ship, or primarily in connection with any part of the program of a school or department of divinity. (20 U.S.C. 1129) Enacted Nov. 8, 1965, P.L. 89–329, Title VI, sec. 609, 79 Stat. 1206; amended June 23, 1972, P.L. 92-318, sec. 131(d)(2), 86 Stat. 260. CONSULTATION SEC. 610. So as to promote the coordination of Federal programs providing assistance in the purchase of laboratory or other special equipment for education in the natural or physical sciences, the Commissioner shall consult with the National Science Foundation and other agencies in developing general policy, under this title, in respect thereof. (20 U.S.C. 1129a) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 243, 82 Stat. 1041. PART B-DEVELOPMENT PROGRAMS INSTITUTES AUTHORIZED SEC. 621. (a) There are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1966, and for each of the two succeeding fiscal years, to enable the Commissioner to arrange, through grants or contracts, with institutions of higher education for the operation by them of short-term workshops or short-term or regular-session institutes for individuals (1) who are engaged in, or preparing to engage in, the use of educational media equipment in teaching in institutions of higher education, or (2) who are, or preparing to be, in institutions of higher education, specialists in educational media or librarians or other specialists using such media. (b) For the fiscal year ending June 30, 1969, and for the succeeding fiscal year, there may be appropriated for the purposes of this part, only such sums as the Congress may hereafter authorize by law. (20 U.S.C. 1131) Enacted Nov. 8, 1965, P.L. 89-329, Title VI, sec. 621, 79 Stat. 1265. STIPENDS SEC. 622. Each individual who attends an institute operated under the provisions of this part shall be eligible (after application therefor) to receive a stipend at the rate of $75 per week for the period of his attendance at such institute and each such individual with one or more dependents shall receive an additional stipend at the rate of $15 per week for each dependent. No stipends shall be paid for attendance at workshops. (20 U.S.C. 1132) Enacted Nov. 8, 1965, P.L. 89-329, Title VI, sec. 622, 79 Stat. 1266. TITLE VII-CONSTRUCTION, RECONSTRUCTION AND PART A-GRANTS FOR THE CONSTRUCTION, RECONSTRUCTION AND RENOVATION OF UNDERGRADUATE ACADEMIC FACILITIES 1 AUTHORIZATION OF APPROPRIATIONS SEC. 701. (a) The Commissioner shall carry out a program of grants to institutions of higher education for the construction, reconstruction, or renovation of academic facilities in accordance with this part. (b) For the purpose of making grants under this part, there are hereby authorized to be appropriated $50,000,000, for the fiscal year ending June 30, 1972, $200,000,000 for the fiscal year ending June 30, 1973, and $300,000,000 for each of the fiscal years ending prior to October 1, 1979. (c) of the sums appropriated pursuant to section 701(b), an appropriate amount, but in no case less than 24 per centum shall be reserved by the Commissioner and allotted among the States under section 702. The remainder of such sums shall be available for allotment among the States under section 703. (20 U.S.C. 1132a) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 288; amended October 12, 1976, P.L. 94-482, Title I, Part G, sec. 161(a), 162(a)(3), 162(b), 90 Stat. 2157. PUBLIC COMMUNITY COLLEGES AND PUBLIC TECHNICAL INSTITUTES SEC. 702. (a) Sums reserved pursuant to the first sentence of section 701(c) shall be available for allotments to States for providing academic facilities for public community colleges and public technical institutes. (b) From the sums available for any fiscal year for the purposes of this section, the Commissioner shall allot to each State an amount which bears the same ratio to such sums as the product of (1) the number of high school graduates of the State, and bears to the sum of the corresponding products for all 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. (c)(1)2 From the sums available for any fiscal year for amount allotted to a State under this section shall be available for the pay This authority contains provisions previously authorized by the Higher Education Facilities Act of 1963. Sec 161(b)(1) of P.L. 92-318 provides as follows: "(b)(1) The programs authorized by title VII of the Higher Education Act of 1965 shall be deemed to be a continuation of the comparable programs authorized by the Higher Education Facilities Act of 1963." 2 Apparent error in P.L. 92-318. This sentence should read. "Except as is provided in paragraph (2), the amount allotted to a State under this section shall be available for the payment of Footnotes continued on next page ment of the Federal share of the development cost of approved projects for the construction, reconstruction, or renovation of academic facilities within such State for public community colleges and public technical institutes. (2) Any portion of a State's allotment under this section for any fiscal year for which applications from an institution qualified to receive grants under this section have not been received prior to January 1 of such fiscal year by the State Commission created or designated pursuant to section 1202 shall, if the State Commission so requests, be available for payment of the Federal share of the development cost of approved projects under section 703. (d) All amounts allotted under this section for any fiscal year which are not reserved as provided in section 701(c) by the close of the fiscal year for which they are allotted shall be reallotted by the Commissioner, on the basis of such factors as he determines to be equitable and reasonable, among the States which, as determined by the Commissioner, are able to use without delay any amounts so reallotted for the purpose set forth in subsection (c)(1). Amounts reallotted under this subsection shall be available for reservation until the close of the fiscal year next succeeding the fiscal year for which they were originally allotted. (a) For the purposes of clause (2) of subsection (b), the "allotment ratio" for any State shall be 1.00 less the product of (A) 0.50 and (B) the quotient obtained by dividing the income per person for the State by the income per person for all the States (not including Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam), except that (i) the allotment ratio shall in no case be less than 0.33% or more than 0.66%, (ii) the allotment ratio for Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam shall be 0.663, and (iii) the allotment ratio of any State shall be 0.50 for any fiscal year if the Commissioner finds that the cost of school construction in such State exceeds twice the median of such costs in all the States as determined by him on the basis of statistics and data as the Commissioner shall deem adequate and appropriate. The allotment ratios shall be promulgated by the Commissioner as soon as possible after June 30, 1972, and annually thereafter, on the basis of the average of the incomes per person of the State and of all the States for the three most recent consecutive calendar years for which satisfactory data are available from the Department of Commerce. (f) For the purpose of this section, the term "high school graduate" means a person who has received formal recognition (by diploma, certificate, or similar means) from an approved school for successful completion of four years of education beyond the first eight years of schoolwork, or for demonstration of equivalent achievement. For the purposes of this section the number of high school graduates shall be limited to the number who graduated in the most recent school year for which satisfactory data are available from the Department of Health, Education, and Welfare. The inter Footnotes continued from last page the Federal share of the development cost of approved projects for the construction of academic facilities within such State for public community colleges and public technical institutes. 1 1 Apparent error. Should read (e). 41-991 - 79 -- 11 pretation of the definition of "high school graduate" shall fall within the authority of the Commissioner. (20 U.S.C. 1132a-1) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 288, 289, amended October 12, 1976, P.L. 94-482, Title I, Part G, sec. 162(a)(3), 90 Stat. 2157. INSTITUTIONS OF HIGHER EDUCATION OTHER THAN PUBLIC COMMUNITY COLLEGES AND PUBLIC TECHNICAL INSTITUTES SEC. 703. (a) Sums appropriated pursuant to section 701(b) which remain after the reservation provided for in the first sentence of section 701(c) for any fiscal year shall be available for allotments to States for providing academic facilities for institutions of higher education other than institutions eligible for grants under section 702. (b) Sums available for the purposes of this section for any fiscal year shall be allotted among the States as follows: (1) The Commissioner shall allot to each State an amount which bears the same ratio to 50 per centum of such sums as the number of students enrolled in institutions of higher education in such States bears to the number of students so enrolled in all the States; and (2) The Commissioner shall allot to each State an amount which bears the same ratio to 50 per centum of such sums as the number of students enrolled in grades nine through twelve (both inclusive) of schools in such State bears to the total number of students so enrolled in all the States. For the purposes of this subsection (A) the number of students enrolled in institutions of higher education shall be deemed to be equal to the sum of (i) the number of full-time students and (ii) the fulltime equivalent of the number of part-time students as determined by the Commissioner in accordance with regulations; and (B) determinations as to enrollment under either clause (1) or clause (2) shall be made by the Commissioner on the basis of data for the most recent year for which satisfactory data with respect to such enrollment are available to him. The amount allotted to any State under the preceding sentence for any fiscal year shall not be less than $50,000." (c)(1) Any amount allotted to a State under this section for any fiscal year shall, except as provided in paragraph (2), be available, in accordance with the provisions of this title, or payment of the Federal share of the development cost of approved projects for the construction, reconstruction, or renovation of academic facilities within such State for institutions of higher education which are not eligible for grants under section 702. (2) Any portion of a State's allotment under this section for any fiscal year for which applications from an institution qualified to receive grants under this section have not been received by the State Commission prior to January 1 of such fiscal year, shall, if the State Commission so requests, be available for payment of the Federal share of the development cost of approved projects under section 702. (d) All amounts allotted under this section for any fiscal year, which are not reserved by the close of the fiscal year for which they are allotted, shall be reallotted by the Commissioner, on the basis of such factors as he determines to be equitable and reason able, among the States which, as determined by the Commissioner, are able to use without delay any amounts so reallotted for the purposes of this section. Amounts reallotted under this subsection shall be available for reservation until the close of the fiscal year next succeeding the fiscal year for which they were originally allotted. (20 U.S.C. 1132a-2) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 290; amended October 12, 1976, P.L. 94-482, Title I, Part G, sec. 162(a)(3), 90 Stat. 2157. STATE PLANS SEC. 704. (a) Any State desiring to participate in the grant program authorized by this part for any fiscal year shall submit for that year to the Commissioner through the State Commission a State plan for such participation. Such plan shall be submitted at such time, in such manner, and containing such information as may be necessary to enable the Commissioner to carry out his functions under this part and shall— (1) provide that it shall be administered by the State Commission; (2) set forth objective standards and methods which are consistent with basic criteria prescribed by regulations pursuant to section 706, for— (A) determining the relative priorities of eligible projects submitted by institutions of higher education within the State for the construction, reconstruction, or renovation of academic facilities, and (B) determining the Federal share of the development cost of each such project; (3) provide that the funds apportioned for any fiscal year under section 702 or 703 shall be used only for the purposes set forth therein; (4) provide for (A) assigning priorities solely on the basis of such criteria, standards, and methods to eligible projects submitted to the State Commission and found by it otherwise approvable under the provisions of this part, and (B) approving and recommending to the Commissioner, in the order of such priority, applications covering such eligible projects, and for certifying to the Commissioner the Federal share of the development cost of the project involved; (5) provide for affording to every applicant which has submitted a project to the State Commission an opportunity for a fair hearing before the State Commission as to the priority assigned to such project, or as to any other determination of the State Commission adversely affecting such applicant; and (6) provide for (A) 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 Commission under this part, and (B) making such reports, in such form and containing such information, as may be reasonably necessary to |