"REPORT BY THE COMMISSIONER OF EDUCATION congressional "SEC. 438. (a) Not later than March 31 of each calendar year Report to after 1970, the Commissioner shall submit, as a part of the committees. Commissioner's annual report, a report on the activities of the advisory councils which are subject to this part to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives. Such report shall contain, at least, a list of all such advisory councils, the names and affiliations of their members, a description of the function of each advisory council, and a statement of the dates of the meetings of each such advisory council. "(b) If the Commissioner determines that a statutory ad- Abolishment. visory council is not needed or that the functions of two or more statutory advisory councils should be combined, he shall include in the report a recommendation that such advisory council be abolished or that such functions be combined. Unless there is an objection to such action by either the Senate or the House of Representatives within ninety days after the submission of such report, the Commissioner is authorized to abolish such advisory council or combine the functions of two or more advisory councils as recommended in such report.". (b) Sections 1207, 1208, 1209, and 1210 of the Higher Education Act of 1965 (as added by Public Law 90-575) are superseded by part A of title IV of Public Law 90-247 and are hereby repealed. (c) The following provisions of law relating to the delegation of functions and utilization of the services of other agencies by the Office of Education are superseded by section 411 of Public Law 90-247 and are hereby repealed: (1) The third sentence of subsection (a) of section 302 of the Act of September 30, 1950, Public Law 874, Eightyfirst Congress (20 U.S.C. 243 (a)); Repeal. 82 Stat. 1051. 1150. 84 Stat. 173. Repeal. Ante, p. 166. 64 Stat. 1108; (2) Subsections (a) and (b) of section 803 of the Ele- 79 Stat. 35. mentary and Secondary Education Act of 1965 (20 U.S.C. 883 (a) and (b)); 79 Stat. 57. (3) Subsection (a) of section 13 of the Act of Septem- 72 Stat. 554. ber 23, 1950, Public Law 815, Eighty-first Congress (20 U.S.C. 643 (a)); (4) Subsections (a) and (b) of section 1001 of the Na- 72 Stat. 1602. tional Defense Education Act of 1958 (20 U.S.C. 581(a), (b)); (5) Section 1203 of the Higher Education Act of 1965 79 Stat. 1270. (20 U.S.C. 1143): (6) Subsections (a) and (b) of section 402 of the Higher 77 Stat. 377. Education Facilities Act of 1963 (20 U.S.C. 752(a), (b)); (7) Subsection (b) of section 103 of the International 80 Stat. 1068. Education Act of 1966 (20 U.S.C. 1174(b); and (d) The following provisions of law concerning dissemina- Repeal. tion of information and reports by the Commissioner of Educa tion are superseded by sections 412, 413, and 414 of Public Law Ante, pp. 166, 90-247 and are hereby repealed: 167. 29 Stat. 171. 82 Stat. 1095. 80 Stat. 1209; 81 Stat. 805. 82 Stat. 1050. Repeal. Ante, p. 169. 67 Stat. 536; 80 Stat. 1212. 64 Stat. 1107. 72 Stat. 1582. 72 Stat. 554. 77 Stat. 379. 79 Stat. 57; 81 Stat. 816. 79 Stat. 1270; 82 Stat. 1042. 84 Stat. 174. 80 Stat. 1068. 82 Stat. 1069. Repeal. (1) Section 518 of the Revised Statutes of the United States (20 U.S.C. 4); (2) The sixth paragraph under the heading "Department of Education" in the material relating to the Department of the Interior in the Act of May 28, 1896, making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1897, and for other purposes, which authorizes the Commissioner of Education to prepare and publish a bulletin concerning the condition of education (20 U.S.C. 3); (3) Section 303 of Public Law 90-576 (20 U.S.C. 6): (4) Section 806 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 886); and (5) Section 1206 of the Higher Education Act of 1965 (20 U.S.C. 1146). (e) The following provisions of law concerning requirements for rules and regulations for education programs are superseded by section 421 of Public Law 90-247 and are hereby repealed: (1) Section 2 of Public Law 90-247 (20 U.S.C. 888); and (2) Section 505 of Public Law 90-575 (20 U.S.C. 1001, note). (f) The following provisions of law concerning Federal control of education are superseded by section 422 of Public Law 90-247 and are hereby repealed: (1) Subsection (g) of section 6 and subsection (a) of section 301 of the Act of September 30, 1950, Public Law 874, Eighty-first Congress (20 U.S.C. 241 (g), 242(a)); (2) Section 102 of the National Defense Education Act of 1958 (20 U.S.C. 402); (3) Subsection (a) of section 12 of the Act of September 23, 1950, Public Law 815, Eighty-first Congress (20 U.S.C. 642(a)); (4) Section 407 of the Higher Education Facilities Act of 1963 (20 U.S.C. 757) ; (5) Section 804 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 884); (6) Subsection (a) of section 1204 of the Higher Education Act of 1965 (20 U.S.C. 1144 (a)); (7) Section 104 of the International Education Act of 1966 (20 U.S.C. 1175); (8) Section 105 of the Vocational Education Act of 1963 (20 U.S.C. 1245). (g) The following provisions of law concerning the payment of wages at prevailing rates on federally assisted construction projects are superseded by section 423 of Public Law 90-247 and are hereby repealed: (1) Section 145 of title I of the Elementary and Secondary Education Act of 1965, as redesignated by this Act (20 U.S.C. 241i); (2) Subsection (c) of section 4 of the Act of July 26, 1954, Public Law 531, Eighty-third Congress (20 U.S.C. 332a (c)); Ante, p. 169. Ante, p. 126. 79 Stat. 46. (3) Subsection (a) (4) of section 203 of the Library Services and Construction Act (20 U.S.C. 355c (a) (4)), and subsection (a) (3) of such section is amended by striking out the semicolon and the word "and" and at the end thereof 78 Stat. 13. inserting in lieu thereof a period; (4) Subsection (b)(1)(E) of section 6 and subsection (d) of section 12 of the Act of September 23, 1950, Public Law 815, Eighty-first Congress (20 U.S.C. 636 (b) (1) (E), 642 (d)); (5) Section 709 (as redesignated by section 152 of this Act) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 880b-6); and (6) Section 106 of the Vocational Education Act of 1963 (20 Ú.S.C. 1246). (h) The following provisions of law concerning advisory councils and committees are superseded by part C of title IV of Public Law 90-247 and are hereby repealed: (1) Subsection (d) of section 761 and sections 1002 and 1003 of the National Defense Education Act of 1958 (20 U.S.C. 561 (d), 582, 583); 72 Stat. 551, 554. Ante, p. 151. 82 Stat. 1069. Repeal. Ante, p. 170. 1602. (2) Subsection (c) of section 402 of the Higher Educa- 12 Stat. 1596, tion Facilities Act of 1963 (20 U.S.C. 752(c)); (3) Subsections (c), (d), and (e) of section 510, subsec- 77 Stat. 377. tion (c) of section 708, and section 802 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. (c), (d), (e), 880b-5(c), 882); (4) Subsections (d) and (e) of section 109, subsection (e) of section 205, subsection (c) of section 224, subsection (c) of section 303, subsections (c) and (d) of section 469, subsections (d) and (e) of section 502, and subsections (c) and (d) of section 1205 of the Higher Education Act of 1965 (20 U.S.C. 1009 (d), (e), 1025 (e), 1034 (c), 1053 (c), 1089 (c), 1091a (d), (e), 1145 (c), (d)); (5) Subsections (c) and (d) of section 106 of the International Education Act of 1966 (20 U.S.C. 1177 (c), (d)); (6) Paragraph (3) of subsection (a) of section 104 of the Vocational Education Act of 1963 (20 U.S.C. 1244 (a) (3)). 79 Stat. 54. Ante, p. 151. 80 Stat. 1204; 81 Stat. 816. 79 Stat. 57; 79 Stat. 1223, 1226, 1228, 1230. 82 Stat. 1032. 82 Stat. 1049. 81 Stat. 82. 80 Stat. 1069. 82 Stat. 1066. 20 USC 425. 84 Stat. 175. TITLE V-CANCELLATION OF STUDENT LOANS FOR CANCELLATION OF LOANS FOR CERTAIN PUBLIC SERVICE SEC. 501. (a) Section 205 (a) (3) of the National Defense Education Act of 1958 is amended (1) by striking out "made prior to July 1, 1970 (plus interest)" and inserting in lieu thereof "(plus interest) (A)"; (2) thereafter by striking out "(A)", "(B)", or "(C)" wherever appearing therein and inserting in lieu thereof "(i)”, “(ii)", or "(iii)", respectively; and (3) by inserting before the semi-colon at the end thereof a comma and the following: "and (B) shall be canceled for service after June 30, 1970, as a member of the Armed Forces of the United States at the rate of 121⁄2 per centum of the total amount of such loan plus interest thereon for each year of consecutive service". (b) The amendment made by this section shall apply to loans made after the date of enactment of this Act. TITLE VI-EDUCATION OF THE HANDICAPPED SHORT TITLE SEC. 601. This title may be cited as the "Education of the Handicapped Act”. DEFINITION SEC. 602. As used in this title (1) The term "handicapped children" means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education and related services. (2) The term "Commissioner" means the Commissioner of Education. (3) The term "Advisory Committee" means the National Advisory Committee on Handicapped Children. (4) The term "construction", except where otherwise specified, means (A) erection of new or expansion of existing structures, and the acquisition and installation of equipment therefor; or (B) acquisition of existing structures not owned by any agency or institution making application for assistance under this title; or (C) remodeling or alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing structures; or (D) acquisition of land in connection with the activities in clauses (A), (B), and (C); or (E) a combination of any two or more of the foregoing. (5) The term "equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials. (6) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands and the Trust Territory of the Pacific Islands. (7) 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 secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (8) The term "local educational agency" means a public 84 Stat. 176. board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (9) The term "elementary school" means a day or residential school which provides elementary education, as determined under State law. (10) The term "secondary school" means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12. (11) The term "institution of higher education" means an educational institution in any State which (A) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (B) is legally authorized within such State to provide a program of education beyond high school; (C) provides an educational program for which it awards a bachelor's degree, or provides not less than a two-year program which is acceptable for full credit toward a degree, or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge; (D) is a public or other nonprofit institution; and |