(B) The term "reconstruction or renovation" means rehabilitation, alteration, conversion, or improvement (including the acquisition and installation of initial equipment, or modernization or replacement of such equipment) of existing structures. For the purposes of the preceding sentence, the term "equipment" includes, in addition to machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books, curricular and program materials, and items of current and operating expense such as fuel, supplies, and the like; the term "initial equipment" means equipment acquired and installed either in connection with construction as defined in paragraph (2)(A), or as part of the rehabilitation, alteration, conversion, or improvement of an existing structure, which structure would otherwise not be adequate for use as an academic facility; the terms "equipment", "initial equipment", and "built-in equipment" shall be more particularly defined by the Commissioner by regulation; and the term "rehabilitation, alteration, conversion, or improvement" includes such action as may be necessary to provide for the architectural needs of, or to remove architectural barriers to, handicapped persons with a view toward increasing the accessibility to, and use of, academic facilities by such persons.

(3)(A) The term "development cost", with respect to an academic facility, means the amount found by the Commissioner to be the cost, to the applicant for a grant or loan under this title of the construction, reconstruction, or renovation involved and the cost of necessary acquisition of the land on which the facility is located and of necessary site improvements to permit its use for such facility. There shall be excluded from the development cost

(i) in determining the amount of any grant under part A or B, an amount equal to the sum of (I) any Federal grant which the institution has obtained or is assured of obtaining, under any law other than this title, with respect to the construction, reconstruction, or renovation that is to be financed with the aid of a grant under part A or B, and (II) the amount of any non-Federal funds required to be expended as a condition of such other Federal grant; and

(ii) in determining the amount of any loan under part C, an amount equal to the amount of any Federal financial assistance which the institution has obtained, or is assured of obtaining, under any law other than this title, with respect to the construction, reconstruction, or renovation that is to be financed with the aid of a loan under part C.

(B) In determining the development cost with respect to an academic facility, the Commissioner may include expenditures for works of art for the facility of not to exceed 1 per centum of the total cost (including such expenditures) to the applicant of construction, reconstruction, or renovation of, and land acquisition and site improvements for, such facility.

(4) The term "Federal share" means, except as provided in section 706(b)(2), in the case of any project a percentage (as determined under the applicable State plan) in excess of 50 per centum. of its development cost.

(5) The term "higher education building agency" means (A) an agency, public authority, or other instrumentality of a State authorized to provide, or finance the construction, reconstruction, or renovation of, academic facilities for institutions of higher education (whether or not also authorized to provide or finance other facilities for such or other educational institutions, or for their students or faculty), or (B) any corporation (no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual (I) established by an institution of higher education for the sole purpose of providing academic facili ties for the use of such institution, and (II) upon dissolution of which, all title to any property purchased or built from the proceeds of any loan made under part C will pass to such institution). (6) The term "public community college and public technical institute" means an institution of higher education which is under public supervision and control, and is organized and administered principally to provide a two-year program which is acceptable for full credit toward a bachelor's degree, or 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; and the term includes a branch of an institution of higher education offering four or more years of higher education which is located in a community different from that in which its parent institution is located.

(7) The term "cooperative graduate center" means an institution or program created by two or more institutions of higher education which will offer to the students of the participating institutions of higher education graduate work which could not be offered with the same proficiency or economy (or both) at the individual institution of higher education. The center may be located or the program carried out on the campus of any of the participating institutions or at a separate location.

(8) The term "cooperative graduate center board" means a duly constituted board established to construct and maintain the cooperative graduate center and coordinate academic programs. The board shall be composed of representatives of each of the institutions of higher education participating in the center and of the community involved. At least one-third of the board's members shall be community representatives. The board shall elect by a majority vote a chairman from among its membership.

(9) The term "public educational institution" does not include a school or institution of any agency of the United States.

(10) 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, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(20 U.S.C. 1132e-1) Enacted June 23, 1972, P.L. 92-318, sec. 161, 86 Stat. 303; amended October 12, 1976, P.L. 94-482, Title I, Part G, sec. 162(a)(3), (a)(4), (j)(2), 90 Stat. 2157, 2158, 2159.

TITLE VIII—COOPERATIVE EDUCATION

APPROPRIATIONS AUTHORIZED

SEC. 801. (a) There are authorized to be appropriated(1) for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976, $13,000,000;

(2) for the fiscal year 1977, $15,000,000;

(3) for the fiscal year 1978, $20,000,000;

(4) for the fiscal year 1979, $25,000,000; and

(5) for each of the fiscal years 1980, 1981, and 1982, $25,000,000, to enable the Commissioner to make grants pursuant to section 802 to institutions of higher education, or to combinations of such institutions, for the planning, establishment, expansion, or carrying out by such institutions or combinations of programs of cooperative education. Such programs shall provide alternating periods of academic study and of public or private employment, the latter affording students not only the opportunity to earn the funds necessary for continuing and completing their education but, so far as practicable, giving them work experience related to their academic or occupational objectives.

(b) There are further authorized to be appropriated

(1) $1,000,000 for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976;

(2) $1,500,000 for the fiscal year 1977;

(3) $2,500,000 for the fiscal year 1978; and

(4) $3,000,000 for each of the fiscal years 1978, 1979, 1980, 1981, and 1982,

to enable the Commissioner to make training, demonstration, or research grants or contracts pursuant to section 803.

(c) Appropriations under this title shall not be available for the payment of compensation of students for employment by employers under arrangements pursuant to this part.

(20 U.S.C. 1133) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 82 Stat. 1042, amended June 23, 1972, P.L. 92-318, sec. 172, 86 Stat. 304; amended October 12, 1976, P.L. 94-482, Title I, Part D, sec. 129(b), 90 Stat. 2144, 2145.

GRANTS FOR PROGRAMS OF COOPERATIVE EDUCATION

SEC. 802. (a) From the sums appropriated pursuant to subsection (a) of section 801, and for the purposes set forth therein, the Commissioner is authorized to make grants to institutions of higher education that have applied therefor in accordance with subsection (b) of this section, in amounts not in excess of $175,000 to any one such institution for any fiscal year, and to combinations of such institutions (that have so applied) in amounts not to exceed an amount equal to the product of $125,000 times the number of institutions participating in such combination, for any fiscal year.

(b) Each application for a grant authorized by subsection (a) of this section shall be filed with the Commissioner at such time or times as he may prescribe and shall

(1) set forth programs or activities for which a grant is authorized under this section;

(2) specify the portion or portions of such programs or activities which will be performed by a nonprofit organization or institution other than the applicant and the compensation to be paid for such performance;

(3) provide that the applicant will expend during such fiscal year for the purpose of such program or activity not less than was expended for such purpose during the previous fiscal year;

(4) provide that the applicant shall make such reports and keep such records as are essential to insure that the applicant's programs or activities are conducted in accordance with the provisions of this part;

(5) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under this part; and

(6) include such other information as is essential to carry out the provisions of this part.

(c) No institution of higher education may receive, individually or as a participant in a combination of such institutions, grants under this section for more than five fiscal years. No such institution or combination thereof may receive

(1) a grant in excess of 100 per centum of the total administrative cost for the first of such fiscal years;

(2) a grant in excess of 90 per centum of such cost for the second of such years;

(3) a grant in excess of 80 per centum of such cost for the third of such years;

(4) a grant in excess of 60 per centum of such cost for the fourth of such years; or

(5) a grant in excess of 30 per centum of such cost for the fifth of such years.

Any provision of law to the contrary notwithstanding, the Commissioner shall not waive the provisions of this subsection.

(d) In approving applications under this section, the Commissioner shall give special consideration to applications from institutions of higher education for programs which show the greatest promise of success because of

(1) the extent to which programs in the academic discipline with respect to which the application is made have had a favorable reception by employers,

(2) the commitment of the institution of higher education to cooperative education as demonstrated by the plans which such institution has made to continue the program after the termination of Federal financial assistance, and

(3) such other factors as are consistent with the purposes of

this section.

(20 U.S.C. 1133a) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 82 Stat. 1043; amended June 23, 1972, P.L. 92-418, sec. 171, 86 Stat. 304; amended October 12, 1976, P.L. 94-482, Title I, Part D, sec. 129(b), 90 Stat. 2145, 2146.

GRANTS AND CONTRACTS FOR TRAINING AND RESEARCH

SEC. 803. From the sums appropriated pursuant to subsection (b) of section 801, the Commissioner is authorized, for the training of persons in the planning, establishment, administration, or coordination of programs of cooperative education, for projects demonstrating or exploring the feasibility or value of innovative methods of cooperative education, or for research into methods of improving, developing, or promoting the use of cooperative education programs in institutions of higher education, to—

(1) make grants to or contracts with institutions of higher education, or combinations of such institutions, and

(2) make grants to or contracts with other public or private nonprofit agencies or organizations, when such grants or contracts will make an especially significant contribution to attaining the objectives of this section.

(20 U.S.C. 1133b) Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 82 Stat. 1043; amended October 12, 1976, P.L. 94–482, Title I, Part D, sec. 129(b), 90 Stat. 2146.

TITLE IX-GRADUATE PROGRAMS

PART A-GRANTS TO INSTITUTIONS OF HIGHER EDUCATION

PURPOSES; AUTHORIZATION

SEC. 901. (a) It is the purpose of this part to make financial assistance available to institutions of higher education

(1) to strengthen, improve and where necessary expand the quality of graduate and professional programs leading to an advanced degree (other than a medical degree) in such institutions;

(2) to establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and

(3) to assist in strengthening undergraduate programs of instruction in the areas described in clauses (1) and (2), whenever the Commissioner determines that strengthened undergraduate programs of instruction will contribute to the purposes of such clauses.

(b) The Commissioner shall carry out a program of making grants to institutions of higher education to carry out the purposes set forth in subsection (a).

(c) There are authorized to be appropriated $50,000,000 for each of the fiscal years ending prior to October 1, 1979, for the purpose of this part.

(20 U.S.C. 1134) Enacted June 23, 1972, P.L. 92-318, sec. 181(a), 86 Stat. 304; amended October 12, 1976, P.L. 94-482, Title I, Part H, sec. 171(a)(1), (a)(2), 90 Stat. 2159.

APPLICATIONS FOR GRANTS

SEC. 902. (a) The Commissioner is authorized to make grants to institutions of higher education in accordance with the provisions.