83 STAT. 103 79 Stat. 983; 81 Stat. 805. 42 USC 2492. action brought in the United States district court for the district in which the facility is situated."; (2) in section 2, by adding at the end thereof the following: "(5) The term 'construction' means the construction and initial equipment of new buildings, including architect's fees, but excluding "Construction." the acquisition of land."; and Appropriation. 42 USC 2494. (3) in section 4, by striking out "and" after "1969," and by striking out "1970" and all that follows and inserting in lieu thereof the following: "1970, $12,500,000 for the fiscal year ending June 30, 1971, $15,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973, and for each succeeding fiscal year." Approved August 20, 1969. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-395 (Comm. on Education & Labor). May 23: Considered and passed Senate. Aug. 4: Considered and passed House, amended. Aug. 7: Senate conourred in House amendment. 91st Congress, H. R. 13194 An Act To authorize special allowances for lenders with respect to insured student loans under title IV-B of the Higher Education Act of 1965 when necessary in the light of economic conditions in order to assure that students will have reasonable access to such loans for financing their education, and to increase the authorizations for certain other student assistance programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Emergency be cited as the "Emergency Insured Student Loan Act of 1969". INCENTIVE PAYMENTS ON INSURED STUDENT LOANS SEC. 2. (a) (1) Whenever the Secretary of Health, Education, and Welfare determines that the limitations on interest or other conditions (or both) applicable under part B of title IV of the Higher Education Act of 1965 (Public Law 89-329) to student loans eligible for insurance by the Commissioner of Education or under a State or nonprofit private insurance program covered by an agreement under section 428 (b) of such Act, considered in the light of the then current economic conditions and in particular the relevant money market, are impeding or threatening to impede the carrying out of the purposes of such part B and have caused the return to holders of such loans to be less than equitable, he is hereby authorized, by regulation applicable to a three-month period specified therein, to prescribe (after consultation with the Secretary of the Treasury and the heads of other appropriate agencies) a special allowance to be paid by the Commissioner of Education to each holder of an eligible loan or loans. The amount of such allowance to any holder with respect to such period shall be a percentage, specified in such regulation, of the average unpaid balance of disbursed principal (not including interest added to principal) of all eligible loans held by such holder during such period, which balance shall be computed in a manner specified in such regulation; but no such percentage shall be set at a rate in excess of 3 per centum per annum. (2) A determination pursuant to paragraph (1) may be made by the Secretary of Health, Education, and Welfare, on a national, regional, or other appropriate basis and the regulation based thereon may, accordingly, set differing allowance rates for different regions or other areas or classifications of lenders, within the limit of the maximum rate set forth in paragraph (1). (3) For each three-month period with respect to which the Secretary of Health, Education, and Welfare prescribes a special allowance, the determination required by paragraph (1) shall be made, and the percentage rate applicable thereto shall be set, by promulgation of a new regulation or by amendment to a regulation applicable to a prior period or periods. (4) The special allowance established for any such three-month period shall be payable at such time, after the close of such period, as may be specified by or pursuant to regulations promulgated under this Act. The holder of a loan with respect to which any such allowance is to be paid shall be deemed to have a contractual right, as against the United States, to receive such allowance from the Commissioner. (5) Each regulation or amendment, prescribed under this Act, which establishes a special allowance with respect to a three-month period specified in the regulation or amendment shall, notwithstanding section 505 of the Higher Education Amendments of 1968, apply to the three-month period immediately preceding the period in which Insured Student Loan Act of 1969. 79 Stat. 1236. 20 USC 1071 1087. Amount. 83 STAT 141 83 STAT. 142 National or . regional allowance rates. Effective date of payment. 82 Stat. 1063. 20 USC 1001 note. 54-998 O-71 - 56 Publication in Federal Register. Discrimination. 79 Stat. 1236. 20 USC 10711087. Report to Financial assistance opportunities. Regulations by HEW Secretary. 83 STAT. 142 83 STAT. 143 "Eligible loan." 20 USC 1078. Appropriation. 82 Stat. 1021. 20 USC 1071. such regulation or amendment is published in the Federal Register, except that the first such regulation may be made effective as of August 1, 1969, and notwithstanding other provisions of this section requiring a three-month period, may be made effective for a period of less than three months. (6) (A) The Secretary of Health, Education, and Welfare shall determine, with respect to the student insured loan program as authorized under part B of title IV of the Higher Education Act of 1965 and this Act, whether there are any practices of lending institutions which may result in discrimination against particular classes or categories of students, including the requirement that as a condition to the receipt of a loan the student or his family maintain a business relationship with the lender, the consequences of such requirement, and the prac tice of refusing to make loans to students for their freshman year of study, and also including any discrimination on the basis of sex, color, creed, or national origin. The Secretary shall make a report with respect to such determination, and his recommendations, to the Congress on or before March 1, 1970. (B) If, after making such determination, the Secretary finds that, in any area, a substantial number of eligible students are denied a fair opportunity to obtain an insured student loan because of practices of lending institutions in the area which limit student participation, (i) he shall take such steps as may be appropriate, after consultation with the appropriate State guarantee agencies and the Advisory Council on Financial Aid to Students, relating to such practices and to encourage the development in such area of a plan to increase the availability of financial assistance opportunities for such students, and (ii) he shall, within sixty days after making such determination, adopt or amend appropriate regulations pertaining to the student insured loan program to prevent, where practicable, any practices which he finds have denied loans to a substantial number of students. (7) As used in this Act, the term "eligible loan" means a loan made on or after August 1, 1969, and prior to July 1, 1971, which is insured under title IV-B of the Higher Education Act of 1965, or made under a program covered by an agreement under section 428 (b) of such Act. (b) The Commissioner of Education shall pay to the holder of an eligible loan, at such time or times as are specified in regulations, a special allowance prescribed pursuant to subsection (a), subject to the condition that such holder shall submit to the Commissioner, at such time or times and in such manner as he may deem proper, such information as may be required by regulation for the purpose of enabling the Secretary of Health, Education, and Welfare and the Commissioner to carry out their functions under this Act and to carry out the purposes of this Act. (c) (1) There are hereby authorized to be appropriated for special allowances as authorized by this section not to exceed $20,000,000 for the fiscal year ending June 30, 1970, $40,000,000 for the fiscal year ending June 30, 1971, and for succeeding fiscal years such sums as may be necessary. (2) Sums available for expenditure pursuant to appropriations made for the fiscal year ending June 30, 1969, under section 421 (b) (other than clause (1) thereof) of the Higher Education Act of 1965 shall be available for payment of special allowances under this Act. The authorization in paragraph (1) shall be reduced by the amount made available pursuant to this paragraph. 83 STAT. 143 INCREASED AUTHORIZATION FOR THE NATIONAL DEFENSE STUDENT LOAN 82 Stat. 1034. SEC. 3. Section 201 of the National Defense Education Act of 1958 is amended by striking out "$275,000,000 for the fiscal year ending 20 USC 421. June 30, 1970, and, $300,000,000 for the fiscal year ending June 30, 1971" and inserting in lieu thereof "$325,000,000 for the fiscal year ending June 30, 1970, and $375,000,000 for the fiscal year ending June 30, 1971". INCREASED AUTHORIZATION FOR THE EDUCATIONAL OPPORTUNITY GRANT SEC. 4. Section 401 (b) of the Higher Education Act of 1965 is amended by striking out "$100,000,000 for the fiscal year ending June 30, 1970, and $140,000,000 for the fiscal year ending June 30, 1971" and inserting in lieu thereof "$125,000,000 for the fiscal year ending June 30, 1970, and $170,000,000 for the fiscal year ending June 30, 1971". INCREASED AUTHORIZATION FOR THE WORK-STUDY PROGRAM SEC. 5. Section 441 (b) of the Higher Education Act of 1965 is amended by striking out "$250,000,000 for the fiscal year ending June 30, 1970, and $285,000,000 for the fiscal year ending June 30, 1971" and inserting in lieu thereof "$275,000,000 for the fiscal year ending June 30, 1970, and $320,000,000 for the fiscal year ending June 30, 1971". Approved October 22, 1969. 82 Stat. 1017. 20 USC 1061. 82 Stat. 1028. 42 USC 2751. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-455 (Comm. on Education & Labor) and SENATE REPORT No. 91-368 accompanying S. 2721 (Comm. on CONGRESSIONAL RECORD, Vol. 115 (1969): Aug. 11, 12: House objected to requests for consideration. Aug. 12, Sept. 16: Considered and passed Senate, amended, Oct. 13: Senate agreed to conference report. Public Law 91-97 91st Congress, S. 1242 October 27, 1969 An Act To amend the Communications Act of 1934 by extending the provisions thereof relating to grants for construction of educational television or radio broadcasting facilities and the provisions relating to support of the Corporation for Public Broadcasting. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Educational Television and Radio Amendments of 1969". THREE-YEAR AUTHORIZATION FOR PUBLIC BROADCASTING FACILITIES SEC. 2. (a) Section 391 of the Communications Act of 1934 (47 U.S.C. 391) is amended by inserting after the second sentence the following new sentence: "There are also authorized to be appropriated for the fiscal year ending June 30, 1971, and for each of the two succeeding fiscal years, $15,000,000 per fiscal year." (b) The last sentence of such section is amended by striking out "July 1, 1971" and inserting in lieu thereof "July 1, 1974". ONE-YEAR EXTENSION OF FINANCING OF CORPORATION FOR PUBLIC BROADCASTING SEC. 3. (a) Paragraph (1) of subsection (k) of section 396 of the Communications Act of 1934 (47 U.S.C. 396) is amended by inserting ", and for the next fiscal year the sum of $20,000,000" after "$9,000,000". (b) Paragraph (2) of such subsection is amended by inserting "or the next fiscal year" after "June 30, 1969,". Approved October 27, 1969. 83 STAT. 146 Educational 76 Stat. 65; 81 Stat. 365. 81 Stat. 372; 82 Stat. 108. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-466 accompanying H. R. 7737 (Comm. on SENATE REPORT No. 91-167 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 115 (1969): |