20 U.S.C. 332b. in this section), and that such facility would be of particular value to the Nation or a region thereof as a national or regional resource for research or related purposes, he may make a grant for part or all of the cost of constructing such facility to a university, college, or other appropriate public or nonprofit private agency or institution competent to engage in the types of activity for which the facility is to be constructed, or to a combination of such agencies or institutions, or may construct or make arrangements for constructing such facility through contracts for paying part or all of the cost of construction or otherwise. The Commissioner may, where he deems such action appropriate, make arrangements, by contract or otherwise, for the operation of such facilities or may make contributions toward the cost of such operation of facilities of this nature whether or not constructed pursuant to, or with the aid provided under, this section. Title to any facility constructed under this section, if vested in the United States, may be transferred by the Commissioner on behalf of the United States to any such college or university or other public or nonprofit private agency of institution, but such transfer shall be made subject to the conditions that the facility will be operated for the purposes for which it was constructed and to such other conditions as the Commissioner deems necessary to carry out the objectives of this title and to protect the interests of the United States. (c) All laborers and mechanics employed by contractors or subcontractors in the performance of work on construction of any project under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this clause, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15), and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). (d) Payments under this section shall be made in advance or by way of reimbursement, in such installments consistent with construction progress, and on such conditions as the Commissioner may determine. (e) As used in this section, the term "research and related purposes" means research, research training, surveys, or demonstrations in the field of education, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental schools, except that such term does not include research, research training, surveys, or demonstrations in the field of sectarian instruction or the dissemination of information dervied therefrom. DEFINITIONS SEC. 5. As used in this Act (1) The term "State" includes in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands. (2) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondIary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (3) The term "nonprofit" as applied to any agency, organization, or institution means an agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (4) The terms "construction" and "cost of construction" include (A) the construction of new buildings, and the acquisition, expansion, remodeling, replacement, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land (except in the case of acquisition of an existing building) or off-site improvements, and (B) equipping new buildings and existing buildings, whether or not acquired, expanded, remodeled, or altered. SHORT TITLE SEC. 6. This Act may be cited as the "Cooperative Research 20 U.S.C. 331 note. Act". Legislative History COOPERATIVE RESEARCH ACT, as Amended THROUGH THE 90TH CONGRESS, 1st 83d Congress-P.L. 83-531 SESSION H.R. 9040: H. Rept. 1565, p. 6311, May 10, 1954; passed House, p. 6481, May 12, 1954. S. Rept. 1596: Amends H.R. 9040, p. 8117, June 14, 1954. Passed Senate p. 8455, June 17, 1954. Conference report (H. Rept. 2287); House agreed to, p. 11293, July 21, 1954; Senate agrees to conference report, p. 10881, July 19, 1954. Approved July 26, 1954. 89th Congress P.L. 89–10 H. Rept. 143 (Committee on Education and Labor). S. Rept. 146 (Committee on Labor and Public Welfare). Congressional Record, vol. 111 (1965): Mar. 24-25: Considered in House. Mar. 26: Considered and passed House. Apr. 6-8: Considered in Senate. Apr. 9: Considered and passed Senate. 89th Congress P.L. 89-750 H. Rept. 1814, 1814 pt. II (Committee on Education and Labor) and 2309 (com- S. Rept. 1674 accompanying S. 3046 (Committee on Labor and Public Welfare). Oct. 5: Considered in House. Oct. 6: Considered and passed House. Oct. 5, 6: S. 3046 considered and passed Senate. Oct. 7: Considered and passed Senate, amended, in lieu of S. 3046. Oct. 19: Senate agreed to conference report. Oct. 20: House agreed to conference report. 90th Congress-P.L. 90-247 House Reports: No. 188 (Committee on Education and Labor) and No. 1049 (Committee of Conference). Senate Report No. 726 (Committee on Labor and Publie Welfare). Congressional Record, vol. 113 (1967): May 22-24: Considered and passed House. Dec. 1, 48, 11: Considered and passed Senate amended. Dec. 15: House and Senate agreed to conference report. 6. HIGHER EDUCATION ACT OF 1965, AS AMENDED THROUGH THE 90TH CONGRESS, FIRST SESSION Enacted on November 8, 1965, as P.L. 89-329 (79 Stat. 1219), 20 U.S.C. 1001, Amended on October 29, 1966, by P.L. 89-698 (80 Stat. 1066); on November 3, 1966, by P.L. 89-752 (80 Stat. 1240); on June 29, 1967, by P.L. 90-35 (81 Stat. 81); and on January 2, 1968, by P.L. 90-247 (81 Stat. 783). AN ACT To strengthen the educational resources of our colleges and universities and to provide financial assistance for students in postsecondary and higher education 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 "Higher Education Act of 1965." TITLE I-COMMUNITY SERVICE AND CONTINUING APPROPRIATIONS AUTHORIZED SEC. 101. For the purpose of assisting the people of the 20 U.S.C. 1001. United States in the solution of community problems such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use by enabling the Commissioner to make grants under this title to strengthen community service programs of colleges and universities, there are authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1966, and $50,000,000 for the fiscal year ending June 30, 1967, and for the succeeding fiscal year. For the fiscal year ending June 30, 1969, and the succeeding fiscal year, there may be appropriated, to enable the Commissioner to make such grants, only such sums as the Congress may hereafter authorize by law. DEFINITION OF COMMUNITY SERVICE PROGRAM SEC. 102. For purposes of this title, the term "community 20 U.S.C. 1002. service program" means an educational program, activity, or service, including a research program and a university extension or continuing education offering, which is designed to assist in the solution of community problems in rural, urban, or suburban areas, with particular emphasis on urban and suburban problems, where the institution offering such program, activity, or service determines (1) that the proposed program, activity, or service is not otherwise available, and 91-165 0-68-pt. 2-10 20 U.S.C. 1003. (2) that the conduct of the program or performance of the activity or service is consistent with the institution's over-all educational program and is of such a nature as is appropriate to the effective utilization of the institution's special resources and the competencies of its faculty. Where course offerings are involved, such courses must be university extension or continuing education courses and must be (A) fully acceptable toward an academic degree, or (B) of college level as determined by the institution. offering such courses. ALLOTMENTS TO STATES SEC. 103. (a) Of the sums appropriated pursuant to section 101 for each fiscal year, the Commissioner shall allot $25,000 each to Guam, American Samoa, the Commonwealth of Puerto Rico, and the Virgin Islands and $100,000 to each of the other States, and he shall allot to each State an amount which bears the same ratio to the remainder of such sums as the population of the State bears to the population of all States. (b) The amount of any State's allotment under subsection (a) 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 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 for such year for carrying out the State plan; and the total of such reductions shall be similarly realloted 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 101 shall be deemed part of its allotment under subsection (a) for such year. (c) In accordance with regulations of the Commissioner, any State may file with him a request that a specified portion of its allotment under this title be added to the allotment of another State under this title for the purpose of meeting a portion of the Federal share of the cost of providing community service programs under this title. If it is found by the Commissioner that the programs with respect to which the request is made would meet needs of the State making the request and that use of the specified portion of such State's allotment, as requested by it, would assist in carrying out the purposes of this title, such portion of such State's allotment shall be added to the allotment of the other State under this title to be used for the purpose referred to above. (d) The population of a State and of all the States shall be determined by the Commissioner on the basis of the most recent satisfactory data available from the Department of Commerce. |