making loans authorized in section 445 of this title. There are also authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1959, and for each of the five succeeding fiscal years, and $10,000,000 for the fiscal year ending June 30, 1965, and for each of the three succeeding fiscal years, for making payments to State educational agencies under this subchapter to carry out the programs described in paragraph (5) of section 443 (a) of this title. (Pub. L. 85-864, title III, § 301, Sept. 2, 1958, 72 Stat. 1588; Pub. L. 87-344, title II, § 202(a), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88-210, § 23 (a), Dec. 18, 1963, 77 Stat. 416; Pub. L. 88-665, title III, § 302, Oct. 16, 1964, 78 Stat. 1103.)

AMENDMENTS

1964-Pub. L. 88-665 substituted "five succeeding fiscal years" for "six succeeding fiscal years" in two instances, authorized $90,000,000 for the fiscal year ending June 30, 1965 and for each of the three succeeding fiscal years for payments to State educational agencies for acquisition of equipment and for minor remodeling and for loans to nonprofit private schools, and $10,000,000 for the fiscal year ending June 30, 1965 and for each of the three succeeding fiscal years for programs to expand or improve supervisory or related services in public elementary and secondary schools, and deleted "(suitable for use in providing education in science, mathematics, or modern foreign language)" following "acquisition of equipment." 1963-Pub. L. 88-210 substituted "six succeeding fiscal years" for "five succeeding fiscal years', wherever appearing.

1961-Pub. L. 87-344 substituted "five succeeding fiscal years" for "three succeeding fiscal years" in two instances. § 442. Allotments to States.

(a) (1) From the sums appropriated pursuant to the first sentence of section 441 of this title for any fiscal year the Commissioner shall reserve such amount, but not in excess of 2 per centum thereof, as he may determine for allotment as provided in section 588 of this title, and shall reserve 12 per centum for loans authorized in section 445 of this title. From the remainder of such sums the Commissioner shall allot to each State an amount which bears the same ratio to the amount of such remainder as the product of

(A) the school-age population of the State, and (B) the State's allotment ratio (as determined under paragraph (2)),

bears to the sum of the corresponding products for all the States.

(2) The "allotment ratio" for any State shall be 100 per centum less the product of (A) 50 per centum and (B) the quotient obtained by dividing the income per child of school age for the State by the income per child of school age for the United States, except that the allotment ratio shall in no case be less than 33 per centum or more than 66% per centum. The allotment ratios shall be promulgated by the Commissioner between July 1 and August 31 of each even-numbered year beginning with calendar year 1964, on the basis of the average of the incomes per child of school age for the States and for the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Each such promulgation shall be conclusive for each of the two fiscal years in the period July 1 next succeeding such promulgation, except that the ratios promulgated in 1959 shall be conclusive for

each of the five fiscal years in the period beginning July 1, 1960, and ending June 30, 1965.

(3) For the purposes of this subchapter(A) The term "child of school age" means a member of the population between the ages of five and seventeen, both inclusive.

(B) The term "United States" means the fifty States and the District of Columbia.

(C) The term "income per child of school age" for any State or for the United States means the total personal income for the State and the United States, respectively, divided by the number of children of school age in such State and in the United States, respectively.

(4) Repealed. Pub. L. 88-210, § 23 (b) (2), Dec. 18, 1963, 77 Stat. 416.

(b) From the sums appropriated pursuant to the second sentence of section 441 of this title for any fiscal year the Commissioner shall reserve such amount, but not in excess of 2 per centum thereof, as he may determine for allotment as provided in section 588 of this title. From the remainder of such sums the Commissioner shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school-age population of such State bears to the total of the school-age populations of all of the States. The amount allotted to any State under the preceding sentence for any fiscal year which is less than $50,000 shall be increased to $50,000, the total thereby required being derived by proportionately reducing the amount allotted to each of the remaining States under the preceding sentence, 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 $50,000.

(c) The amount of any State's allotment under subsection (a) or (b) of this section, or section 445 (a) of this title, for any fiscal year which the Commissioner determines will not be required for such fiscal year shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsections (a) and (b) of this section, and section 445 (a) of this title, respectively, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year from funds appropriated pursuant to section 441 of this title shall be deemed part of its allotment under subsection (a) or (b) of this section, or section 445 (a) of this title, as the case may be, for such year. (Pub. L. 85-864, title III, § 302, Sept. 2, 1958, 72 Stat. 1588; Pub. L. 86-70, § 18(a)(2), June 25, 1959, 73 Stat. 144; Pub. L. 86-624, § 14(a) (2) (A, C), July 12, 1960, 74 Stat. 413; Pub. L. 87-344, title II, § 202(b), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88-210, § 23(b), Dec. 18, 1963, 77 Stat. 416; Pub. L. 88-665, title III, § 303, Oct. 16, 1964, 78 Stat. 1103.)

Availability of Data on Per Capita Income of Alaska Section 14(a)(2)(B) of Pub. L. 86-624 provided that: "Effective in the case of promulgations of allotment ratios made, under section 302 of such Act [this section], after enactment of this Act [July 12, 1960] and before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, subparagraph B of such paragraph (3) [subsection (a) (3) (B) of this section] is amended to read:

"(B) The term "United States" means the continental United States (excluding Alaska) Hawaii!"

AMENDMENTS

and

1964 Subsec. (a)(2). Pub. L. 88-665, § 303 (a), (b), substituted "between July 1 and August 31 of each evennumbered year beginning with calendar year 1964" for "as soon as possible after September 2, 1958, and again between July 1 and August 31 of 1959" in the second sentence, and “Each such promulgation" and "the period July 1 next succeeding such promulgation, except that the ratios promulgated in 1959 shall be conclusive for each of the five fiscal years in the period beginning July 1, 1960, and ending June 30, 1965" for "The first such promulgation" and "the period beginning July 1, 1958, and ending June 30, 1960, and the second shall be conclusive for each of the five fiscal years in the period beginning July 1, 1960, and ending June 30, 1965", respectively, in the third sentence.

Subsec. (b). Pub. L. 88-665, § 303(c), substituted "$50,000" for "$20,000", in three instances.

1963-Subsec. (a) (2), (4). Pub. L. 88-210, § 23(b) (1), (2), extended the period in which the second promulgation of allotment ratios shall be conclusive 1 year to end on June 30, 1965, and eliminated par. (4) which provided that an allotment under this subsection was to remain available for payments to States until the end of the fiscal year following the year for which the allotment was made. See subsec. (c) of this section.

Subsec. (c). Pub. L. 88-210, § 23 (b) (2), added subsec. (c).

1961-Subsec. (a)(2). Pub. L. 87-344 substituted "four fiscal years in the period beginning July 1, 1960, and ending June 30, 1964" for "two fiscal years in the period beginning July 1, 1960, and ending June 30, 1962."

1960 Subsec. (a). Pub. L. 86-624 eliminated the word "continental" which preceded "United States" in two instances in par. (2) and in three instances in par. (3) (C), and substituted "The term 'United States' means the fifty States and the District of Columbia" for "The term 'continental United States' includes Alaska" in par. (3) (B). For temporary provisions of subsec. (a) (3) (B) of this section, see italicized note following the text of this section.

1959 Subsec. (a)(3)(B). Pub. L. 86-70 substituted "includes Alaska" for "does not include Alaska.'

EFFECTIVE Date of 1964 AMENDMENT

Section 303 (c) of Pub. L. 88-665 provided in part that the amendment of subsec. (b) by section 303 (c) of Pub. L. 88-665 shall be effective with respect to allotments under subsec. (b) for fiscal years beginning after June 30, 1964.

EFFECTIVE DATE OF 1963 AMENDMENT

Section 23(b) (2) of Pub. L. 88-210 provided in part that the elimination of subsec. (a) (4) and the addition of subsec. (c) shall be effective with respect to allotments under this section or section 445 of this title for fiscal years beginning after June 30, 1963.

EFFECTIVE DATE OF 1960 AMENDMENT Section 47(a) of Pub. L. 86-624 provided that: "The amendments made by section 14(a)(2)(A) [to subsec. (a)(2), (3) (C) of this section], by section 23(a), [to section 466d of Title 33] by paragraphs (1), (2), and (3) of section 29 (d) [to section 291i(a) (b) (1—3) of Title 42], by subsection (b), and paragraphs (1) and (3) of subsection (a). of section 30 [to sections 724 and 1301 (a) (8) (A-D) of Title 42], and, except as provided in subsection (g) of this section, by section 20(b) [to sections 41 (h), (i) of Title 29] shall be applicable in the case of promulgations or computations of Federal shares,

36-500 0-65-vol. 532

allotment percentages, allotment ratios, and Federal percentages, as the case may be, made after August 21, 1959." Section 14(a) (2) (C) of Pub. L. 86-624 provided in part that the amendment of subsec. (a) (3) (B) of this section by Pub. L. 86-624 shall be effective in the case of promulgations of allotment ratios made under this section after satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 47(a) of Pub. L. 86-70 provided that: "The amendments made by paragraph (2) of subsection (a) of section 18 [to subsec. (a) (3) (B) of this section], by subsection (a) of section 28 [to section 466d(h)(1) of Title 33], by paragraph (1) of subsection (c) of section 31 [to section 2911(a) of Title 42], by subsections (a) and (b) of section 32 [to sections 724 and 1301(a)(8) of Title 42], and, except as provided in subsection (c) of this section [set out as a note under section 41 of Title 29], by subsection (b) of section 24 [to sections 41(h) and 41(1) of Title 29], shall be applicable in the case of promulgations of Federal shares, allotment percentages, allotment ratios, and Federal percentages, as the case may be, made after satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, and for this purpose such promulgations shall, before such data for the full period required by the applicable statutory provision as so amended are available from the Department of Commerce, be based on satisfactory data available from such Department for such one full year or, when such data for a two-year period are available, for such two years." PROMULGATION OF ALLOTMENT RATIOS AFTER AVAILABILITY OF DATA ON PER CAPITA INCOME OF ALASKA Section 14(a) (2) (C) of Pub. L. 86–624 provided in part that promulgations of allotment ratios made under this section after satisfactory data on the per capita income of Alaska for a full year are available from the Department of Commerce, but before such data are available therefrom for a full three-year period, shall be based on such data for such one full year or, when such data are available for a two-year period, for such two years.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959 upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

§ 443. State plans.

(a) Any State which desires to receive payments under this subchapter shall submit to the Commissioner, through its State educational agency, a State plan which meets the requirements of section 584 (a) of this title and

(1) sets forth a program under which funds paid to the State from its allotment under section 442 (a) of this title will be expended solely for projects approved by the State educational agency for (A) acquisition of laboratory and other special equipment (other than supplies consumed in use), including audiovisual materials and equipment, and printed and published materials (other than textbooks), suitable for use in providing education in science, mathematics, history, civics, geography, modern foreign language, English, or reading in public elementary or secondary schools, or both, and of testgrading equipment for such schools and specialized equipment for audiovisual libraries serving such schools, and such equipment may, if there exists a critical need therefor in the judgment of local school authorities, be used when available and suitable in providing education in other subject matter, and (B) minor remodeling

of laboratory or other space used for such materials or equipment;

(2) sets forth principles for determining the priority of such projects in the State for assistance under this subchapter and provides for undertaking such projects, insofar as financial resources available therefor make possible, in the order determined by the application of such principles;

(3) provides an opportunity for a hearing before the State educational agency to any applicant for a project under this subchapter;

(4) provides for the establishment of standards on a State level for laboratory and other special equipment acquired with assistance furnished under this subchapter;

(5) sets forth a program under which funds paid to the State from its allotment under section 442 (b) of this title will be expanded solely for (A) expansion or improvement of supervisory or related services in public elementary and secondary schools in the fields of science, mathematics, history, civics, geography, modern foreign languages, English, and reading, and (B) administration of the State plan.

(b) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsection (a) of this section. (Pub. L. 85-864, title III, § 303, Sept. 2, 1958, 72 Stat. 1589; Pub. L. 88-210, § 23(c), Dec. 18, 1963, 77 Stat. 417; Pub. L. 88-665, title III, § 304, Oct. 16, 1964, 78 Stat. 1103.)

AMENDMENTS

1964 Subsec. (a)(1)(A). Pub. L. 88-665, § 304(a), inserted "(other than supplies consumed in use)" following "other special equipment", included education in the subjects of history, civics, geography, English, and reading, and use of equipment when available and suitable in providing education in other subject matter when in the judgment of local school authorities there existed a critical need therefor.

Subsec. (a) (5). Pub. L. 88-665, § 304(b), included the fields of history, civics, geography, English, and reading. 1963-Subsec. (a)(1)(A). Pub. L. 88-210 inserted "and published" following "printed", and "of test grading equipment for such schools and specialized equipment for audiovisual libraries serving such schools, and." § 444. Payments to States.

(a) From a State's allotment for a fiscal year under section 442 (a) of this title, the Commissioner shall, from time to time during the period such allotment is available for payment as provided in paragraph (4) of section 442 (a) of this title, pay to such State an amount equal to one-half of the expenditures for projects for acquisition of equipment and minor remodeling referred to in paragraph (1) of section 443 (a) of this title which are carried out under its State plan approved under section 443 (b) of this title; except that no State shall receive payments under this subsection for any period in excess of its allotments for such period under section 442 (a) of this title.

(b) From a State's allotment under section 442 (b) of this title for the fiscal year ending June 30, 1959, the Commissioner shall from time to time pay to such State an amount equal to the amount expended by such State for such year to carry out the program referred to in paragraph (5) of section

443 (a) of this title under its State plan approved under section 443 (b) of this title. From a State's allotment under section 442 (b) of this tile for the fiscal year ending June 30, 1960, and for each of the eight succeeding fiscal years, such payments shall equal one-half of the amount so expended under its State plan approved under section 443 (b) of this title; except that no State shall receive payments under this subsection for any fiscal year in excess of its allotment under section 442 (b) of this title for that fiscal year. (Pub. L. 85-864, title III, § 304, Sept. 2, 1958, 72 Stat. 1589; Pub. L. 87-344, title III, § 202 (c), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, § 23 (d), Dec. 18, 1963, 77 Stat. 417; Pub. L. 88-665, title III, § 305, Oct. 16, 1964, 78 Stat. 1104.)

AMENDMENTS

1964 Subsec. (b). Pub. L. 88-665 substituted "eight succeeding fiscal years" for "five succeeding fiscal years." 1963-Subsec. (b). Pub. L. 88-210 substituted "five succeeding fiscal years" for "four succeeding fiscal years." 1961-Subsec. (b). Pub. L. 87-344 substituted "four succeeding fiscal years" for "two succeeding fiscal years." § 445. Loans to nonprofit private schools.

(a) The Commissioner shall allot, out of funds reserved for each fiscal year for the purposes of this section under the provisions of section 442 (a) of this title, to each State for loans under the provisions of this section an amount which bears the same ratio to such funds as the number of persons in such State enrolled in private nonprofit elementary and secondary schools bears to the total of such numbers for all States.

(b) From the sums allotted to each State under the provisions of this section the Commissioner is authorized to make loans to private nonprofit elementary and secondary schools in such State for the purposes for which payments to State educational agencies are authorized under the first sentence of section 441 of this title. Any such loan

(1) shall be made upon application containing such information as may be deemed necessary by the Commissioner;

(2) shall be subject to such conditions as may be necessary to protect the financial interest of the United States;

(3) shall bear interest at the rate arrived at by adding one-quarter of 1 per centum per annum to the rate which the Secretary of the Treasury determines to be equal to the current average yield on all outstanding marketable obligations of the United States as computed at the end of the fiscal year next preceding the date the application for the loan is approved and by adjusting the result so obtained to the nearest one-eighth of 1 per centum; and

(4) shall mature and be repayable on such date as may be agreed to by the Commissioner and the borrower, but such date shall not be more than ten years after the date on which such loan was made.

(Pub. L. 85-864, title III, § 305, Sept. 2, 1958, 72 Stat. 1590; Pub. L. 88-665, title III, § 306, Oct. 16, 1964, 78 Stat. 1104.)

AMENDMENTS

1964 Subsec. (b) (3). Pub. L. 88-665 substituted "as computed at the end of the fiscal year next" for "as of the last day of the month."

SUBCHAPTER IV.-NATIONAL DEFENSE
FELLOWSHIPS

§ 461. Appropriations authorized.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter. (Pub. L. 85-864, title IV, § 401, Sept. 2, 1958, 72 Stat. 1590.)

§ 462. Number of fellowships.

(a) During the fiscal year ending June 30, 1965, the Commissioner is authorized to award not to exceed three thousand fellowships to be used for study in graduate programs at institutions of higher education, during the fiscal year ending June 30, 1966, he is authorized to award not to exceed six thousand such fellowships, and during each of the two succeeding fiscal years, he is authorized to award not to exceed seven thousand five hundred such fellowships. Such fellowships may be awarded for such period of study as the Commissioner may determine, but not in excess of three academic years, except that where a fellowship holder pursues his studies as a regularly enrolled student at the institution during periods outside the regular sessions of the graduate program of the institution, a fellowship may be awarded for a period not in excess of three calendar years.

(b) In addition to the number of fellowships authorized to be awarded by subsection (a) of this section, the Commissioner is authorized to award fellowships equal to the number previously awarded during any fiscal year under this section but vacated prior to the end of the period for which they were awarded; except that each fellowship awarded under this subsection shall be for such period of study, not in excess of the remainder of the period for which the fellowship which it replaces was awarded, as the Commissioner may determine. Pub. L. 85-864, title IV, § 402, Sept. 2, 1958, 72 Stat. 1591; Pub. L. 87-344, title II, § 203, Oct. 3, 1961, 75 Stat. 760; Pub. L. 88-210, § 24 (a), (b), Dec. 18, 1963, 77 Stat. 417; Pub. L. 88-665, title IV, § 401, Oct. 16, 1964, 78 Stat. 1104.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-665 substituted provisions which increased the number of fellowships for fiscal year ending June 30, 1965 from 1,500 to 3,000, authorized 6,000 fellowships for fiscal year ending June 30, 1966 and 7,500 fellowships for each of the two succeeding fiscal years for former provisions which authorized 1,000 fellowships for fiscal year ending June 30, 1959 and 1,500 fellowships for each of the six succeeding fiscal years, and authorized an award to be made for three calendar years where a fellowship holder pursued his studies as a regularly enrolled student at the institution during periods outside the regular sessions of the graduate program of the institution.

1963-Subsec. (a). Pub. L. 88-210, § 24 (a), (b), designated existing provisions as subsec. (a), and substituted "six succeeding fiscal years" for "five succeeding fiscal years" therein.

Subsec. (b). Pub. L. 88-210, § 24 (b), added subsec. (b).

1961-Pub. L. 87-344 substituted "five succeeding fiscal years" for "three succeeding fiscal years."

§ 463. Award of fellowships and approval of institutions.

(a) of the total number of fellowships authorized by section 462 (a) of this title to be awarded during

a fiscal year (1) not less than one thousand five hundred of such fellowships awarded during the fiscal year ending June 30, 1965, and not less than one-third of such fellowships awarded during the three succeeding fiscal years shall be awarded to individuals accepted for study in graduate programs approved by the Commissioner under this section, and (2) the remainder shall be awarded on such bases as he may determine, subject to the provisions of subsection (c) of this section. The Commissioner shall approve a graduate program of an institution of higher education only upon application by the institution and only upon his finding: (1) that such program is a new program or an existing program which has been expanded,

(2) that such new program or expansion of an existing program will substantially further the objective of increasing the facilities available in the Nation for the graduate training of college or university level teachers and of promoting a wider geographical distribution of such facilities throughout the Nation.

(b) The total of the fellowships awarded as described in clause (1) of subsection (a) of this section for pursuing a course of study in a graduate program at any institution of higher education may not exceed a limit established by the Commissioner in the light of the objective referred to in subsection (a) (2) of this section, and the Commissioner shall give consideration to such objective in determining the number of fellowships awarded under this subchapter for attendance at any one institution of higher education.

(c) Recipients of fellowships under this subchapter shall be persons who are interested in teaching, or continuing to teach, in institutions of higher education and are pursuing, or intend to pursue, a course of study leading to a degree of doctor of philosophy or an equivalent degree.

(d) No fellowship shall be awarded under this subchapter for study at a school or department of divinity. For the purposes of this subsection, the term "school or department of divinity" means an institution, or department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects. (Pub. L. 85-864, title IV, § 403, Sept. 2, 1958, 72 Stat. 1591; Pub. L. 88-665, title IV, § 402 (a)—(c), Oct. 16, 1964, 78 Stat. 1104.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-665, § 402 (a), substituted the provisions of the first sentence which required the award of 1,500 fellowships during the fiscal year ending June 30, 1965 and one-third of the fellowships awarded during the three succeeding fiscal years to be awarded to individuals accepted for study in graduate programs approved by the Commissioner and the remainder of the fellowships to be awarded on such bases as the Commissioner may determine for former provision requiring the award of fellowships to individuals accepted for study in approved graduate programs and deleted clause (3) of the second sentence which required preference to be given in the acceptance of persons for study to persons interested in teaching in institutions

of higher education, now incorporated in subsec. (c) of this section.

Subsec. (b). Pub. L. 88-665, § 402(b), substituted "as described in clause (1) of subsection (a) of this section" for "under this subchapter" and inserted ", and the Commissioner shall give consideration to such objective in determining the number of fellowships awarded under this subchapter for attendance at any one institution of higher education."

Subsecs. (c), (d). Pub. L. 88-665, § 402(c), added subsecs. (c) and (d).

EFFECTIVE Date of 1964 AMENDMENT

Section 402 (d) of Pub. L. 88-665 provided that: "The amendments [to this section] made by this section shall become effective July 1, 1964."

§ 464. Fellowship stipends.

(a) Each person awarded a fellowship under the provisions of this subchapter shall receive a stipend of $2,000 for the first academic year of study, $2,200 for the second such year, and $2,400 for the third such year, plus an additional amount of $400 for each such year on account of each of his dependents. Where a person awarded a fellowship under this subchapter for study at an institution of higher education pursues his studies as a regularly enrolled student at such institution during periods outside of the regular sessions of the graduate program of the institution, the Commissioner may make appropriate adjustments in his stipends and allowances for dependents.

(b) In addition to the amounts paid to persons pursuant to subsection (a) of this section there shall be paid to the institution of higher education at which each such person is pursuing his course of study $2,500 per academic year, less any amount charged such person for tuition. (Pub. L. 85-864, title IV, § 404, Sept. 2, 1958, 72 Stat. 1591; Pub. L. 88-210, § 24(c), Dec. 18, 1963, 77 Stat. 417; Pub. L. 88-665, title IV, § 403, Oct. 16, 1964, 78 Stat. 1105.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-665 deleted "after the baccalaureate degree" following "first academic year of study" and provided for adjustments in stipends and allowances for dependents where a fellow pursues his studies as a regularly enrolled student at the institution during periods outside of the regular sessions of the graduate program of the institution.

1963 Subsec. (b). Pub. L. 88-210 substituted provisions fixing the payments to institutions at $2,500 "less any amount charged such person for tuition", for provisions which permitted payments up to $2,500 as the Commissioner determined was that portion of the program's cost in which the student was pursuing study reasonably attributable to him.

§ 465. Fellowship conditions.

A person awarded a fellowship under the provisions of this subchapter shall continue to receive the payments provided in section 464 of this title only during such periods as the Commissioner finds that he is maintaining satisfactory proficiency in, and devoting essentially full time to, study or research in the field in which such fellowship was awarded, in an institution of higher education, and is not engaging in gainful employment other than parttime employment by such institution in teaching, research, or similar activities, approved by the Commissioner. (Pub. L. 85-864, title IV, § 405, Sept. 2, 1958, 72 Stat. 1591.)

SUBCHAPTER V.-GUIDANCE, COUNSELING, AND TESTING; IDENTIFICATION AND ENCOURAGEMENT OF ABLE STUDENTS

PART A. STATE PROGRAMS

§ 481. Appropriations authorized.

There are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1963, $17,500,000 for the fiscal year ending June 30, 1964, $24,000,000 for the fiscal year ending June 30, 1965, $24,500,000 for the fiscal year ending June 30, 1966, and $30,000,000 for each of the two succeeding fiscal years, for making grants to State educational agencies under sections 481-484 of this title to assist them to establish and maintain programs of testing and guidance and counseling. (Pub. L. 85-864, title V, § 501, Sept. 2, 1958, 72 Stat. 1592; Pub. L. 87-344, title II, § 204(a), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88-210, § 25(a), Dec. 18, 1963, 77 Stat. 417; Pub. L. 88-665, title V, § 501, Oct. 16, 1964, 78 Stat. 1105.)

AMENDMENTS

1964-Pub. L. 88-665 increased the authorized appropriation for the fiscal year ending June 30, 1965 from $17,500,000 to $24,000,000, and authorized $24,500,00 for the fiscal year ending June 30, 1966 and $30,000,000 for each of the two succeeding fiscal years.

1963-Pub. L. 88-210 increased the authorized appropriation for the fiscal year ending June 30, 1964, from $15,000,000 to $17,500,000, and authorized $17,500,000 for the fiscal year ending June 30, 1965.

1961-Pub. L. 87-344 substituted "five succeeding fiscal years" for "three succeeding fiscal years."

§ 482. Allotments to States.

(a) From the sums appropriated pursuant to section 481 of this title for any fiscal year the Commissioner shall reserve such amount, but not in excess of 2 per centum thereof, as he may determine for allotment as provided in section 588 of this title. From the remainder of such sums the Commissioner shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school-age population of such State bears to the total of the school-age populations of all of the States. The amount allotted to any State under the preceding sentence for any fiscal year which is less than $50,000 shall be increased to $50,000, the total of increases thereby required being derived by proportionately reducing the amount allotted to each of the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than $50,000.

(b) The amount of any State's allotment under subsection (a) of this section for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the State plan (if any) approved under sections 481-484 of this title shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use