(D) the department or division of a junior college or community college or university which provides vocational education in no less than five different occupational fields, under the supervision of the State Board, leading to immediate employment but not leading to a baccalaureate degree.

if it is available to all residents of the State or an area of the State designated and approved by the State Board, and if, in the case of a school department, or division described in (C) or (D), it admits as regular students both persons who have completed high school and persons who have left high school.

(3) The term "school facilities" means classrooms and related facilities (including initial equipment) and interests in land on which such facilities are constructed. Such term shall not include any facility intended primarily for events for which admission is to be charged to the general public.

(4) The term "construction" includes construction of new buildings and expansion, remodeling, and alteration of existing buildings, and includes site grading and improvement and architect fees.

(5) The term "Commissioner" means the Commissioner of Education.

(6) The term "State" includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(7) The term "State board" means the State board designated or created pursuant to section 5 of the Smith-Hughes Act (that is the Act approved February 23, 1917) to secure to the State the benefits of that Act.

(8) The term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public educational institution or agency having administrative control and direction of a vocational education program.

(9) The term "high school" does not include any grade beyond grade 12.

(10) The term "Vocational Education Act of 1946" means titles I, II, and III of the Act of June 8, 1936, as amended.

(11) The term "supplementary vocational education Acts" means section 30 of this title (relating to vocational education in Puerto Rico), sections 31-33 of this title (relating to vocational education in the Virgin Islands), and section 34 of this title (relating to vocational education in Guam). Pub. L. 88-210,

§ 8, Dec. 18, 1963, 77 Stat. 408.)

REFERENCES IN TEXT

The Vocational Education Act of 1946, referred to in pars. (1) and (10), is classified to sections 151-15m, 150-15q, 15aa-15jj, and 15aaa-15ggg of this title. Section 5 of the Smith-Hughes Act, referred to in par. (7), is classified to section 16 of this title.

The Smith-Hughes Act, referred to in par. (7), is classified to sections 11-15 and 16-28 of this title.

§ 35h. Advisory Committee on Vocational Education. (a) Establishment; membership; meetings.

There is hereby established in the Office of Education an Advisory Committee on Vocational Education (hereinafter referred to as the "Advisory Committee"), consisting of the Commissioner, who shall be chairman, one representative each of the Departments of Commerce, Agriculture, and Labor, and twelve members appointed, for staggered terms and without regard to the civil service laws, by the Commissioner with the approval of the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary"). Such twelve members shall, to the extent possible, include persons familiar with the vocational education needs of management and labor (in equal numbers), persons familiar with the administration of State and local vocational education programs, other persons with special knowledge, experience, or qualification with respect to vocational education, and persons representative of the general public, and not more than six of such members shall be professional educators. The Advisory Committee shall meet at the call of the chairman but not less often than twice a year.

(b) Functions of Committee.

The Advisory Committee shall advise the Commissioner in the preparation of general regulations and with respect to policy matters arising in the administration of sections 35-35n of this title, the Vocational Education Act of 1946, and supplementary vocational education Acts, including policies and procedures governing the approval of State plans under section 35d of this title and the approval of projects under section 35c (c) of this title and section 351 of this title.

(c) Compensation of members.

Members of the Advisory Committee shall, while serving on the business of the Advisory Committee, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $75 per day, including travel time; and while so serving 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 73b-2 of Title 5 for persons in the Government service employed intermittently. (Pub. L. 88-210, § 9, Dec. 18, 1963, 77 Stat. 410.)

REFERENCES IN TEXT

The Vocational Education Act of 1946, referred to in subsec. (b), is classified to sections 151-15m, 150-15q, 15aa-15jj, and 15aaa-15ggg of this title.

§ 351. Use of allotments obtained under other statutes. Notwithstanding anything to the contrary in title I, II, or III of the Vocational Education Act of 1946, or in the Smith-Hughes Act (that is, the Act approved February 23, 1917, as amended), or in supplementary vocational education Acts

(a) any portion of any amount allotted (or apportioned) to any State for any purpose under such titles, Act, or Acts for the fiscal year ending June 30, 1964, or for any fiscal year thereafter, may be transferred to and combined with one or more of the other allotments (or apportionments) of such State for such fiscal year under such

titles, Act, or Acts, or under section 35b of this title and used for the purposes for which, and subject to the conditions under which, such other allotment (or apportionment) may be used, if the State board requests, in accordance with regulations of the Commissioner, that such portion be transferred and shows to the satisfaction of the Commissioner that transfer of such portion in the manner requested will promote the purpose of sections 35-35n of this title;

(b) any amounts allotted (or apportioned) under such titles, Act, or Acts for agriculture may be used for vocational education in any occupation involving knowledge and skills in agricultural subjects, whether or not such occupation involves work of the farm or of the farm home, and such education may be provided without directed or supervised practice on a farm;

(c) (1) any amounts allotted (or apportioned) under such titles, Act, or Acts for home economics may be used for vocational education to fit individuals for gainful employment in any occupation involving knowledge and skills in home economics subjects;

(2) at least 10 per centum of any amount so allotted (or apportioned) to a State for each fiscal year beginning after June 30, 1965, may be used only for vocational education to fit persons for gainful employment in occupations involving knowledge and skills in home economics subjects, or transferred to another allotment under subsection (a) of this section, or both.

(d) any amounts allotted (or apportioned) under such titles, Act, or Acts for distributive occupations may be used for vocational education for any person over fourteen years of age who has entered upon or is preparing to enter upon such an occupation, and such education need not be provided in part-time or evening schools;

(e) any amounts allotted (or apportioned) under such titles, Act, or Acts for trade and industrial occupations may be used for preemployment schools and classes organized to fit for gainful employment in such occupations persons over fourteen years of age who are in school, and operated for less than nine months per year and less than thirty hours per week and without the requirement that a minimum of 50 per centum of the time be given to practical work on a useful or productive basis, if such preemployment schools and classes are for single-skilled or semi-skilled occupations which do not require training or work of such duration or nature; and less than onethird of any amounts so allotted (or apportioned) need be applied to part-time schools or classes for workers who have entered upon employment. (Pub. L. 88-210, § 10, Dec. 18, 1963, 77 Stat. 410.) REFERENCES IN TEXT

Titles I, II, or III of the Vocational Education Act of 1946, referred to in the text, are classified to sections 151-15m, 150-15q, 15aa-15jj, and 15aaa-15ggg of this title.

The Smith-Hughes Act, referred to in the text, is classified to sections 11-15 and 16-28 of this title.

§ 35j. Review of vocational education programs and laws.

(a) Establishment of Advisory Council; purpose.

The Secretary shall, during 1966, appoint an Advisory Council on Vocational Education for the purpose of reviewing the administration of the vocational education programs for which funds are appropriated pursuant to this Act and other vocational education Acts and making recommendations for improvement of such administration, and reviewing the status of and making recommendations with respect to such vocational education programs and the Acts under which funds are so appropriated. (b) Appointment of Council members; qualifications. The Council shall be appointed by the Secretary without regard to the civil service laws and shall consist of twelve persons who shall, to the extent possible, include persons familiar with the vocational education needs of management and labor (in equal numbers), persons familiar with the administration of State and local vocational education programs, other persons with special knowledge, experience, or qualification with respect to vocational education, and persons representative of the general public.

(c) Technical, secretarial, clerical and other assistance and data for Council.

The Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Council such secretarial, clerical, and other assistance and such pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions. (d) Report of findings and recommendations; termination of Council's existence.

The Council shall make a report of its findings and recommendations (including recommendations for changes in the provisions of sections 35-35n of this title and other vocational education Acts) to the Secretary, such report to be submitted not later than January 1, 1968, after which date such Council shall cease to exist. The Secretary shall transmit such report to the President and the Congress.

(e) Subsequent Advisory Councils to be appointed; frequency; functions; reports of findings and recommendations.

The Secretary shall also from time to time thereafter (but at intervals of not more than five years) appoint an Advisory Council on Vocational Education, with the same functions and constituted in the same manner as prescribed for the Advisory Council in the preceding subsections of this section. Each Council so appointed shall report its findings and recommendations, as prescribed in subsection (d) of this section, not later than July 1 of the second year after the year in which it is appointed, after which date such Council shall cease to exist. (f) Compensation of members.

Members of the Council who are not regular fulltime employees of the United States shall, while serving on business of the Council, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $75 per day, including travel time; and while so serving 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 73b-2 of Title 5 for persons in Government service employed intermittently. (Pub. L. 88-210, § 12, Dec. 18, 1963, 77 Stat. 411.)

REFERENCES IN TEXT

This Act, referred to in subsec. (a), means Pub. L. 88-210, which enacted sections 35-35n of this title, amended sections 15aa, 15bb, 15aaa, 237-239, 403, 421423, 425, 426, 441-444, 462, 464, 481-484, 491, 511, 521, 541, 551, 561, 563, 588, 633, 644, and 645 of this title, and enacted provisions set out as notes under sections 35, 237, 423, 425, 442, and 482 of this title.

§ 35k. Work-study programs.

(a) Allotments to States; determination of amount; reallotment of unused funds.

(1) From the sums appropriated pursuant to section 35m of this title and determined to be for the purposes of this section for each fiscal year, the Commissioner shall allot to each State an amount which bears the same ratio to the sums so determined for such year as the population aged fifteen to twenty, inclusive, of the State, in the preceding fiscal year bears to the population aged fifteen to twenty, inclusive, of all the States in such preceding year.

(2) The amount of any State's allotment under paragraph (1) of this subsection for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the State's plan approved under subsection (b) of this section 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 paragraph (1) of this subsection for such year, 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 not suffering such a reduction. Any amount reallotted to a State under this paragraph during such year shall be deemed part of its allotment for such year.

(b) Eligibility of States to participate; supplementary plan required concerning administration, policies and procedures, priority accorded applications, fiscal control and accounting, and reports. To be eligible to participate in this section, a State must have in effect a plan approved under section 35d of this title and must submit through its State board to the Commissioner a supplement to such plan (hereinafter referred to as a "supplementary plan"), in such detail as the Commissioner determines necessary, which—

(1) designates the State board as the sole agency for administration of the supplementary plan, or for supervision of the administration thereof by local educational agencies;

(2) sets forth the policies and procedures to be followed by the State in approving work-study programs, under which policies and procedures funds paid to the State from its allotment under subsection (a) of this section will be expended solely for the payment of compensation of stu

dents employed pursuant to work-study programs which meet the requirements of subsection (c) of this section, except that not to exceed 1 per centum of any such allotment, or $10,000, whichever is the greater, may be used to pay the cost of developing the State's supplementary plan and the cost of administering such supplementary plan after its approval under this section;

(3) sets forth principles for determining the priority to be accorded applications from local educational agencies for work-study programs, which principles shall give preference to applications submitted by local educational agencies serving communities having substantial numbers of youths who have dropped out of school or who are unemployed, and provides for undertaking such programs, insofar as financial resources available therefor make possible, in the order determined by the application of such principles;

(4) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to local educational agencies) under this section;

(5) provides for making such reports in such form and containing such information as the Commissioner may reasonably require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports.

(c) Administration of program by local educational agency; availability to youths; qualifications of students; maximum work and compensation; public aspect of work; expenditure of funds. For the purposes of this section, a work-study program shall

(1) be administered by the local educational agency and made reasonably available (to the extent of available funds) to all youths in the area served by such agency who are able to meet the requirements of paragraph (2) of this subsection;

(2) provide that employment under such workstudy program shall be furnished only to a student who (A) has been accepted for enrollment as a full-time student in a vocational education program which meets the standards prescribed by the State board and the local educational agency for vocational education programs assisted under sections 35-35j of this title, or in the case of a student already enrolled in such a program, is in good standing and in full-time attendance, (B) is in need of the earnings from such employment to commence or continue his vocational education program, and (C) is at least fifteen years of age and less than twenty-one years of age at the commencement of his employment, and is capable, in the opinion of the appropriate school authorities, of maintaining good standing in his vocational education program while employed under the work-study program;

(3) provide that no student shall be employed under such work-study program for more than fifteen hours in any week in which classes in

which he is enrolled are in session, or for compensation which exceeds $45 in any month or $350 in any academic year or its equivalent, unless the student is attending a school which is not within reasonable commuting distance from his home, in which case his compensation may not exceed $60 in any month or $500 in any academic year or its equivalent;

(4) provide that employment under such workstudy program shall be for the local educational agency or for some other public agency or institution;

(5) provide that, in each fiscal year during which such program remains in effect, such agency shall expend (from sources other than payments from Federal funds under this section) for the employment of its students (whether or not in employment eligible for assistance under this section) an amount that is not less than its average annual expenditure for work-study programs of a similar character during the three fiscal years preceding the fiscal year in which its work-study program under this section is approved.

(d) Approval of plan; nonconformity after approval; judicial review of Commissioner's actions. Subsections (b), (c), and (d) of section 35d of this title (pertaining to the approval of State plans, the withholding of Federal payments in case of nonconformity after approval, and judicial review of the Commissioner's final actions is disapproving a State plan or withholding payments) shall be applicable to the Commissioner's actions with respect to supplementary plans under this section.

(e) Payments to States; limitations upon amount.

From a State's allotment under this section for the fiscal year ending June 30, 1965, and for the fiscal year ending June 30, 1966, the Commissioner shall pay to such State an amount equal to the amount expended for compensation of students employed pursuant to work-study programs under the State's supplementary plan approved under this section, plus an amount, not to exceed 1 per centum of such allotment, or $10,000, whichever is the greater, expended for the development of the State's supplementary plan and for the administration of such plan after its approval by the Commissioner. From a State's allotment under this section for the fiscal year ending June 30, 1967, and for the next succeeding fiscal year, such payment shall equal 75 per centum of the amount so expended. No State shall receive payments under this section for any fiscal year in excess of its allotment under subsection (a) of this section for such fiscal year.

(f) Method of payments.

Such payments (adjusted on account of overpayments or underpayments previously made) shall be made by the Commissioner in advance on the basis of such estimates, in such installments, and at such times, as may be reasonably required for expenditures by the States of the funds allotted under subsection (a) of this section.

be deemed employees of the United States, or their service Federal Service, for any purpose. (Pub. L. 88-210, § 13, Dec. 18, 1963, 77 Stat. 412.)

§ 351. Residential vocational education schools; establishment; considerations of need and geographical distribution.

For the purpose of demonstrating the feasibility and desirability of residential vocational education schools for certain youths of high school age, the Commissioner is authorized to make grants, out of sums appropriated pursuant to section 35m of this title to State boards, to colleges and universities, and with the approval of the appropriate State board, to public educational agencies, organizations, or institutions for the construction, equipment, and operation of residential schools to provide vocational education (including room, board, and other necessities) for youths, at least fifteen years of age and less than twenty-one years of age at the time of enrollment, who need full-time study on a residential basis in order to benefit fully from such education. In making such grants, the Commissioner shall given special consideration to the needs of large urban areas having substantial numbers of youths who have dropped out of school or are unemployed and shall seek to attain, as nearly as practicable in the light of the purposes of this section, an equitable geographical distribution of such schools. (Pub. L. 88-210, § 14, Dec. 18, 1963, 77 Stat. 414.)

§ 35m. Authorization of appropriations for work-study programs and residential schools.

There is authorized to be appropriated for the purpose of carrying out the provisions of sections 35k and 351 of this title, $30,000,000 for the fiscal year ending June 30, 1965, $50,000,000 for the fiscal year ending June 30, 1966, and $35,000,000 for the fiscal year ending June 30, 1967, and the succeeding fiscal year. The Commissioner shall determine the portion of such sums for each such year which is to be used for the purposes of each such section. (Pub. L. 88-210, § 15, Dec. 18, 1963, 77 Stat. 415.)

§ 35n. Federal direction, supervision, or control.

Nothing contained in sections 35-35n of this title shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system. (Pub. L. 88-210, § 16, Dec. 18, 1963, 77 Stat. 415.)

874

(c) The board shall appoint and fix the compensation and duties of a director, an assistant director, a secretary, and a chief curator of the National Gallery of Art, and of such other officers and employees of the National Gallery of Art as may be necessary for the efficient administration of the functions of the board. Such director, assistant director, secretary, and chief curator shall be compensated from trust funds available to the board for the purpose, and their appointment and salaries shall not be subject to the civil-service laws or the Classification Act of 1949. The director, assistant director, secretary, and chief curator shall be well qualified by experience and training to perform the duties of their office and the original appointment to each such office shall be subject to the approval of the donor.

*

(Mar. 24, 1937, ch. 50, § 4, 50 Stat. 52, amended Apr. 13, 1939, ch. 61, 53 Stat. 577; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.)

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (c), are classified generally to Title 5, Executive Departments and Government Officers and Employees.

The Classification Act of 1949, as amended, referred to in the text, is classified to chapter 21 of Title 5.

AMENDMENTS

1949-Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923."

NATIONAL PORTRAIT GALLERY [New]

§ 75a. Definitions.

Section 1 of Pub. L. 87-443 provided that Pub. L. 87-443, which comprises sections 75a-75g of this title, may be cited as the "National Portrait Gallery Act."

§ 75b. Establishment of National Portrait Gallery; functions.

(a) There is established in the Smithsonian Institution a bureau which shall be known as the National Portrait Gallery. The functions of such bureau shall be those authorized by sections 75a75g of this title. The use for the purposes of the Gallery of any part of the building transferred to the Smithsonian Institution pursuant to the Act of March 28, 1958, (72 Stat. 68), is authorized.

(b) The Gallery shall function as a free public museum for the exhibition and study of portraiture and statuary depicting men and women who have made significant contributions to the history, development, and culture of the people of the United States and of the artists who created such portraiture and statuary. (Pub. L. 87-443, § 3, Apr. 27, 1962, 76 Stat. 62.)

REFERENCES IN TEXT

Act of March 28, 1958, referred to in the text, is not classified to the Code.

§ 75c. Creation of National Portrait Gallery Commission; members; functions; powers.

There is created the National Portrait Gallery Commission. The number, manner of appointment and tenure of the members of the Commission shall be such as the Board may from time to time prescribe. The Board may delegate to the Commission any function of the Gallery or any function of the Board with respect to the Gallery. The Board may make rules and regulations for the conduct of the affairs of the Commission and the operation of the Gallery, and to the extent and under such limitations as the Board deems advisable, the Board may delegate to the Commission the power to make such rules and regulations. (Pub. L. 87-443, § 4, Apr. 27, 1962, 76 Stat. 62.) §75d. Acceptance of gifts; title to property.

(a) The Board is authorized to accept for the Smithsonian Institution gifts of any property for the benefit of the Gallery.

(b) Legal title to all property (except property of the United States) held for the use or benefit of the Gallery shall be vested in the Smithsonian Institution. Subject to any limitations otherwise expressly provided by law, and, in the case of any gift, subject to any applicable restrictions under the terms of such gift, the Board is authorized to sell, exchange, or otherwise dispose of any property of whatsoever nature held by it, and to invest in, reinvest in, or purchase any property of whatsoever nature for the benefit of the National Portrait Gallery. (Pub. L. 87-443, § 5, Apr. 27, 1962, 76 Stat. 62.)