L. 89-329, Title IV, sec. 467(a)(1), 79 Stat. 1254; amended Nov. 3, 1966, P.L. 89-752, sec. 17(a), 80 Stat. 1244.

PAYMENTS TO STATES

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SEC. 304. (a) From a State's allotment for a fiscal year tion 302(a), the Commissioner shall, from time to time during the period such allotment is available for payments as provided in paragraph (4) of section 302 (a), pay to such State an amount equal to one-half of the expenditures for projects for acquisition of equipment and minor remodeling referred to in paragraph (1) of section 303 (a) which are carried out under its State plan approved under section 303 (b); except that no State shall receive payments under this subsection for any period in excess of its allotments for such period under section 302 (a).

(b) From a State's allotment under section 302(b) for the fiscal year ending June 30, 1959, the Commissioner shall from time to time pay to such State an amount equal to the amount expended by such State for such year to carry out the program referred to in paragraph (5) of section 303 (a) under its State plan approved under section 303(b). From a State's allotment under section 302 (b) for the fiscal year ending June 30, 1960, and for each of the eight succeeding fiscal years, such payments shall equal one-half of the amount so expended under its State plan approved under section 303 (b); except that no State shall receive payments under this subsection for any fiscal year in excess of its allotment under section 302(b) for that fiscal year.

(20 U.S.C 444) Enacted Sept. 2, 1958, P.L. 85-864, Title III, sec. 304, 72 Stat. 1589; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 202(c), 75 Stat. 760; amended Dec. 18, 1963, P.L. 88-210, sec. 23(d), 77 Stat. 417; amended Oct. 16, 1964, P.L. 88-665, Title III, sec. 305, 78 Stat. 1104.

LOANS TO NONPROFIT PRIVATE SCHOOLS

SEC. 305. (a) The Commissioner shall allot, out of funds reserved for each fiscal year for the purposes of this section under the provisions of section 302(a), to each State for loans under the provisions of this section an amount which bears the same ratio to such funds as the number of persons in such State enrolled in private nonprofit elementary and secondary schools bears to the total of such numbers for all States.

(b) From the sums allotted to each State under the provisions of this section the Commissioner is authorized to make loans to private nonprofit elementary and secondary schools in such State for the purposes for which payments to State educational agencies are authorized under the first sentence of section 301. Any such loan—

(1) shall be made upon application containing such information as may be deemed necessary by the Commissioner;

(2) shall be subject to such conditions as may be necessary to protect the financial interest of the United States;

(3) shall bear interest at the rate arrived at by adding onequarter of 1 per centum per annum to the rate which the Secretary of the Treasury determines to be equal to the current average

yield on all outstanding marketable obligations of the United States as computed at the end of the fiscal year next preceding the date the application for the loan is approved and by adjusting the result so obtained to the nearest one-eighth of 1 per centum; and

(4) shall mature and be repayable on such date as may be agreed to by the Commission and the borrower, but such date shall not be more than ten years after the date on which such loan was made.

(20 U.S.C. 445) Enacted Sept. 2, 1958, P.L. 85–864, Title III, sec. 305, 72 Stat. 1590; amended P.L. 88-665, Title III, sec. 306, 78 Stat. 1104.

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Title V-Guidance, Counseling, and Testing; Identification and Encouragement of Able Students

PART A-STATE PROGRAMS

APPROPRIATIONS AUTHORIZED

SEC. 501. There are hereby authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1963, $17,500,000 for the fiscal year ending June 30, 1964, $24,000,000 for the fiscal year ending June 30, 1965, $24,500,000 for the fiscal year ending June 30, 1966, and $30,000,000 for each of the two succeeding fiscal years, for making grants to State educational agencies under this part to assist them to establish and maintain programs of testing and guidance and counseling.

(20 U.S.C. 481) Enacted Sept. 2, 1958, P.L. 85-864, Title V, sec. 501, 72 Stat. 1592; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 204, 75 Stat. 760; amended Dec. 18, 1963, P.L. 88-210, sec. 25(a), 77 Stat. 417; amended Oct. 16, 1964, P.L. 88-665, Title V, sec. 502, 78 Stat. 1105.

ALLOTMENTS TO STATES

SEC. 502. (a) From the sums appropriated pursuant to section 501 for any fiscal year the Commissioner shall reserve such amount, but not in excess of 2 per centum thereof, as he may determine for allotment as provided in section 1008. From the remainder of such sums the Commissioner shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school-age population of such State bears to the total of the school-age populations of all of the States. The amount alloted to any State under the preceding sentence for any fiscal year which is less than $50,000 shall be increased to $50,000, the total of increases thereby required being derived by proportionately reducing the amount allotted to each of the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than $50,000.

(b) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the State plan (if any) approved under this title shall be available for reallotment from time

to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year for carrying out the State plan; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year from funds appropriated pursuant to section 501 shall be deemed part of its allotment under subsection (a) for such year.

(20 U.S.C. 482) Enacted Sept. 2, 1958, P.L. 85-864, Title V, sec. 501, 72 Stat. 1592; amended Dec. 18, 1963, P.L. 88-210, sec. 25(b), 77 Stat.

STATE PLANS

SEC. 503. (a) Any State which desires to receive payments under this part shall submit to the Commissioner, through its State educational agency, a State plan which meets the requirements of section 1004(a) and sets forth

(1) a program for testing students in the public elementary and secondary schools of such State or in the public junior colleges and technical institutes of such State, and, if authorized by law, in other elementary and secondary schools and in other junior colleges and technical institutes in such State, to identify students with outstanding aptitudes and ability, and the means of testing which will be utilized in carrying out such program; and

(2) a program of guidance and counseling at the appropriate levels in the public elementary and secondary schools or public junior colleges and technical institutes of such State (A) to advise students of courses of study best suited to their ability, aptitudes, and skills, (B) to advise students in their decisions as to the type of educational program they should pursue, the vocation they should train for and enter, and the job opportunities in the various fields, and (C) to encourage students with outstanding aptitudes and ability to complete their secondary school education, take the necessary courses for admission to institutions of higher education, and enter such institutions.

(b) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsection (a).

(20 U.S.C. 483) Enacted Sept. 2, 1958, P.L. 85-864, Title V, sec. 501, 72 Stat. 1592; amended Dec. 18, 1963, P.L. 88-210, sec. 25(c), 78 Stat. 418; amended Oct. 16, 1964, P.L. 88-665, Title V, sec. 502, 78 Stat. 1105.

PAYMENTS TO STATES

SEC. 504. (a) Payment under this part shall be made to those State educational agencies which administer plans approved under section 503. For the fiscal year ending June 30, 1959, such payments shall equal the amount expended by the State in carrying out its State plan, and for the fiscal year ending June 30, 1960, and for each of the eight succeeding fiscal years, such payments shall equal one-half of the amount so expended, including amounts expended under the State

plan for State supervisory or related services in public elementary or secondary schools in the fields of guidance, counseling, and testing, and for administration of the State plan; except that no State educational agency shall receive payment under this part for any fiscal year in excess of that State's allotment for that fiscal year as determined under section 502.

(b) In any State which has a State plan approved under section 503 and in which the State educational agency is not authorized by law to make payments to cover the cost of testing students in any one or more elemenary or secondary schools, or junior colleges or technical institutes, in such State to determine student abilities and aptitudes, the Commissioner shall arrange for the testing of such students and shall pay the cost thereof for the fiscal year ending June 30, 1959, and one-half of the cost thereof for any of the nine succeeding fiscal years out of such State's allotment. Testing of students pursuant to this subsection shall, so far as practicable, be comparable to, and be done at the same grade levels and under the same conditions as in the case of, testing of students in public schools under the State plan.

(20 U.S.C. 484) Enacted Sept. 2, 1958, P.L. 85-864, Title V, sec. 504, 72 Stat. 1592; amended Oct. 3, 1961, 75 Stat. 760; amended Dec. 18, 1963, P.L. 88-210, sec. 25(d), 77 Stat. 418; amended Oct. 16, 1964, P.L. 88-665, Title V, sec. 503, 78 Stat. 1105.

DEFINITIONS

SEC. 505. For the purposes of this title, the term "junior colleges or technical institutes" means (1) institutions of higher education which are organized and administered principally to provide a two-year program which is acceptable for full credit toward a bachelor's degree, and (2) institutions which meet the requirements of clauses (1), (2), (4), and (5) of section 103(b) and are organized and administered principally to provide a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge, and, if a branch of an institution of higher education offering four or more years of higher education, is located in a community different from that in which its parent institution is located.

(20 U.S.C. 485) Enacted Oct. 16, 1964, P.L. 88-665, Title V, sec. 504, 78 Stat. 1106.

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SEC. 1001. (a) The Commissioner is authorized to delegate any of his functions under this Act, except the making of regulations, to any officer or employee of the Office of Education.

(b) In administering the titles of this Act for which he is responsible, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and, without regard to

section 3709 of the Revised Statutes of the United States (41 U.S.C., sec. 5), of any other public or nonprofit agency or institution, in accordance with agreements between the Secretary and the head thereof.

(c) The Commissioner shall include in his annual report to the Congress a full report of the activities of the Office of Education under this Act, including recommendations for needed revisions in the provisions thereof.

(d) The Secretary shall advise and consult with the heads of departments and agencies of the Federal Government responsible for the administration of scholarship, fellowship, or other educational programs with a view to securing full information concerning all specialized scholarship, fellowship, or other educational programs administered by or under any such department or agency and to developing policies and procedures which will strengthen the educational programs and objectives of the institutions of higher education utilized for such purposes by any such department or agency. (e) Any agency of the Federal Government shall exercise its functions under any other law in such manner as will assist in carrying out the objectives of this Act. Nothing in this Act shall be construed as superseding or limiting the authority of any such agency under any other law.

(f) (1) No part of any funds appropriated or otherwise made available for expenditure under the authority of this Act shall be used to make payments or loans to any individual unless such individual has taken and subscribed to an oath or affirmation in the following form: "I do solemnly swear (or affirm) that I bear true faith and allegiance to the United States of America and will support and defend the Constitution and laws of the United States against all its enemies, foreign and domestic".

(2) No fellowship or stipend shall be awarded to any individual under the provisions of title IV or of part A of title VI of this Act unless such individual has provided the Commissioner (in the case of applications made on or after October 1, 1962) with a full statement regarding any crimes of which he has ever been convicted (other than crimes committed before attaining sixteen years of age and minor traffic violations for which a fine of $25 or less was imposed) and regarding any criminal charges punishable by confinement of thirty days or more which may be pending against him at the time of his application for such fellowship or stipend.

(3) The provisions of section 1001 of title 18, United States Code, shall be applicable with respect to the oath or affirmation required under paragraph (1) of this subsection and to the statement required under paragraph (2).

(4) (A) When any Communist organization, as defined in paragraph (5) of section 3 of the Subversive Activities Control Act of 1950, is registered or there is in effect a final order of the Subversive Activities Control Board requiring such organization to register, it shall be unlawful for any member of such organization with knowledge or notice that such organization is so registered or that such order has become final (i) to make application for any payment or loan which is to be made from funds part or all of which are appropriated or other

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