Part D: Extension and expansion of the Library Services Act, originally title VI-C of S. 580.

On September 25, 1963, the Committee on Labor and Public Welfare in executive session considered H.R. 4955 as reported from the Education Subcommittee, amended it by deleting part D (which was ordered to be reported as an original bill), adopted a number of technical amendments, and ordered H.R. 4955 to be reported favorably to the Senate as thus amended. The bill was thus reported in the Senate on October 1, 1963 (Rept. 553).

Following 2 days of debate during which all attempts further to amend it were defeated, the Senate, by a vote of 80 to 4, with 16 not voting, passed H.R. 4955 on October 8, 1963.31

"Higher Education and National Affairs," a publication of the American Council on Education, commented on Octover 9 that:

Because the Senate added the provisions extendiing the National Defense Education Act and the impacted areas laws to the House-passed measure and greatly increased funds for the 4-year vocational education program ($63 million a year more than approved by the House), it seems likely that an objection (to unanimous consent to a conference) will be raised on the House floor and the measure will go to the Rules Committee.

Concerning the Senate-passed version of H.R. 4955 the New York Times pointed out in part:

Projected expenditures would go billions beyond the $1.2 billion of authorizations in the measures.

The bill authorizes new programs through grants for research and the financing of pilot and demonstration projects, and establishment of area residential schools located near urban centers having substantial dropouts and unemployed. Industrial arts and office courses would be featured. Grants would be made to States, public institutions and colleges and universities.

Also authorized would be part-time employment in public agencies or institutions for needy youths, aged 15 through 20, with grants to States.

3. Conference and Approval

32

The Senate asked for a conference on October 8, 1963. The House Rules Committee on October 24 cleared for House action a resolution to send H.R. 4955 to conference to resolve differences between the Senate- and House-passed versions of the bill. The House passed this resolution (H. Res. 554) on October 29.33 Pursuant to House Resolution 554 the House agreed to a conference on October 29, 1963. The conference report was filed on December 10, 1963 (Rept. 1025). The House agreed to the conference report on December 12, 1963. The Senate agreed to the conference report on December 13, 1963.

On December 18, 1963, President Johnson approved H.R. 4955. The Washington Star reported his comments in this connection as follows:

President Johnson today signed a bill expanding Federal aid for vocational education which he said provides the tools for a major attack on one of the biggest obstacles to the Nation's economic growth.

Modern demands of labor and industry require greater skills and knowledge in workers, the President said as he signed the measure.

He said he believed the new law will help close the gap between the number of technicians needed in this country and the number being turned out by its educa

Congressional Record (daily edition), Oct. 8, 1963, p. 18037.

Trussell, C. P., "Job Training Bill Passed by Senate," New York Times, Oct. 9, 1963, pp. 1, 18. Congressional Record (daily edition), Oct. 29, 1963, p. 19391.

tional system. He added that he was told that 100,000 technicians are needed each year in the engineering field alone, with only 20,000 coming out of school." H.R. 4955 as enacted (Public Law 88-210), besides expanding the Federal-State vocational education program also expands and extends the National Defense Education Act (NDEA) and extends the program of Federal aid to schools in certain areas affected by Federal activities. The provisions respecting the NDEA and federally impacted areas are summarized under the corresponding headings in this report. Following is a summary of the provisions concerning vocational education, which constitute the Vocational Education Act of 1963.35

4. Digest of the Act

Vocational Education Act-Authorizes Federal grants to States to assist them to maintain, extend, and improve their programs of Vocational education for persons of all ages. Authorizes $60 million for 1964, $118,500,000 for 1965, $177,500,000 for 1966, and $225 million for 1967 and each year thereafter.

Provides that 90 percent of the annual appropriation shall be allotted among the States on the basis of the per capita income and the number of persons in three age groups in the respective States. Provides that the funds shall be used for vocational education for persons attending high school, for persons who have completed or left high school and who are available for full-time study in preparation who are for entering the labor market, for persons who need training or retraining to achieve stability or advancement in employment, for persons who have academic, socioeconomic, or other handicaps, for construction of area vocational education facilities, and for ancillary services and activities.

Establishes in the Office of Education an Advisory Committee on Vocational Education to advise the Secretary with respect to the approval of pilot projects.

Establishes an Advisory Council on Vocational Education for the purpose of reviewing the program and laws.

Provides for work-study programs for vocational education students and for grants to establish residential vocational education schools.

5. Text of the Act

Following is the text of Public Law 88-210:

PUBLIC LAW 88-210, 88TH CONGRESS, H.R. 4955, DECEMBER 18, 1963

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

PART A-VOCATIONAL EDUCATION

DECLARATION OF PURPOSE

SECTION 1. It is the purpose of this part to authorize Federal grants to States to assist them to maintain, extend, and improve existing programs of Vocational education, to develop new programs of vocational education, and

Johnson Signs Vocational Bill," Washington Star, Dec. 18, 1963, p. B-4.
Public Law 88-210, sec. 17. short title.

to provide part-time employment for youths who need the earnings from such employment to continue their vocational training on a full-time basis, so that persons of all ages in all communities of the State-those in high school, those who have completed or discontinued their formal education and are preparing to enter the labor market, those who have already entered the labor market but need to upgrade their skills or learn new ones, and those with special educational handicaps-will have ready access to vocational training or retraining which is of high quality, which is realistic in the light of actual or anticipated opportunities for gainful employment, and which is suited to their needs, interests, and ability to benefit from such training.

AUTHORIZATION OF APPROPRIATIONS

SEC. 2. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1964, $60,000,000, for the fiscal year ending June 30, 1965, $118,500,000, for the fiscal year ending June 30, 1966, $177,500,000, and for the fiscal year ending June 30, 1967, and each fiscal year thereafter, $225,000,000, for the purpose of making grants to States as provided in this part.

ALLOTMENTS TO STATES

SEC. 3. (a) Ninety per centum of the sums appropriated pursuant to section 2 shall be allotted among the States on the basis of the number of persons in the various age groups needing vocational education and the per capita income in the respective States as follows: The Commissioner shall allot to each State for each fiscal year

(1) An amount which bears the same ratio to 50 per centum of the sums so appropriated for such year, as the product of the population aged fifteen to nineteen, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus

(2) An amount which bears the same ratio to 20 per centum of the sums so appropriated for such year, as the product of the population aged twenty to twenty-four, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus

(3) An amount which bears the same ratio to 15 per centum of the sums so appropriated for such year, as the product of the population aged twentyfive to sixty-five, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus

(4) an amount which bears the same ratio to 5 per centum of the sums so appropriated for such year, as the sum of the amounts allotted to the State under paragraphs (1), (2), and (3) for such year bears to the sum of the amounts allotted to all the States under paragraphs (1), (2), and (3) for such year.

(b) The amount of any State's allotment under subsection (a) for any fiscal year which is less than $10,000 shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States under such subsection, 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 that amount.

(c) 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's plan approved under section 5 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 other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use under the approved plan of such State 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 subsection during such year shall be deemed part of its allotment under subsection (a) for such year.

(d) (1) The "allotment ratio" for any State shall be 1.00 less the product of (A) .50 and (B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the States (exclusive of Puerto Rico, Guam, American Samoa, and the Virgin Islands), except that (i) the allotment

ratio shall in no case be less than .40 or more than .60, and (ii) the allotment ratio for Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be .60.

(2) The allotment ratios shall be promulgated by the Commissioner for each fiscal year, between July 1 and September 30 of the preceding fiscal year, except that for the fiscal year ending June 30, 1964, such allotment ratios shall be promulgated as soon as possible after the enactment of this part. Allotment ratios shall be computed on the basis of the average of the per capita incomes for a State and for all the States (exclusive of Puerto Rico, Guam, American Samoa, and the Virgin Islands) for the three most recent consecutive fiscal years for which satisfactory data is available from the Department of Commerce.

(3) The term “per capita income" for a State or for all the States (exclusive of Puerto Rico, Guam, American Samoa, and the Virgin Islands) for any fiscal year, means the total personal income for such State, and for all such States, respectivly, in the calendar year ending in such fiscal year, divided by the population of such State, and of all such States, respectively, in such fiscal year.

(4) The total population and the population of particular age groups of a State or of all the States shall be determined by the Commissioner on the basis of the latest available estimates furnished by the Department of Commerce.

USES OF FEDERAL FUNDS

SEC. 4. (a) Except as otherwise provided in subsection (b), a State's allotment under section 3 may be used, in accordance with its approved State plan, for any or all of the following purposes:

(1) Vocational education for persons attending high school;

(2) Vocational education for persons who have completed or left high school and who are available for full-time study in preparation for entering the labor market;

(3) Vocational education for persons (other than persons who are receiving training allowances under the Manpower Development and Training Act of 1962 (Public Law 87-415), the Area Redevelopment Act (Public Law 87-27) or the Trade Expansion Act of 1962 (Public Law 87-794)) who have already entered the labor market and who need training or retraining to achieve stability or advancement in employment;

(4) Vocational education for persons who have academic, socioeconomic, or other handicaps that prevent them from succeeding in the regular vocational education program;

(5) Construction of area vocational education school facilities; (6) Ancillary services and activities to assure quality in all vocational education programs, such as teacher traning and supervision, program evaluation, special demonstration and experimental programs, development of instructional materials, and State administration and leadership, including periodic evaluation of State and local vocational education programs and services in light of information regarding current and projected manpower needs and job opportunities.

(b) At least 33% per centum of each State's allotment for any fiscal year ending prior to July 1, 1968, and at least 25 per centum of each State's allotment for any subsequent fiscal year shall be used only for the purposes set forth in paragraph (2) or (5), or both, of subsection (a), and at least 3 per centum of each State's allotment shall be used only for the purposes set forth in paragraph (6) of subsection (a), except that the Commissioner may, upon request of a State, permit such State to use a smaller percentage of its allotment for any year for the purposes specified above if he determines that such smaller percentage will adequately meet such purposes in such State.

(e) Ten per centum of the sums appropriated pursuant to section 2 for each fiscal year shall be used by the Commissioner to make grants to colleges and universities, and other public or nonprofit private agencies and institutions, to State boards, and with the approval of the appropriate State board, to local educational agencies, to pay part of the cost of research and training programs and of experimental, developmental, or pilot programs developed by such institutions, boards, or agencies, and designed to meet the special vocational education needs of youths, particularly youths in economically depressed communities who have academic, socioeconomic, or other handicaps that prevent them from succeeding in the regular vocational education programs.

STATE PLANS

SEC. 5. (a) A State which desires to receive its allotments of Federal funds under this part shall submit through its State board to the Commissioner a State plan, in such detail as the Commissioner deems necessary, which

(1) designates the State board as the sole agency for administration of the State plan, or for supervision of the administration thereof by local educational agencies; and, if such State board does not include as members persons familiar with the vocational education needs of management and labor in the State, and a person or persons representative of junior colleges, technical institutes, or other institutions of higher education which provide programs of technical or vocational training meeting the definition of vocational education in section 8(1) of this Act, provides for the designation or creation of a State advisory council which shall include such persons, to consult with the State board in carrying out the State plan;

(2) sets forth the policies and procedures to be followed by the State in allocating each such allotment among the various uses set forth in paragraphs (1), (2), (3), (4), (5), and (6) of section 4(a), and in allocating Federal funds to local educational agencies in the States, which policies and procedures insure that due consideration will be given to the results of periodic evaluations of State and local vocational education programs and services in light of information regarding current and projected manpower needs and job opportunities, and to the relative vocational education needs of all groups in all communities in the State, and that Federal funds made available under this part will be so used as to supplement, and, to the extent practical, increase the amounts of State or local funds that would in the absence of such Federal funds be made available for the uses set forth in section 4 (a) so that all persons in all communities of the State will as soon as possible have ready access to vocational training suited to their needs, interests, and ability to benefit therefrom, and in no case supplant such State or local funds;

(3) provides minimum qualifications for teachers, teacher-trainers, supervisors, directors, and others having responsibilities under the State plan; (4) provides for entering into cooperative arrangements with the system of public employment offices in the State, approved by the State board and by the State head of such system, looking toward such offices making available to the State board and local educational agencies occupational information regarding reasonable prospects of employment in the community and elsewhere, and toward consideration of such information by such board and agencies in providing vocational guidance and counseling to students and prospective students and in determining the occupations for which persons are to be trained; and looking toward guidance and counseling personnel of the State board and local educational agencies making available to public employment offices information regarding the occupational qualifications of persons leaving or completing vocational education courses or schools, and toward consideration of such information by such offices in the occupational guidance and placement of such persons;

(5) 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 part;

((6) provides assurance that the requirements of section 7 will be complied with on all construction projects in the State assisted under this part; and (7) 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 part, 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.

(b) The Commissioner shall approve a State plan which fulfills the conditions specified in subsection (a), and shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the State board designated pursuant to paragraph (1) of such subsection.

(c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State board administering a State plan approved under subsection (b), finds that

(1) the State plan has been so changed that it no longer complies with the provisions of subsection (a), or