Sec. *491 +491 *491 *511(a) *521 *511(a) 521 *511(b) *521 3. Program "B": Guidance and counseling institutes. a. Appropriations authorized. For purposes of program "B", the Act authorizes an annual appropriation of $6.25 million for the fiscal year ending June 30, 1959 until the fiscal year ending June 30, 1964. b. Contracts with institutions. The Commissioner of Education is to contract with institutions of higher education for short-term or regular session institutes to provide training to improve the qualifications of persons engaged in counseling and guidance of students in secondary school, or of teachers preparing to engage in this work. c. Stipends to trainees. Trainees at these institutes who are engaged or preparing to engage in public secondary school guidance and counseling will receive stipends of $75 a week during their training, plus $15 a week for each of their dependents. F. Language development (Title VI of the act) a. Program "A". Federal contracts with institutions of higher education for paying one-half of the costs of establishing and operating centers for teaching modern foreign languages (and related instruction necessary to a full understanding of the countries involved) as to which the Commissioner of Education finds that there is a national need for persons proficient in such languages, and that adequate instruction in such languages is not readily available in this country; b. Program "B". Federal contracts with institutions of higher education for short-term or regular session institutes for advanced training for persons engaged in, or preparing for, teaching (or supervisory or training teachers) of modern foreign languages in elementary or secondary schools. 2. Appropriations authorized. This title of the Act authorizes the annual appropriation of $8 million dollars for the fiscal year ending June 30, 1959, until the fiscal year ending June 30, 1964 to be used for program "A" and for Office of Education research and studies in support of such program. An appropriation covering the same period of years is authorized for program "B" in the amount of $7.25 million. 3. Stipends for trainees. Trainees attending program "A" centers may be paid stipends in amounts determined by the Commissioner but only upon assurance that the recipients will be available for teaching a modern foreign language in an institution of higher education or for other service of a public nature. Stipends at the rate of $75 a week, plus $15 for each dependent, will be paid trainees at program "B" institutes who are or will be engaged in teaching (or supervising or training teachers of) modern foreign languages at public elementary or secondary schools. G. Research and Experimentation in More Effective Use Sec. of Television, Radio, Motion Pictures, and Related Media for Educational Purposes (Title VII of the act) 542 1. Research and experimentation. This title author- 541 izes the Commissioner of Education to make grants to public or nonprofit agencies, organizations, and individuals, and contracts with public or private agencies, organizations, groups, and individuals, for projects of research and experimentation on this subject. All such grants or contracts must be approved by the Advisory Committee on New Educational Media which this title sets up to perform this function and otherwise advise the Commissioner in his administration of the title. 561 562 2. Dissemination of information on new educational 551 media. To disseminate information on new educational media to State and local education agencies and institutions of higher education, the title also authorizes the Commissioner of Education, directly or through grants or contracts, to study the need for increased use of these media, prepare and publish materials useful in encouraging and making better use of such media for educational purposes, and providing technical assistance to State and local educational agencies and institutions of higher education in the use of such media. 3. Appropriations authorized. This title of the Act *563 authorizes the annual appropriation of $5 million for the fiscal years 1960-1964. H. Science Information Service (Title IX of the act) Title 42 1. Purpose. This title of the Act authorizes the establishment of two organizations by the National Science Foundation, for its assistance to aid scientific research: The Science Information Center and the Science Information Council. Sec. 2. The Science Information Service. This unit is estab- 1876 lished in the National Science Foundation. Through it, the Foundation will provide or arrange for indexing, abstracting, translating, and other services leading to a more effective dissemination of scientific information, and to undertake programs to develop new or improved methods for making scientific information available. 3. The Science Information Council. This organiza- 1877 tion is to consist of the Librarian of Congress, the Director of the National Library of Medicine, the Director of the Department of Agriculture Library, the head of the Science Information Service and fifteen appointed members. It is to be the duty of the Council to advise, to consult with and to make recommendations to the head of the Science Information Service. 4. Authorization of appropriations. This title au- 1879 thorizes the annual appropriation of such sums as are 91874-63-5 Sec. Title 20 Sec. 581 (a) 581 (d) 582 581 (c) 584 (a) 587 P.L. 87-835, 76 Stat.1070 (1962) Sec. 3 Title 20 585 *589 (a) 589 (b) necessary to carry out its provisions, for the fiscal year 1. Miscellaneous provisions (Title X of the act) a. The Commissioner of Education is charged with the administration of the Act, though he is authorized to delegate any of his functions except the making of regulations. He is to consult with and advise the heads. of departments and agencies of the United States concerning the scholarship and fellowship programs. He is authorized to appoint an advisory committee to advise and consult with him with respect to the administration of the provisions. The Act requires that he annually submit a report to Congress, including recommendations for revisions, concerning his administration of the Act. b. The State educational agency is to be the sole administering agency of a State plan. This agency is to provide the Commissioner with such information as he may require and provide for proper fiscal control and fund accounting procedures. c. The Act authorizes the annual appropriation of such sums as may be necessary for the cost of administering the act, including the administrative expenses of State commissions. 2. Certain conditions or payments to individuals. a. No funds made available under this Act are to be used to make payments or loans to any individuals unless such individuals swears or affirms his allegiance to the United States, its Constitution and laws. b. No fellowships or stipends are to be awarded to an individual until he has made available to the Commissioner of Education a record of any past criminal convictions or current criminal charges against him that are punishable by confinement for more than thirty days. c. It is unlawful for any member of a Communist organization to make application for any payment or loan under the Act. Violations are punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both. 3. Withholding of payments to States. Payments may be withheld from a State where its State plan has been changed, or there is a failure to comply with the plan. The State may obtain judicial review of the Commissioner's final action with respect to approval of a State plan, or concerning his withholding of payments. 4. Improvement of statistical services of State educational agencies. This section of the Act authorizes Federal grants to States to assist their State educational agencies to improve and strengthen their statistical services. The Act authorizes up to $50,000 annually for each State for the fiscal years 1959-1964; funds paid to a State are to be in amounts equal to one-half of the cost incurred by the State. The kinds of statistical service that may be in the program include the following: analysis and reporting of statistical data supplied by local education units, the development of accounting and reporting manuals to serve as guides for local education units, the conducting of conferences and training for personnel of local education units, periodic review of the program for records and reports, improved methods for obtaining educational data from other States, and provisions for expediting the processing and reporting of statistical data. Payments are to be made to a State educational agency following the approval by the Commissioner of Education of its State plan. II. Legislative background: Selected major provisions by statute and citations to sections of the United States Code affected by each The National Defense Education Act of 1958: 72 Stat. 1581 (1958), 20 U.S.C. sec's. 15aaa- 1959 Amendment: 73 Stat. 144 (1959), 20 U.S.C. sec's. 15ggg(a), 1960 Amendment: 74 Stat. 413 (1960), 20 U.S.C. sec's. 15ggg(a), 1961 Amendments: 75 Stat. 623 (1961), 20 U.S.C. sec. 425 (b) 75 Stat. 832 (1961), 20 U.S.C. sec. 425 (a) 75 Stat. 759 (1961) 20 U.S.C. sec. 15aaa, 421, 1962 Amendment: 76 Stat. 1070 (1962), not codified yet, but, THE NATIONAL SCHOOL LUNCH ACT AND Aid to the States, State educational agencies and schools in the form of funds for food and nonfood assistance, and the donation of foods and milk is treated here under the same heading, as they are all specifically related to the non-profit school lunch program. For purposes of this analysis, however, each Act that operates independently is analyzed independently; thus, three parts are required, corresponding to the National School-Lunch Act, the donation of commodities under section 416 of the Agricultural Act of 1949, and the Special Milk Program. Sec. 589 (c) 589 (d) Sec. Title 42 Sec. 1751 I. Substance of the existing law, keyed to the United NOTE. The National School Lunch Act was amended in the second session of the 87th Congress, and therefore the amendatory sections have not yet been codified. These new sections will be keyed to the pertinent sections as they appear in Public Law 87-823, 76 Stat. 944 (1962); an asterisk precedes their citation. All other citations are to the United States Code (1958). THE NATIONAL SCHOOL LUNCH ACT, AS AMENDED Public Law 396 (1946), Public Law 518 (1952), Public Law 87-823 A. Purpose The Act declares that it is "the policy of Congress as a measure of national security, to safeguard the health and well-being of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other foods, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of non-profit school lunch programs." B. Authorization of appropriations, apportionment, and matching formula for the regular and "special assistance" of school lunch programs NOTE. The Act provides a program of regular financial assistance by authorizing funds for both food costs and "nonfood assistance"; the authorizations of appropriations, apportionment and matching requirements for these are similar and they are treated consecutively under one heading. The "special assistance" allowed for areas in which poor economic conditions exist, has a different system, and is treated separately under one heading, at section 2. Federal aid by means of donating food commodities is of such a different nature and method that it is treated entirely by itself at section D. 1. Regular assistance. As noted above, the term regular assistance is here used to indicate the provision of funds for regular grants to aid in the payment of food costs and for nonfood assistance. a. Matching grants for assistance in the payment of food costs. (1) Total authorization. The Act authorizes the appropriation each year of such sums as are necessary to carry out the provisions of the Act other than those for "special assistance." Of this total, a minimum of seventy-five percent is to be used for payment of food costs. (2) Apportionment. The Act provides, temporarily, for two formulas of apportionment: that which was used in the original Act and that provided in the 1962 amendment of the Act. For the fiscal year beginning July 1, 1962, three-quarters of the appropriated funds are to be apportioned according to the old formula, one-quarter |