eligible for reappointment until a year has elapsed since the end of his preceding term. (b) The Council shall advise the Commissioner as specifically indicated in this Act and assist and advise him with respect to other matters of basic policy arising in the administration of this Act. (c) Persons appointed to the Council shall, while serving on business of the Council, receive compensation at rates fixed by the Secretary, but not to exceed $50 per day, and shall also be entitled to receive an allowance for actual and necessary travel and subsistence expenses while so serving away from their places of residence. (d) Whenever the Council considers matter of concern to another agency of the Federal Government, the Secretary may invite the head thereof to designate a representative to be present at such consideration. ADMINISTRATIVE APPROPRIATIONS AUTHORIZED SEC. 5. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1962, and for each fiscal year thereafter, such sums as may be necessary for the cost of administering the provisions of this Act, including the administrative expenses of State commissions on Federal scholarships. DISCRIMINATION PROSCRIBED SEC. 6. The awarding of certificates of scholarship and the granting of scholarship stipends under this Act shall be without regard to sex, creed, race, color, national origin, or residence. SEC. 7. As used in this Act DEFINITIONS (a) The term "State" means a State, the Canal Zone, the District of Columbia, Puerto Rico, or the Virgin Islands. (b) The term "institution of higher education" means an educational institution in any State which (1) admits as regular students only persons having a secondary education or its recognized equivalent, (2) is legally authorized within its own State to provide a program of higher education, (3) offers and conducts an educational program extending at least two academic years beyond the high school, and (4) either is nonprofit and tax-supported, or is determined by the Internal Revenue Service to be an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 as exempt from taxation under section 501 (a) of such Code. (c) The term "Commissioner" means the Commissioner of Education. (d) The term "Secretary" means the Secretary of Health, Education, and Welfare. (e) The term "State commission" means the commission on Federal scholarships established in any State for the purposes of this Act. (f) The term "National Council" means the National Council on Student Aid established in accordance with the provisions of this Act. SCHOLARSHIP APPROPRIATIONS AUTHORIZED SEC. 8. For the purpose of providing scholarship stipends for young persons of demonstrated ability and need, to assist them to attend institutions of higher education, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1962, the sum of $46,000,000; for the fiscal year ending June 30, 1963, the sum of $92,000,000; for the fiscal year ending June 30, 1964, the sum of $138,000,000; for the fiscal year ending June 30, 1965, the sum of $184,000,000; and for each fiscal year thereafter, the sum of $184,000,000 or such greater sum as the Congress may hereafter authorize to be appropriated. APPORTION MENT OF FUNDS FOR SCHOLARSHIP STIPENDS AND DETERMINATION OF FIELDS OF STUDY SEC. 9. (a) The Commissioner shall for each fiscal year beginning with the fiscal year ending June 30, 1962, estimate the total sum from the appropriation, made for such year under the authorization in section 8, which is necessary for continuing to make payments with respect to such year to individuals receiving scholarship stipends for previous years. He shall, in accordance with regulations prescribed by him, apportion such sum among the States on the basis of the aggregate amount paid in the preceding year to scholars from each State, his estimate of changes in the number of such scholars from each State who will be eligible for continuing payments in the year for which such apportionment is made, and such other factors as he may find to be relevant. (b) The remaining portion of such appropriation shall be available for such year for grants of new scholarship stipends. One-half of such remaining portion shall be apportioned among the States on the basis of the relative numbers of students graduating from high school in such States during the most recent year for which nationwide figures are available through the Office of Education, and one-half shall be apportioned among them on the basis of the relative numbers of their total population between the ages of eighteen and twenty-one, inclusive, as determined by the most recent available estimates furnished by the United States Bureau of the Census. (c) In time of actual hostilities involving the Armed Forces of the United States, or when found by the President to be necessary in the interest of national defense, the Commissioner shall for each such year designate the percentage, uniform for all States but in no event less than 60 per centum, of the total number of scholarship stipends to be paid to students engaging in fields of study which are determined, in a manner prescribed by the President, to be related to the national defense or to defense-supporting activities. SELECTION OF RECIPIENTS OF SCHOLARSHIP CERTIFICATES AND STIPENDS SEC. 10. (a) To be eligible to compete in any State for a certificate of scholarship, an individual (1) (A) must hold a certificate of graduation from a school in the State providing secondary education, or (B) must be determined by the State commission for the State in which the individual finished his secondary education (or, in case of an individual who finished his secondary education abroad, by the State commission for the State of which he is a resident), to have attained a level of educational advancement generally accepted as constituting the equivalent of secondary school graduation in the State; (2) must not be eligible for education and training under title II of the Servicemen's Readjustment Act of 1944, as amended, or title II of the Veterans' Readjustment Assistance Act of 1952; (3) must make application for such certificate of scholarship in accordance with such rules as the State commission for such State may establish; and (4) must not have had any Federal scholarship, previously granted under this or any other law, terminated or vacated for any reason (except health) which was inconsistent with continued eligibility to compete for such previous scholarship. (b) From among those competing for certificates of scholarship for each fiscal year, the State commission shall, in accordance with the objective tests and other measures of ability prescribed by the Commissioner pursuant to section 3(c), select the individuals who, on the basis of their outstanding ability to do work in higher education, are to be awarded certificates of scholarship for such year. From among those selected for certificates of scholarship (including individuals so selected in prior years), it shall also select the individuals who, on the basis of their financial need and demonstrated ability, are to be granted scholarship stipends from the State's apportionment for new stipends made pursuant to section 9 for such year, determine the amount of stipend payable to each, and, in the case of a scholar whose stipend is to be charged against a percentage quota established pursuant to section 9 (c), designate the field of study for which the stipend is to be granted. Such elections and determinations shall be made in accordance with general principles and methods, including objective measures for determining the fact and degree of financial need and the amount of the stipend, prescribed in regulations made by the Commissioner with the advice of the National Council and in accordance with percentage quotas, if any, established pursuant to section 9(c). (c) The Commissioner shall award certificates of scholarship, and within the limits of the State's apportionment for new scholarship stipends for a fiscal year and applicable quota (if any) established pursuant to section 9(c) grant scholarship stipends, to individuals certified to him by the State commission of the State as having been selected for a certificate, or for a certificate and stipend, as the case may be, in accordance with the State plan. AMOUNT AND DURATION OF SCHOLARSHIP STIPENDS SEC. 11. (a) The Commissioner, with the advice of the National Council, shall prescribe regulations for determining for each academic year scholarship 74150-61--2 stipend amounts related to the scholar's financial need (objectively measured pursuant to regulations prescribed under section 10(b)), and for each such year shall fix a maximum stipend amount not in excess of $1,500. The scholarship stipend granted to any scholar under this Act shall, for any academic year of the scholarship stipend's duration (as provided in subsection (b)), be the amount determined (pursuant to regulations of the Commissioner prescribed under section 10(b)) with respect to such scholar for such year by the State commission which selected him and shall be payable in such installments and at such times as the Commissioner shall prescribe. (b) The duration of a scholarship stipend granted under this title shall be a period of time not in excess of four academic years (as defined in regulations of the Commissioner) or, subject to such regulations, such longer period as is normally required to complete the undergraduate curriculum which the recipient is pursuing; but in no event shall the duration extend beyond the completion by the recipient of the work for his first post-secondary school degree. Notwithstanding the preceding provisions of this subsection, a scholarship stipend granted under this Act shall entitle the scholar to payments only while (1) the recipient is in financial need thereof, as determined annually (pursuant to regulations of the Commissioner prescribed under section 10(b)) by the State commission which selected him, (2) the recipient devotes essentially full time to educational work in attendance and in good standing at an institution of higher education (except that failure to be in attendance at an institution during the summer months shall not by itself constitute a violation of this requirement) and, in the case of a stipend charged against a percentage quota established pursuant to section 9(c), does so in the field of study to which his stipend is restricted except as otherwise permitted pursuant to regulation, (3) the recipient is not receiving expenses of tuition or other scholarship or fellowship aid from other Federal sources (other than (A) a monetary allowance under a Reserve officers' training program, or (B) compensation for work done for the institution which he is attending or any other work, regardless of the source of the funds from which such compensation is paid), and (4), in the case of a stipend holder considered for a continued payment under a stipend granted for a prior year, the amount of such payment is within the limits of the apportionment for continuing payments made pursuant to section 9(a) to the State from which such stipend holder was selected. PLACE OF MATRICULATION SEC. 12. (a) An individual granted a scholarship stipend under this Act may attend any institution of higher education which has been determined as such in accordance with section 13 and which admits him, regardless of the State in which such institution is located. (b) An individual granted a scholarship stipend under this Act may attend any institution outside of the United States, its Territories, and possessions which admits him, if the Commissioner determines that such institution is substantially comparable to an institution of higher education as defined in section 7(b). SCHOLARSHIP COMMISSIONS IN THE STATES SEC. 13. (a) Any State desiring to participate in the administration of the scholarship program under this Act may do so by establishing a State commission on Federal scholarships broadly representative of educational and public interests in the State and by submitting through such commission a State plan, authorized under State law, for carrying out the purposes of this Act, which is approved by the Commissioner under this section. Such plan must (1) provide that it shall be administered by such commission; (2) provide for the determination of the institutions in the State which are institutions of higher education as defined in section 7(b); (3) provide for the determination, in accordance with the provisions of section 10, of eligibility to compete for certificates of scholarship, for the selection, in accordance with such provisions, of individuals to be awarded certificates of scholarship, and of individuals to be granted new scholarship stipends out of the State's apportionment, for certification of such individuals to the Commissioner, and for subsequent certification of the fact and degree of the continued financial need of, and the amounts payable to, recipients of scholarship stipends and for charging of stipends against any applicable quota established pursuant to section 9(e); (4) provide that the selection of indi viduals for certificates of scholarship and scholarship stipends under this Act shall be made without regard to sex, creed, color, race, national origin, or residence; (5) provide for the making of such reports, in such form and containing such information, as the Commissioner shall from time to time reasonably require for the purposes of this Act, and for compliance with such provisions as the Commissioner may from time to time find reasonably necessary to assure the correctness and verification of such reports; and (6) indicate the official to whom funds for the administrative expenses of the State commission are to be paid. (b) The Commissioner shall approve any plan which fulfills the condition specified in subsection (a). (c) In the case of any State which does not establish a commission and submit and have approved a State plan in accordance with the provisions of this section, the Commissioner shall perform the functions of the State commission in such State until such time as a plan has been submitted by such a commission and is approved under this section. (d) In the case of any State plan which has been approved by the Commissioner, if the Commissioner, after reasonable notice and opportunity for hearing to the State commission administering such plan, finds (1) that the plan has been so changed that it no longer complies with the provisions of subsection (a), or (2) that in the administration of the plan there is a failure to comply substantially with such provisions, the Commissioner shall notify such State commission that the State will not be regarded as eligible to participate in the program under this Act until he is satisfied that there is no longer any such failure to comply. Until such time he shall perform the functions of the State commission in that State. PAYMENT OF SCHOLARSHIP STIPENDS SEC. 14. The Commissioner shall from time to time determine the amounts payable to recipients of scholarship stipends under this Act, and shall certify to the Secretary of the Treasury the amounts so determined and the name of each individual to whom such amounts are to be paid. The Secretary of the Treasury shall thereupon pay in accordance with such certification by check payable to such individual, transmitted through an official of the institution of higher education which such individual is attending. Such official shall be selected by the institution with the approval of the Commissioner. The official thus selected shall transmit such checks to the payee only upon his determination in each instance, and certification thereof to the Commissioner that the recipient is at the time of such transmittal devoting essentially full time to educational work in attendance and in good standing at the institution, that, in the case of a student whose stipend was charged against a percentage quota determined pursuant to section 9 (c), he is pursuing such studies in accordance with his designated field except as otherwise permitted pursuant to regulation, and that, so far as can be ascertained on the basis of the recipient's work at that institution, his scholarship stipend has not, under the provision of the first sentence of section 11 (b), terminated. If for any reason such certification cannot be made by any such official with respect to an individual, the official shall return the check or checks involved to the drawer for cancellation. ADMINISTRATIVE EXPENSES OF STATE COMMISSIONS SEC. 15. The Commissioner shall from time to time certify to the Secretary of the Treasury for payment to the official designated in each State to receive funds for the administration of the State plan such amounts as the Commissioner determines to be necessary for the proper and efficient administration of the State plan (including reimbursement to the State for expenses which the Commissioner detremines were necessary for the preparation of the State plan approved under this title). The Secretary of the Treasury shall, upon receiving such certification and prior to audit or settlement by the General Accounting Office, pay to such official, at the time or times fixed by the Commissioner, the amounts so certified. PAYMENTS AUTHORIZED FOR COMPENSATION TO INSTITUTIONS OF HIGHER SEC. 16. The Commissioner shall pay to any institution of higher education providing education to an individual under a scholarship granted under the provisions of sections 8 through 15 such amounts not in excess of $500 per academic year as are determined by the Commissioner to be necessary to reimburse such institution for the estimated costs of services rendered in providing such education to such individual over and above amounts received from or on behalf of such individual for such services. Such amounts shall be determined in accordance with regulations established by the Commissioner with the advice of the National Council. Costs of services rendered in providing such education shall include instruction, plant operation, administration (including not more than $1.50 a month for administrative costs with respect to such scholarship), and library costs and any other costs reasonably allocable to providing educational services, but shall not include costs of services related to activities not creditable toward the attainment of a degree. APPROPRIATIONS AUTHORIZED FOR EDUCATIONAL SERVICES COMPENSATION SEC. 17. There are authorized to be appropriated such amounts as may be necessary for the payments authorized in section 16. [S. 1140, 87th Cong., 1st sess.] A BILL Providing a program of financial assistance to the States for the construction of public community colleges 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 "Emergency Public Community College Construction Act of 1959". STATEMENT OF FINDINGS AND PURPOSE SEC. 2. The Congress recognizes that the Nation faces a severe shortage of college facilities for the training of qualified young men and women. It also acknowledges the steady growth in need for semiprofessional and technical workers who require more preparation than high school, but less than four years of college. It is therefore the purpose of this Act to assist in (1) supplying the greatly increasing need for college training facilities, and (2) solving the problem of increasing costs for such training, by providing a five-year emergency program of financial assistance to the States in constructing public community college facilities in such locations as will make such facilities accessible to the homes of as many individuals as may be possible. DEFINITIONS SEC. 3. For the purpose of this Act (1) the term "public community college" means an educational institution under public supervision and control and limited to first and second year college grade courses; (2) the term "State" means a State, Guam, Puerto Rico, the Virgin Islands, or the District of Columbia; (3) the term "Commissioner" means the Commissioner of Education, Department of Health, Education, and Welfare; (4) the terms "construct", "constructing", and "construction" include the preparation of drawings and specifications for public community college facilities, erecting, building, acquiring, and expanding public community college facilities, and the inspection and supervision of the construction of such facilities; (5) the term "public community college facilities" means classrooms and related facilities, initial equipment, machinery, utilities, and land (including interests in land and land improvements) necessary or appropriate for the purposes of a public community college, but shall not include athletic stadiums or structures or facilities intended primarily for the purpose of athletic exhibitions, contests, or games or other events for which admission is to be charged to the general public; (6) the term "high school graduate" means a person who has received formal recognition (by diploma, certificate, or similar means) from an approved school for successful completion of four years of education beyond the first eight years of schoolwork, or for demonstration of equivalent |