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"(3) one-fourth shall be selected from among individuals who are Federal, State, or local government officials, and

"(4) one-fourth shall be selected from the general public.

"(d) STATE PARTICIPATION OPTIONAL.-(1) State and territorial delegates and alternates to the national conference may participate in a respective State or territorial conference.

"(2) Nothing in this Act shall be construed to require any State to participate in a State or territorial conference.

"SEC. 3. ADMINISTRATIVE PROVISIONS.

"(a) DIRECTION BY COMMISSION.-The Conference shall be planned and conducted under the direction of the National Commission on Libraries and Information Science.

"(b) COMMISSION FUNCTIONS.-In carrying out this joint resolution, the Commission shall

"(1) when appropriate, request the cooperation and assistance of other Federal departments and agencies in order to carry out its responsibilities;

"(2) make technical and financial assistance (by grant, contract, or otherwise) available to the States to enable them to organize and conduct conferences and other meetings in order to prepare for the Conference;

"(3) prepare and make available background materials for the use of delegates to the Conference and associated State conferences, and prepare and distribute such reports of the Conference and associated State conferences as may be appropriate; and

"(4) conduct fiscal oversight activities with respect to the preparation for and the convening of the Conference including contracting for the services of an audit firm.

"(c) FEDERAL AGENCY COOPERATION AND ASSISTANCE.— (1) Each Federal department and agency, including the national libraries, shall cooperate with, and provide assistance to the Commission upon its request under clause (1) of subsection (b). For that purpose, each Federal department and agency is authorized and encouraged to provide personnel to the Commission.

"(2) The Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library are authorized to detail personnel to the Commission, upon request, to enable the Commission to carry out its functions under this joint resolution.

"(d) PERSONNEL.-In carrying out the provisions of this joint resolution, the Commission is authorized to engage such personnel as may be necessary to assist the Commission and the Advisory Committee, without regard for the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

"(e) EXPENSES.-Members of the Conference may, while away from their homes or regular places of business and attending the Conference, be allowed travel expenses, including per diem in lieu of subsistence, as may be allowed under section 5703 of title 5, United States Code, for persons serving without pay. Such expenses may be paid by way of advances, reimbursement, or in installments as the Commission may determine.

"SEC. 4. REPORTS.

"(a) SUBMISSION TO PRESIDENT; TRANSMITTAL TO CONGRESS.-A final report of the Conference, containing such findings and recommendations as may be made by the Conference, shall be submitted to the President not later than 120 days following the close of the Conference. The final report shall be made public and, within 90 days after its receipt by the President, transmitted to the Congress together with a statement of the President containing the recommendations of the President with respect to such report.

"(b) PUBLICATION AND DISTRIBUTION.—The Commission is authorized to publish and distribute for the Conference the reports authorized under this joint resolution. Copies of all such reports shall be provided to the depository libraries.

"SEC. 5. ADVISORY COMMITTEE.

"(a) COMPOSITION.-There is established an advisory committee of the Conference composed of—

"(1) eight individuals designated by the Chairman of the Commission;

"(2) five individuals designated by the Speaker of the House of Representatives with not more than three being Members of the House of Representatives;

"(3) five individuals designated by the President pro tempore of the Senate with not more than three being Members of the Senate;

"(4) ten individuals appointed by the President;
"(5) the Secretary of Education; and
"(6) the Librarian of Congress.

The President, the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Chairman of the Commission shall, after consultation, assure that members of the Advisory Committee are broadly representative of all areas of the United States.

"(b) FUNCTION.-The advisory committee shall assist and advise the Commission in planning and conducting the Conference.

"(c) ADMINISTRATION.—(1) The Chairman of the Commission shall serve as Vice Chairman of the Advisory Committee. The Advisory Committee shall elect the Chair of the Advisory Committee from among its members, who are not full-time Federal employees. The Advisory Committee shall select the Chair of the Conference.

"(2) The Chairman of the Advisory Committee is authorized to establish, prescribe functions for, and appoint members to, such advisory and technical committees and staff as may be necessary to assist and advise the Conference in carrying out its functions.

"(d) COMPENSATION.-Members of any committee established under this section who are not regular fulltime officers or employees of the United States shall, while attending to the business of the Conference, be entitled to receive compensation therefor at a rate fixed by the President but not exceeding the rate of pay specified at the time of such service for grade GS-18 in section 5332 of title 5, United States Code, including traveltime. Such members, may, while away from their homes or regular places of business, be allowed travel expenses, including per diem in lieu of subsistence, as may be authorized under section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.

"SEC 6. GIFTS AND TITLE TO CERTAIN PROPERTY.

"(a) GIFTS.-The Commission shall have authority to accept, on behalf of the Conference, in the name of the United States, grants, gifts, or bequests of money for immediate disbursement by the Commission in furtherance of the Conference. Such grants, gifts, or bequests offered the Commission, shall be paid by the donor or his representative into the Treasury of the United States, whose receipts shall enter such grants, gifts, and bequests in a special account to the credit of the Commission for the purposes of this joint resolution.

"(b) REVERSION OF CERTAIN EQUIPMENT AND MATERIAL.-Materials and equipment acquired by the White House Conference shall revert to the National Commission on Libraries and Information Science after the close of the White House Conference.

"SEC. 7. DEFINITIONS.

"For the purpose of this joint resolution

"(1) the term 'Commission' means the National Commission on Libraries and Information Science;

"(2) The [sic] term 'Conference' means White House Conference on Library and Information Services; and

"(3) the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and American Indian Tribes.

"SEC. 8. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated without fiscal year limitations $6,000,000 to carry out this joint resolution. Such sums shall remain available for obligation until expended."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1504 of this title.

§ 1502. Establishment

(a) Independent agency within executive branch

There is hereby established as an independent agency within the executive branch, a National Commission on Libraries and Information Science (hereinafter referred to as the "Commission").

(b) Administrative services

The Secretary of Education shall provide the Commission with necessary administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) for which payment shall be made in advance, or by reimbursement, from funds of the Commission and such amounts as may be agreed upon by the Commission and the Secretary of Education.

(Pub. L. 91-345, § 3, July 20, 1970, 84 Stat. 440; Pub. L. 96-88, title III, § 301(a)(2)(J), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

TRANSFER OF FUNCTIONS

"Secretary of Education" was substituted for "Department of Health, Education, and Welfare" and "Secretary of Health, Education, and Welfare" in subsec. (b) pursuant to sections 301(a)(2)(J) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(2)(J) and 3507 of this title and which transferred all functions of the Department and Secretary of Health, Education, and Welfare under this chapter to the Secretary of Education.

§ 1503. Contributions

The Commission shall have authority to accept in the name of the United States grants, gifts, or bequests of money for immediate disbursement in furtherance of the functions of the Commission. Such grants, gifts, or bequests, after acceptance by the Commission, shall be paid by the donor or his representative to the Treasurer of the United States whose receipts shall be their acquittance. The Treasurer of the United States shall enter them in a special account to the credit of the Commission for the purposes in each case specified.

(Pub. L. 91-345, § 4, July 20, 1970, 84 Stat. 441.)

§ 1504. Functions and powers

(a) Advice to President and Congress; studies and surveys, plans; annual report

The Commission shall have the primary responsibility for developing or recommending

overall plans for, and advising the appropriate governments and agencies on, the policy set forth in section 1501 of this title. In carrying out that responsibility, the Commission shall(1) advise the President and the Congress on the implementation of national policy by such statements, presentations, and reports as it deems appropriate;

(2) conduct studies, surveys, and analyses of the library and informational needs of the Nation, including the special library and informational needs of rural areas, of economically, socially, or culturally deprived persons, and of elderly persons, and the means by which these needs may be met through information centers, through the libraries of elementary and secondary schools and institutions of higher education, and through public, research, special, and other types of libraries;

(3) appraise the adequacies and deficiencies of current library and information resources and services and evaluate the effectiveness of current library and information science programs;

(4) develop overall plans for meeting national library and informational needs and for the coordination of activities at the Federal, State, and local levels, taking into consideration all of the library and informational resources of the Nation to meet those needs;

(5) be authorized to advise Federal, State, local, and private agencies regarding library and information sciences;

(6) promote research and development activities which will extend and improve the Nation's library and information-handling capability as essential links in the national communications networks;

(7) submit to the President and the Congress (not later than January 31 of each year) a report on its activities during the preceding fiscal year; and

(8) make and publish such additional reports as it deems to be necessary, including, but not limited to, reports of consultants, transcripts of testimony, summary reports, and reports of other Commission findings, studies, and recommendations.

(b) Contract authority

The Commission is authorized to contract with Federal agencies and other public and private agencies to carry out any of its functions under subsection (a) of this section and to publish and disseminate such reports, findings, studies, and records as it deems appropriate. (c) Hearings

The Commission is further authorized to conduct such hearings at such times and places as it deems appropriate for carrying out the purposes of this chapter.

(d) Cooperation with other agencies

The heads of all Federal agencies are, to the extent not prohibited by law, directed to cooperate with the Commission in carrying out the purposes of this chapter.

(Pub. L. 91-345, § 5, July 20, 1970, 84 Stat. 441; Pub. L. 93-29, title VIII, § 802(a), May 3, 1973, 87 Stat. 59.)

AMENDMENTS

1973-Subsec. (a)(2). Pub. L. 93-29 required the Commission to conduct studies, surveys, and analyses of the special library and informational needs of elderly persons.

§ 1505. Membership

(a) Appointment; terms of office; Chairman; vacan

cies

The Commission shall be composed of the Librarian of Congress and fourteen members appointed by the President, by and with the advice and consent of the Senate. Five members of the Commission shall be professional librarians or information specialists, and the remainder shall be persons having special competence or interest in the needs of our society for library and information services, at least one of whom shall be knowledgeable with respect to the technological aspects of library and information services and sciences, and at least one other of whom shall be knowledgeable with respect to the library and information service and science needs of the elderly. One of the members of the Commission shall be designated by the President as Chairman of the Commission. The terms of office of the appointive members of the Commission shall be five years, except that (1) the terms of office of the members first appointed shall commence on July 20, 1970, and shall expire two at the end of one year, three at the end of two years, three at the end of three years, three at the end of four years, and three at the end of the five years, as designated by the President at the time of appointment, and (2) a member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. (b) Compensation; travel expenses

Members of the Commission who are not in the regular full-time employ of the United States shall, while attending meetings or conferences of the Commission or otherwise engaged in the business of the Commission, be entitled to receive compensation at a rate fixed by the Chairman, but not exceeding the rate specified at the time of such service for grade GS-18 in section 5332 of title 5, including traveltime, and while so serving on the business of the Commission 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 for persons employed intermittently in the Government service.

(c) Professional and technical personnel

(1) The Commission is authorized to appoint, without regard to the provisions of title 5 covering appointments in the competitive service, such professional and technical personnel as may be necessary to enable it to carry out its function under this chapter.

(2) The Commission may procure, without regard to the civil service or classification laws,

temporary and intermittent services of such personnel as is necessary to the extent authorized by section 3109 of title 5, but at rates not to exceed the rate specified at the time of such service for grade GS-18 in section 5332 of title 5, including traveltime, and while so serving on the business of the Commission 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 for persons employed intermittently in the Government service.

(Pub. L. 91-345, § 6, July 20, 1970, 84 Stat. 442; Pub. L. 93-29, title VIII, § 802(b), May 3, 1973, 87 Stat. 59.)

REFERENCES IN TEXT

The provisions of title 5 covering appointments in the competitive service, referred to in subsec. (c)(1), are classified to sections 3301 et seq. of Title 5, Government Organization and Employees.

The civil service laws, referred to in subsec. (c)(2), are set forth in Title 5. See, particularly, section 3301 et seq. of Title 5.

The classification laws, referred to in subsec. (c)(2), are set forth in chapter 51 (§ 5101 et seq.) and subchapter III (§ 5331 et seq.) of chapter 53 of Title 5.

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-29 required that one of the appointees be knowledgeable with respect to the library and information service and science needs of the elderly.

§ 1506. Authorization of appropriations

There are hereby authorized to be appropriated $500,000 for the fiscal year ending June 30, 1970, and $750,000 for the fiscal year ending June 30, 1971, and for each succeeding year, for the purpose of carrying out the provisions of this chapter.

(Pub. L. 91-345, § 7, July 20, 1970, 84 Stat. 442.)

CHAPTER 35-ENVIRONMENTAL EDUCATION

CODIFICATION

The Environmental Education Act, which comprised this chapter, contained appropriation authorizations for fiscal years 1971 to 1977. The Act was superseded by Part H of title III of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2217, known as the Environmental Education Act of 1978, which is classified to section 3011 et seq. of this title.

§§ 1531 to 1536. Omitted

CODIFICATION

Section 1531, Pub. L. 91-516, § 2, Oct. 30, 1970, 84 Stat. 1312; Pub. L. 93-278, § 4, May 10, 1974, 88 Stat. 121, set forth Congressional declaration of findings and purpose of Environmental Education Act. See section 3011 of this title.

Section 1532, Pub. L. 91-516, § 3, Oct. 30, 1970, 84 Stat. 1312; Pub. L. 93-278, §§ 2, 5, 6, May 10, 1974, 88 Stat. 121; Pub. L. 94-273, § 3(15), Apr. 21, 1976, 90 Stat. 376, established an office of environmental education, authorized grants and contracts, and established an Advisory Council on Environmental Education. See sections 3012, 3013, and 3014 of this title.

Section 1533, Pub. L. 91-516, § 4, Oct. 30, 1970, 84 Stat. 1315, related to technical assistance to eligible agencies and organizations. See section 3015 of this title.

Section 1534, Pub. L. 91-516, § 5, Oct. 30, 1970, 84 Stat. 1315, authorized grants to nonprofit organizations. See section 3016 of this title.

Section 1535, Pub. L. 91-516, § 6, Oct. 30, 1970, 84 Stat. 1315, related to administration of the Act. See section 3017 of this title.

Section 1536, Pub. L. 91-516, § 7, Oct. 30, 1970, 84 Stat. 1315; Pub. L. 93-278, § 3, May 10, 1974, 88 Stat. 121, authorized appropriations to carry out the purposes of the Act. See section 3018 of this title.

CHAPTER 36-EMERGENCY SCHOOL AID

§§ 1601 to 1619. Repealed. Pub. L. 95-561, title VI, § 601(b)(2), Nov. 1, 1978, 92 Stat. 2268

Section 1601, Pub. L. 92-318, title VII, § 702, June 23, 1972, 86 Stat. 354, related to Congressional findings and purpose with respect to this chapter. See section 3192 of this title.

Section 1602, Pub. L. 92-318, title VII, § 703, June 23, 1972, 86 Stat. 354, related to policy of the United States with respect to application of certain provisions of Federal laws. See section 3193 of this title.

Section 1603, Pub. L. 92-318, title VII, § 704, June 23, 1972, 86 Stat. 355; Pub. L. 93-380, title VI, §§ 641(a), 642(a), Aug. 21, 1974, 88 Stat. 587; Pub. L. 94-482, title III, § 321(a)-(c)(1), Oct. 12, 1976, 90 Stat. 2216; Pub. L. 95-561, title VI, § 601(b)(1), Nov. 1, 1978, 92 Stat. 2268, authorized appropriations for purpose of carrying out this chapter. See section 3194 of this title.

Section 1604, Pub. L. 92-318, title VII, § 705, June 23, 1972, 86 Stat. 355, related to apportionment to States of sums appropriated pursuant to section 1603(a) of this title for grants and contracts. See section 3195 of this title.

Section 1605, Pub. L. 92-318, title VII, § 706, June 23, 1972, 86 Stat. 356; Pub. L. 93-380, title VI, § 643(a), (b), Aug. 21, 1974, 88 Stat. 587; S. Res. 4, Feb. 4, 1977, related to eligibility for assistance. See section 3196 of this title.

Section 1606, Pub. L. 92-318, title VII, § 707, June 23, 1972, 86 Stat. 359; Pub. L. 94-482, title III, § 321(c)(2), Oct. 12, 1976, 90 Stat. 2217, related to authorized activities with respect to financial assistance. See section 3197 of this title.

Section 1607, Pub. L. 92-318, title VII, § 708, June 23, 1972, 86 Stat. 360; Pub. L. 93-380, title VI, §§ 644, 645, Aug. 21, 1974, 88 Stat. 588; Pub. L. 94-482, title V, § 501(a)(12), Oct. 12, 1976, 90 Stat. 2235, related to special programs and projects with respect to financial assistance. See section 3198 of this title.

Section 1608, Pub. L. 92-318, title VII, § 709, June 23, 1972, 86 Stat. 361; Pub. L. 93-380, title II, § 222, title VI, § 642(b), Aug. 21, 1974, 88 Stat. 519, 587; Pub. L. 94-482, title V, § 501(i), Oct. 12, 1976, 90 Stat. 2237, related to availability of sums for metropolitan area projects. See section 3199 of this title.

Section 1609, Pub. L. 92-318, title VII, § 710, June 23, 1972, 86 Stat. 362; Pub. L. 93-380, title VI, § 643(c), Aug. 21, 1974, 88 Stat. 587; Pub. L. 94-482, title III, § 323(a)(5), Oct. 12, 1976, 90 Stat. 2218, related to applications for assistance. See section 3200 of this title. Section 1610, Pub. L. 92-318, title VII, § 711, June 23, 1972, 86 Stat. 366, related to availability of funds for educational television. See section 3201 of this title.

Section 1611, Pub. L. 92-318, title VII, § 712, June 23, 1972, 86 Stat. 366, related to payment of assistance to applicant. See section 3202 of this title.

Section 1612, Pub. L. 92-318, title VII, § 713, June 23, 1972, 86 Stat. 367, related to evaluation of programs and projects assisted under this chapter. See section 3203 of this title.

Section 1613, Pub. L. 92-318, title VII, § 714, June 23, 1972, 86 Stat. 368; S. Res. 4, Feb. 4, 1977, related to reports to President and Congressional committees.

Section 1614, Pub. L. 92-318, title VII, § 715, June 23, 1972, 86 Stat. 368, related to administration of joint funding with respect to programs and projects under this chapter. See section 3204 of this title.

Section 1615, Pub. L. 92-318, title VII, § 716, June 23, 1972, 86 Stat. 368; Pub. L. 93-380, title VIII, § 845(e), Aug. 21, 1974, 88 Stat. 612; Pub. L. 94-43, § 3, June 28, 1975, 89 Stat. 233; Pub. L. 94-482, title III, § 321(d), Oct. 12, 1976, 90 Stat. 2217, related to establishment of National Advisory Council on Equality of Educational Opportunity.

Section 1616, Pub. L. 92-318, title VII, § 717(a), June 23, 1972, 86 Stat. 369, related to applicability of General Education Provisions Act to this chapter.

Section 1617, Pub. L. 92-318, title VII, § 718, June 23, 1972, 86 Stat. 369, related to allowance of reasonable attorney's fees respecting a final order by a court against an educational agency, a State, etc., for failure to comply with provisions of this chapter, discrimination on basis of race, etc. See section 3205 of this title. Section 1618, Pub. L. 92-318, title VII, § 719, June 23, 1972, 86 Stat. 369, related to effect of this chapter on method of student assignment. See section 3206 of this title.

Section 1619, Pub. L. 92-318, title VII, § 720, June 23, 1972, 86 Stat. 369; Pub. L. 93-380, title VI, § 643(d), Aug. 21, 1974, 88 Stat. 587; Pub. L. 94-482, title III, § 321(c)(3), Oct. 12, 1976, 90 Stat. 2217, defined terms used in this chapter. See section 3207 of this title.

EFFECTIVE DATE OF REPEAL

Section 601(b)(2) of Pub. L. 95-561 provided that the repeal of sections 1601 to 1619 of this title is effective Sept. 30, 1979.

Sec. 1651.

1652.

1653.

1654.

1655.

1656.

CHAPTER 37-ASSIGNMENT OR
TRANSPORTATION OF STUDENTS

Prohibition against assignment or transpor-
tation of students to overcome racial im-
balance.

Prohibition against busing.

(a) Use of appropriated funds for busing. (b) Rules, regulations, orders, etc., for

busing.

(c) "Applicable program" defined. Omitted.

Intervention authorization in implementation of court orders.

Uniform rules of evidence of racial discrimination.

Prohibition against official or court orders to achieve racial balance or insure compliance with constitutional standards applicable to entire United States.

§ 1651. Prohibition against assignment or transportation of students to overcome racial imbalance

No provision of this Act shall be construed to require the assignment or transportation of students or teachers in order to overcome racial imbalance.

(Pub. L. 92-318, title VIII, § 801, June 23, 1972, 86 Stat. 371.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended, known as the Education Amendments of 1972. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

§ 1652. Prohibition against busing

(a) Use of appropriated funds for busing

No funds appropriated for the purpose of carrying out any applicable program may be used for the transportation of students or teachers (or for the purchase of equipment for such

transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students and teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system, except on the express written voluntary request of appropriate local school officials. No such funds shall be made available for transportation when the time or distance of travel is so great as to risk the health of the children or significantly impinge on the educational process of such children, or where the educational opportunities available at the school to which it is proposed that any such student be transported will be substantially inferior to those opportunities offered at the school to which such student would otherwise be assigned under a nondiscriminatory system of school assignments based on geographic zones established without discrimination on account of race, religion, color, or national origin.

(b) Rules, regulations, orders, etc., for busing

No officer, agent, or employee of the Department of Education, the Department of Justice, or any other Federal agency shall, by rule, regulation, order, guideline, or otherwise (1) urge, persuade, induce, or require any local education agency, or any private nonprofit agency, institution, or organization to use any funds derived from any State or local sources for any purpose, unless constitutionally required, for which Federal funds appropriated to carry out any applicable program may not be used, as provided in this section, or (2) condition the receipt of Federal funds under any Federal program upon any action by any State or local public officer or employee which would be prohibited by clause (1) on the part of a Federal officer or employee. No officer, agent, or employee of the Department of Education or any other Federal agency shall urge, persuade, induce, or require any local education agency to undertake transportation of any student where the time or distance of travel is so great as to risk the health of the child or significantly impinge on his or her educational process; or where the educational opportunities available at the school to which it is proposed that such student be transported will be substantially inferior to those offered at the school to which such student would otherwise be assigned under a nondiscriminatory system of school assignments based on geographic zones established without discrimination on account of race, religion, color, or national origin.

(c) “Applicable program” defined

An applicable program means a program to which the General Education Provisions Act [20 U.S.C. 1221 et seq.] applies.

(Pub. L. 92-318, title VIII, § 802, June 23, 1972, 86 Stat. 371; Pub. L. 96-88, title III, § 301, title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692.)

REFERENCES IN TEXT

The General Education Provisions Act, referred to in subsec. (c), is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, as amended, which is classified generally to chapter 31 (§ 1221 et seq.) of this title. For complete classification of this Act to the Code, see section 1221 of this title and Tables.

TRANSFER OF FUNCTIONS

"Department of Education" was substituted for "Department of Health, Education, and Welfare" (including the Office of Education)" in subsec. (b) pursuant to sections 301 and 507 of Pub. L. 96-88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of the Department of Health, Education, and Welfare, including the Office of Education, to the Department of Education.

§ 1653. Omitted

CODIFICATION

Section, Pub. L. 92-318, title VIII, § 803, June 23, 1972, 86 Stat. 372, provided that the effectiveness of orders of district courts requiring the transfer or transportation of students for the purposes of achieving a balance among students with respect to race, sex, religion, or socioeconomic status, be postponed until all appeals in connection with such orders have been exhausted or until expiration of the time for such appeals, expired at midnight on January 1, 1974.

§ 1654. Intervention authorization in implementation of court orders

A parent or guardian of a child, or parents or guardians of children similarly situated, transported to a public school in accordance with a court order, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process.

(Pub. L. 92-318, title VIII, § 804, June 23, 1972, 86 Stat. 372.)

§ 1655. Uniform rules of evidence of racial discrimination

The rules of evidence required to prove that State or local authorities are practicing racial discrimination in assigning students to public schools shall be uniform throughout the United States.

(Pub. L. 92-318, title VIII, § 805, June 23, 1972, 86 Stat. 372.)

§ 1656. Prohibition against official or court orders to achieve racial balance or insure compliance with constitutional standards applicable to entire United States

The proviso of section 407(a) of the Civil Rights Act of 1964 [42 U.S.C. 2000c-6(a)] providing in substance that no court or official of the United States shall be empowered to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards shall apply to all public school pupils and to every public school system, public school and public school board, as defined by title IV [42 U.S.C. 2000c et seq.], under all circumstances and conditions and at all times in every State, district, territory, Commonwealth, or possession of the United States regardless of whether the resi

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