82 STAT. 1063 Publication in Federal Register. 80 Stat. 21. 42 USC 301, 601, 1201, 1351, 1381, 1396. fusing to award, continue, or extend any financial assistance under any such Act to any individual because of any misconduct which in its judgment bears adversely on his fitness for such assistance. (2) Nothing in this section shall be construed as limiting or prejudicing the rights and prerogatives of any institution of higher education to institute and carry out an independent, disciplinary proceeding pursuant to existing authority, practice, and law. (3) Nothing in this section shall be construed to limit the freedom of any student to verbal expression of individual views or opinions. RULEMAKING REQUIREMENTS SEC. 505. No standard, rule, regulation, or requirement of general applicability prescribed for the administration of this Act or any Act amended by this Act may take effect until 30 days after it is published in the Federal Register. DUPLICATION OF BENEFITS SEC. 506. No grant, award, or loan of assistance to any student under any Act amended by this Act shall be considered a duplication of benefits for the purposes of section 1781 of title 38, United States Code. FINANCIAL AID TO STUDENTS NOT TO BE TREATED AS INCOME OR RESOURCES SEC. 507. For the purpose of any program assisted under title I, IV, X, XIV, XVI, or XIX of the Social Security Act, no grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the Commissioner of Education shall be considered to be income or resources. PRESIDENTIAL RECOMMENDATION WITH RESPECT TO POST-SECONDARY SEC. 508. On or before December 31, 1969, the President shall submit to the Congress proposals relative to the feasibility of making available a post-secondary education to all young Americans who qualify and seek it. Approved October 16, 1968. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 1649 accompanying H. R. 15067 (Comm. on Education & Labor) and No. 1919 (Comm. of Conference). SENATE REPORT No. 1387 (Comm. on Labor & Public Welfare). CONGRESSIONAL RECORD, Vol. 114 (1968): July 15: Considered and passed Senate. July 24, 25: Considered and passed House, amended, in lieu of Sept. 26: House agreed to conference report. 90th Congress, H. R. 18366 An Act To amend the Vocational Education Act of 1983, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION. 1. This Act may be cited as the "Vocational Education Amendments of 1968". TITLE I—AMENDMENTS TO THE VOCATIONAL ACT AMENDMENTS SEC. 101. (a) The Act of December 18, 1963, Public Law 88-210 (77 Stat. 403 et seq.), is amended— (1) by redesignating parts B and C thereof as titles II and III and redesignating sections 21 through 28 and 31 through 33, and all references thereto, as sections 201 through 208 and 301 through 303, respectively; (2) redesignating part A thereof as title I ; and (3) adding after the enacting clause, the following: "That title 82 STAT. 1064 Vocational Education Amendments of 1968. 20 USC 35 note. I of this Act may be cited as the 'Vocational Education Act of Citation of 1963'.". (b) Title I of such Act (as redesignated by subsection (a)) is amended to read as follows: “TITLE I-VOCATIONAL EDUCATION "PART A-GENERAL PROVISIONS "DECLARATION OF PURPOSE "SEC. 101. It is the purpose of this title to authorize Federal grants to States to assist them to maintain, extend, and improve existing programs of vocational education, to develop new programs of vocational education, and to provide part-time employment for youths who need the earnings from such employment to continue their vocational training on a full-time basis, so that persons of all ages in all communities of the State-those in high school, those who have completed or discontinued their formal education and are preparing to enter the labor market, those who have already entered the labor market but need to upgrade their skills or learn new ones, those with special educational handicaps, and those in postsecondary schools-will have ready access to vocational training or retraining which is of high quality, which is realistic in the light of actual or anticipated opportunities for gainful employment, and which is suited to their needs, interests, and ability to benefit from such training. "AUTHORIZATION OF APPROPRIATIONS "SEC. 102. (a) There are authorized to be appropriated $355,000,000 for the fiscal year ending June 30, 1969, $565,000,000 for the fiscal year ending June 30, 1970, $675,000,000 for the fiscal year ending June 30, 1971, $675,000,000 for the fiscal year ending June 30, 1972, and $565,000,000 for the fiscal year ending June 30, 1973, and each succeeding fiscal year for the purposes of parts B and C of this title. From the title. 82 STAT. 1065 amount appropriated pursuant to the preceding sentence and allotted to each State under section 103, 90 per centum shall be available for the purposes of part B and 10 per centum shall be available for the purposes of part C. "(b) There are also authorized to be appropriated $40,000,000 each for the fiscal years and ending June 30, 1969, and June 30, 1970, for the purposes of section 122 (a) (4) (A). Nothing in this subsection shall be construed to affect the availability for such purposes, of appropriations made pursuant to subsection (a) of this section. "(c) There are further authorized to be appropriated for each fiscal year such sums as may be necessary to pay the cost of the administration and development of State plans, the activities of advisory councils created under this title, and the evaluation and dissemination activities required pursuant to this title. "ALLOTMENTS AMONG STATES "SEC. 103. (a) (1) From the sums appropriated pursuant to section 102(a) the Commissioner shall first reserve an amount, not to exceed $5,000,000 in any fiscal year, for transfer to the Secretary of Labor to finance (upon terms and conditions mutually satisfactory to the Commissioner and the Secretary of Labor) national, regional, State, and local studies and projections of manpower needs for the use and guidance of Federal, State, and local officials, and of advisory councils charged with responsibilities under this title. "(2) The remainder of the sums appropriated pursuant to section 102 (a) and all of the sums appropriated pursuant to section 102(b) shall be allotted among the States on the basis of the number of persons in the various age groups needing vocational education and the per capita income in the respective States as follows: The Commissioner shall allot to each State for each fiscal year "(A) An amount which bears the same ratio to 50 per centum of the sums being allotted, as the product of the population aged fifteen to nineteen, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus "(B) An amount which bears the same ratio to 20 per centum of the sums being allotted, as the product of the population aged twenty to twenty-four, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus "(C) An amount which bears the same ratio to 15 per centum of the sums being allotted, as the product of the population aged twenty-five to sixty-five, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus "(D) An amount which bears the same ratio to 5 per centum of the sums being allotted, as the sum of the amounts allotted to the State under subparagraphs (A), (B), and (C) for such years bears to the sum of the amounts allotted to all the States under paragraphs (A), (B), and (C) for such year. "(b) The amount of any State's allotment under subsection (a) for any fiscal year which is less than $10,000 shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States under such subsection, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from being thereby reduced to less than that amount. "(c) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be re quired for such fiscal year for carrying out the program for which such amount has been allotted shall be available, from time to time, for reallotment, on such dates during such year as the Commissioner shall fix, on the basis of criteria established by regulation, first among programs authorized by other parts of this title within that State and then among other States, except that funds appropriated under section 102(b) may only be reallotted for the uses set forth in section 122 (a) (4) (A). Any amount reallotted to a State under this subsection for any fiscal year shall remain available for obligation during the next succeeding fiscal year and shall be deemed to be part of its allotment for the year in which it is obligated. 82 STAT. 1066 "(d) (1) The allotment ratio' for any State shall be 1.00 less the "Allotment product of “(A) 0.50, and "(B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the States (exclusive of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), except that (i) the allotment ratio in no case shall be more than 0.60 or less than 0.40, and (ii) the allotment ratio for Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall be 0.60. "(2) The allotment ratios shall be promulgated by the Commissioner for each fiscal year between July 1 and September 30 of the preceding fiscal year. Allotment ratios shall be computed on the basis of the average of the appropriate per capita incomes for the three most. recent consecutive fiscal years for which satisfactory data are available. ratio." “(3) The term 'per capita income' means, with respect to a fiscal "Per capita year, the total personal income in the calendar year ending in such income." year, divided by the population of the area concerned in such year. "(4) For the purposes of this section population shall be determined by the Commissioner on the basis of the latest estimates available to him. "NATIONAL AND STATE ADVISORY COUNCILS "SEC. 104. (a) (1) There is hereby created a National Advisory Council on Vocational Education (hereinafter referred to as the National Council') consisting of twenty-one members appointed by the President, without regard to the civil service laws, for terms of three years, except that (i) in the case of the initial members, seven shall be appointed for terms of one year each and seven shall be appointed for terms of two years each, and (ii) appointments to fill vacancies shall be only for such terms as remain unexpired. The Council shall include persons "(A) representative of labor and management, including persons who have knowledge of the semiskilled, skilled, and technical employment in such occupational fields as agriculture, home economics, distribution and marketing, health, trades, manufacturing, office and service industries, and persons representative of new and emerging occupational fields, "(B) familiar with manpower problems and administration of manpower programs, "(C) knowledgeable about the administration of State and local vocational education programs, including members of local school boards. "(D) experienced in the education and training of handicapped persons, "(E) familiar with the special problems and needs of individuals disadvantaged by their socioeconomic backgrounds, National Advisory Council on Vocational Education. Establishment; membership. 82 STAT. 1067 Duties. Report, transmittal to Congress. Compensation, travel expenses. 80 Stat. 499. Technical assistance, appropriation. Vocational programs. Review, reports. State advisory counoil. Membership. "(F) having special knowledge of postsecondary and adult vocational education programs, and ."(G) representative of the general public who are not Federal employees, including parents and students, except that they may not be representative of categories (A) through (F), and who shall constitute no less than one-third of the total membership. The National Council shall meet at the call of the Chairman, who shall be selected by the President, but not less than four times a year. "(2) The National Council shall "(A) advise the Commissioner concerning the administration. of, preparation of general regulations for, and operation of, Vocational education programs supported with assistance under this title; "(B) review the administration and operation of vocational education programs under this title, including the effectiveness of such programs in meeting the purposes for which they are established and operated, make recommendations with respect thereto, and make annual reports of its findings and recommendations (including recommendations for changes in the provisions of this title) to the Secretary for transmittal to the Congress; and "(C) conduct independent evaluations of programs carried out under this title and publish and distribute the results thereof. "(3) Members of the National Council who are not regular fulltime employees of the United States shall, while serving on business of the National Council, be entitled to receive compensation at rates fixed by the President, but not in excess of $100 per day, including traveltime; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in Government service employed intermittently. "(4) The Council is authorized, without regard to the civil service laws, to engage such technical assistance as may be required to carry out its functions, and to this end there are hereby authorized to be appropriated for the fiscal year ending June 30, 1969, $100,000, and for the fiscal year ending June 30, 1970, and each of the two succeeding fiscal years, $150,000. "(5) The National Council shall review the possible duplication of Vocational education programs at the postsecondary and adult levels within geographic areas, and shall make annual reports of the extent to which such duplication exists, together with its findings and recommendations, to the Secretary. In making these reports, the Council shall seek the opinions of persons familiar with postsecondary and adult vocational education in each State from schools, junior colleges, technical institutes, and other institutions of higher education, as well as from State boards of education, State junior college boards, and State boards of higher education, and persons familiar with area schools, labor, business and industry, accrediting commissions, proprietary institutions, and manpower programs. "(b)(1) Any State which desires to receive a grant under this title for any fiscal year shall establish a State advisory council, which shall be appointed by the Governor or, in the case of States in which the members of the State board are elected, by such board, and which shall "(A) include as members a person or persons— "(i) familiar with the vocational needs and the problems of management and labor in the State, and a person or persons representing State industrial and economic development agencies. |