79 STAT. 1160 to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government, and "(B) the Governor of the State in which such agency is located has certified the need for disaster assistance under this section, and has given assurance of expenditure of a reasonable amount of the funds of the government of such State, or of any political subdivision thereof, for the same or similar purposes with respect to such catastrophe, and if the Commissioner determines with respect to such local educational agency that "(2) such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance, but as a result of such major disaster it is unable to secure sufficient funds to meet the cost of providing free public education for the children attending the schools of such agency, and "(3) to the extent that the operation of private elementary and secondary schools in the school attendance area of such local educational agency has been disrupted or impaired by such disaster, such local educational agency has made provision for the conduct of educational programs under public auspices and administration in which children enrolled in such private elementary and secondary schools may attend and participate: Provided, That nothing contained in this Act shall be construed to authorize the making of any payment under this Act for religious worship or instruction, the Commissioner may provide to such agency the additional assistance necessary to provide free public education to the children attending the schools of such agency, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest. Such additional assistance may be provided for a period not greater than a five fiscal year period beginning with the fiscal year in which the President has determined that such area suffered a major disaster. The amount so provided for any fiscal year shall not exceed the amount which the Commissioner determines to be necessary to enable such agency, with the State, local, and other Federal funds available to it for such purpose, to provide a level of education equivalent to that maintained in the schools of such agency during the last full fiscal year prior to the occurrence of such major disaster, taking into account the additional costs reasonably necessary to carry out the provisions of subparagraph (3) of this section. The amount, if any, so provided for the second, third, and fourth fiscal years following the fiscal year in which the President determined that such area has suffered a major disaster shall not exceed 75 per centum, 50 per centum, and 25 per centum, respectively, of the amount so provided for the first fiscal year following such determination. "(b) In addition to and apart from the funds provided under subsection (a), the Commissioner is authorized to provide to such agency an amount which he determines to be necessary to replace instructional and maintenance supplies, equipment, and materials (including textbooks) destroyed or seriously damaged as a result of such major disaster, and to lease or otherwise provide (other than by acquisition of land or erection of facilities) school and cafeteria facilities needed to replace temporarily such facilities which have been made unavailable as a result of the major disaster. Replacement of supplies, etc. "(c) There is hereby authorized to be appropriated for each fiscal Appropriation. year such amounts as may be necessary to carry out the provisions of this section. Pending such appropriation, the Commissioner may expend (without regard to subsections (a) and (e) of section 3679 of 54-998 O - 71 - 36 Application requirements. Ante, p.1158. 70 Stat. 970. 20 USC 238. Effective date. 72 Stat. 550. 20 USC 635. Ante, p. 28. Education of handicapped 79 STAT. 1161 the Revised Statutes (31 U.S.C. 665)) from any funds heretofore or hereafter appropriated for expenditure in accordance with other sections of this Act, such sums as may be necessary for immediately providing assistance under this section, such appropriations to be reimbursed from the appropriations authorized by this subsection when made. "(d) No payment may be made to any local educational agency under this section except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him. In determining the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications. "(e) Amounts paid by the Commissioner to local educational agencies under this section may be paid in advance or by way of reimbursement and in such installments as the Commissioner may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States." SEC. 3. The Act of September 23, 1950 (Public Law 815, Eightyfirst Congress), as amended, is amended by inserting immediately after the last section of that Act the following new section: "SPECIAL BASE CLOSING PROVISION "SEC. 17. In determining the payment to be made to a local educational agency under this Act the Commissioner shall disregard the announcement, made November 19, 1964, of a decrease in or cessation of Federal activities in certain areas, and shall carry out such Act as if such announcement had not been made." SEC. 4. (a) Section 3(c) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "and paragraph (3) in the second sentence of paragraph (2), by striking out paragraph (3) thereof, and by striking out", (3)," where it appears in paragraph (5). (b) The amendment made by this section shall be effective on and after July 1, 1965. SEC. 5. Subsection (e) of section 5 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), is amended by inserting after "waive or reduce" the following: "the minimum number require ment or". SEC. 6. (a) Section 203 (a) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as amended, is amended by inserting immediately after paragraph (4) the following new paragraph: (5) In the case of a State agency which is directly responsible for providing, on a non-school-district basis, free public education for children, grants. handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education), the maximum basic grant which that agency shall be eligible to receive under this title for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in that State multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by that State agency, in the most recent fiscal year for which satisfactory data are available. Such State agency shall use payments under this title only for programs and projects (including the acqui sition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children." (b) Section 206 (a) (1) of such Act is amended by striking out "which meet the requirements of that section" and by inserting in lieu thereof "which meet the applicable requirements of that section and of section 203 (a) (5)”. (c) Section 303 (6) of such Act is amended by adding before the period at the end of the second sentence thereof ", and for purposes of title II (except sections 203 (a) (2), 203 (b), and 205 (a) (1)) such term includes any State agency which is directly responsible for providing, on a non-school-district basis, free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education)". 79 STAT. 1162 Ante, p. 31. Ante, p.1161. Ante, p. 35. Ante, p. 27. SEC. 7. (a) Subsection (b) of section 207 of the Act of September 30, 1950 (Public Law 874, Eighty-first. Congress), as amended, is Ante, p. 32. amended to read as follows: "(b) The Commissioner is authorized to pay to each State amounts equal to the amounts expended by it for the proper and efficient performance of its duties under this title (including technical assistance for the measurements and evaluations required by section 205 (a) (5)), Ante, p. 31. except that the total of such payments in any fiscal year shall not exceed "(1) one per centum of the total of the amount of the basic grants paid under this title for that year to the local educational agencies of the State, or "(2) $75,000, or $25,000 in the case of Puerto Rico, Wake Island, Guam, American Samoa, the Virgin Islands, or the Trust. Territory of the Pacific Islands, whichever is the greater." Limitation. (b) The amendment made by this section shall be effective for Effective date. fiscal years beginning after June 30, 1965. Approved November 1, 1965. LEGISLATIVE HISTORY: HOUSE REPORT No. 587 (Comm. on Education & Labor). To strengthen the educational resources of our colleges and universities and to provide financial assistance for students in postsecondary and higher education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Higher Educabe cited as the "Higher Education Act of 1965". TITLE I-COMMUNITY SERVICE AND CONTINUING APPROPRIATIONS AUTHORIZED SEC. 101. For the purpose of assisting the people of the United States in the solution of community problems such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use by enabling the Commissioner to make grants under this title to strengthen community service programs of colleges and universities, there are authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1966, and $50,000,000 for the fiscal year ending June 30, 1967, and for the succeeding fiscal year. For the fiscal year ending June 30, 1969, and the succeeding fiscal year, there may be appropriated, to enable the Commissioner to make such grants, only such sums as the Congress may hereafter authorize by law. DEFINITION OF COMMUNITY SERVICE PROGRAM SEC. 102. For purposes of this title, the term "community service program" means an educational program, activity, or service, including a research program and a university extension or continuing education offering, which is designed to assist in the solution of community problems in rural, urban, or suburban areas, with particular emphasis on urban and suburban problems, where the institution offering such program, activity, or service determines (1) that the proposed program, activity, or service is not otherwise available, and (2) that the conduct of the program or performance of the activity or service is consistent with the institution's over-all educational program and is of such a nature as is appropriate to the effective utilization of the institution's special resources and the competencies of its faculty. Where course offerings are involved, such courses must be university extension or continuing education courses and must be (A) fully acceptable toward an academic degree, or (B) of college level as determined by the institution offering such courses. ALLOTMENTS TO STATES SEC. 103. (a) Of the sums appropriated pursuant to section 101 for each fiscal year, the Commissioner shall allot $25,000 each to Guam, American Samoa, the Commonwealth of Puerto Rico, and the Virgin Islands and $100,000 to each of the other States, and he shall allot to each State an amount which bears the same ratio to the remainder of such sums as the population of the State bears to the population of all States. (b) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required tion Act of 1965. 79 STAT. 1220 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 101 shall be deemed part of its allotment under subsection (a) for such year. (c) In accordance with regulations of the Commissioner, any State may file with him a request that a specified portion of its allotment under this title be added to the allotment of another State under this title for the purpose of meeting a portion of the Federal share of the cost of providing community service programs under this title. If it is found by the Commissioner that the programs with respect to which the request is made would meet needs of the State making the request and that use of the specified portion of such State's allotment, as requested by it, would assist in carrying out the purposes of this title, such portion of such State's allotment shall be added to the allotment of the other State under this title to be used for the purpose referred to above. (d) The population of a State and of all the States shall be determined by the Commissioner on the basis of the most recent satisfactory data available from the Department of Commerce. USES OF ALLOTTED FUNDS SEC. 104. A State's allotment under section 103 may be used, in accordance with its State plan approved under section 105(b), to provide new, expanded, or improved community service programs. STATE PLANS SEC. 105. (a) Any State desiring to receive its allotment of Federal funds under this title shall designate or create a State agency or institution which has special qualifications with respect to solving community problems and which is broadly representative of institutions of higher education in the State which are competent to offer community service programs, and shall submit to the Commissioner through the agency or institution so designated a State plan. If a State desires to designate for the purposes of this section an existing State agency or institution which does not meet these requirements, it may do so if the agency or institution takes such action as may be necessary to acquire such qualifications and assure participation of such institutions, or if it designates or creates a State advisory council which meets the requirements not met by the designated agency or institution to consult with the designated agency or institution in the preparation of the State plan. A State plan submitted under this title shall be in such detail as the Commissioner deems necessary and shall— (1) provide that the agency or institution so designated or created shall be the sole agency for administration of the plan or for supervision of the administration of the plan; and provide that such agency or institution shall consult with any State advisory council required to be created by this section with respect to policy matters arising in the administration of such plan; |