and preliminary and subsequent reports concerning existing federally financed research and current status of research.

Subsec. (b). Pub. L. 92-318 struck out provisions respecting contracts and grants for educational research and report thereof to Congress.

Subsec. (c). Pub. L. 92-318 struck out provisions respecting transfer of grant funds to other Federal agencies.

EFFECTIVE DATE OF 1972 AMENDMENT Section 303(a) of Pub. L. 92-318 provided in part that amendment of subsec. (a) (1) and repeal of subsecs. (a) (3), (b), and (c) of this section and amendment of section 332 of this title shall be effective July 1, 1972. AUTHORITY OF COMMISSIONER

Section 303 (b) of Pub. L. 92-318 provided that: "Nothing contained in the amendments made by subsection (a) [to this section and section 332 of this title] shall be construed to grant the Commissioner of Education any authority which he did not have under the Cooperative Research Act [this chapter] prior to July 1, 1972."

§ 332. Same; appropriations.

There are authorized to be appropriated for purposes of section 331a of this title, $58,000,000 for the fiscal year ending June 30, 1973, $68,000,000 for the fiscal year ending June 30, 1974, and $78,000,000 for the fiscal year ending June 30, 1975. (As amended Pub. L. 92-318, title III, § 303 (a) (2), June 23, 1972, 86 Stat. 333.)

AMENDMENT

1972-Pub. L. 92-318 authorized specific appropriations of $58,000,000, $68,000,000, and $78,000,000 for fiscal years ending June 30, 1973, 1974, and 1975, and struck out general appropriations authorization for necessary sums. EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-318 effective July 1, 1972, see section 303 (a) of Pub. L. 92-318, set out as a note under section 331a of this title.

AUTHORITY OF COMMISSIONER

Amendment by Pub. L. 92-318 not to be construed as granting Commissioner any authority which he did not have under this chapter, see section 303 (b) of Pub. L. 92-318, set out as a note under section 331a of this title.

Chapter 17.-NATIONAL DEFENSE EDUCATION

PROGRAM

§ 421. Authorization of appropriations.

For the purpose of enabling the Commissioner to stimulate and assist in the establishment at institutions of higher education of funds for the making of low-interest loans to students in need thereof to pursue their courses of study in such institutions, there are authorized to be appropriated $47,500,000 for the fiscal year ending June 30, 1959, $75,000,000 for the fiscal year ending June 30, 1960, $82,500,000 for the fiscal year ending June 30, 1961, $90,000,000 each for the fiscal year ending June 30, 1962, and the next fiscal year, $125,000,000 for the fiscal year ending June 30, 1964, $163,300,000 for the fiscal year ending June 30, 1965, $179,300,000 for the fiscal year ending June 30, 1966, $190,000,000 for the fiscal year ending June 30, 1967, $225,000,000 for the fiscal year ending June 30, 1968, $210,000,000 for the fiscal year ending June 30, 1969, $325,000,000 for the fiscal year ending June 30, 1970, and $375,000,000 each for the fiscal year ending June 30, 1971, and for the fiscal year ending June 30, 1972, and there are further authorized to be appropriated such sums for the fiscal year ending June 30, 1972, and each of the

next three fiscal years as may be necessary to enable students who have received loans for school years ending prior to July 1, 1971, to continue or complete their education. Sums appropriated under this section for any fiscal year shall be available, in accordance with agreements between the Commissioner and institutions of higher education, for payment of Federal capital contributions which, together with contributions from the institutions, shall be used for establishment and maintenance of student loan funds. (As amended Pub. L. 92-318, title I, § 137(a) (1), June 23, 1972, 86 Stat. 272.)

AMENDMENTS

1972-Pub. L. 92-318 substituted "$375,000,000 each for the fiscal year ending June 30, 1971, and for the fiscal year ending June 30, 1972", for "$375,000,000 for the fiscal year ending June 30, 1971".

EFFECTIVE DATE OF 1972 AMENDMENT

Section 137(a) (2) of Pub. L. 92-318 provided that: "The amendments made by paragraph (1) [to this section] shall be effective after June 30, 1971."

§ 422. Allotments to States.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1087bb of this title. § 425. Terms of loans.

CANCELLATION OF LOANS

Section 137 (c) of Pub. L. 92-318, title I, June 23, 1972, 86 Stat. 279, provided that: "In the case of a loan made before July 1, 1972, under title II of the National Defense Education Act of 1958 [this subchapter] not to exceed 50 per centum of such loan (1) shall be canceled for service by the borrower as a full-time teacher in a public or other nonprofit elementary or secondary school in a State, in an institution of higher education, or in an elementary or secondary school overseas of the Armed Forces of the United States at the rate of 10 per centum of the total amount of such loan for each complete academic year of such service, except that (A) such rate shall be 15 per centum for each complete academic year of service as a full-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency which is eligible in such year for assistance pursuant to title I of the Elementary and Secondary Education Act of 1965, as amended [section 241a et seq. of this title, and which for purposes of this paragraph and for that year has been determined by the Commissioner (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which there is a high concentration of students from low-income families, except that (unless all of the schools so determined are schools in which the enrollment of children described in clause (A), (B), or (C) of section 103 (a) (2) of such title [section 241c(a) (2) of this title] (using a low-income factor of $3,000) exceeds 50 per centum of the total enrollment of the school) the Commissioner shall not make such determination with respect to more than 25 per centum of the total of the public and other nonprofit elementary and secondary schools in any one State for any one year. (B) such rate shall be 15 per centum for each complete academic year of service as a full-time teacher of handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, or other health impaired children who by reason thereof require special education) in a public or other nonprofit elementary or secondary school system, and (C) for the purposes of any cancellation pursuant to clause (A) or (B), an additional 50 per centum of any such loan may be canceled, and (2) shall be canceled for service by the borrower 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 for each year of consecutive service, but only if such loan was made after April 13, 1970."

June 30, 1971, and June 30, 1972, $50,000,000 for the fiscal year ending June 30, 1973, and $75,000,000 for each of the fiscal years ending June 30, 1974, and June 30, 1975, to carry out the provisions of this subchapter. (As amended Pub. L. 92-318, title I, § 182 (b), June 23, 1972, 86 Stat. 312.)

AMENDMENTS

1972-Pub. L. 92-318 authorized appropriations of $38,500,000, $50,000,000, $75,000,000, and $75,000,000 for fiscal years ending June 30, 1972, 1973, 1974, and 1975.

Chapter 21.-HIGHER EDUCATION FACILITIES SS 711 to 721. Repealed. Pub. L. 92-318, title I, §161 (b)(2), June 23, 1972, 86 Stat. 303.

Secton 711, Pub. L. 88-204, title I, § 101, Dec. 16, 1963, 77 Stat. 364; Pub. L. 89-329, title VII, § 701(b), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89-752, § 2(a), (b), Nov. 3, 1966, 80 Stat. 1240; Pub. L. 90-575, title IV, § 401(a)(1), (2), Oct. 16, 1968, 82 Stat. 1059, authorized appropriations for grants for construction of undergraduate academic facilities.

Section 712, Pub. L. 88-204, title I, § 102, Dec. 16, 1963, 77 Stat. 364; Pub. L. 89-752, § 2(c), Nov. 3, 1966, 80 Stat. 1241, provided for allotment of funds.

Section 713, Pub. L. 88-204, title I, § 103, Dec. 16, 1963, 77 Stat. 365; Pub. L. 89-329, title VII, § 702(a) (1), (2), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89–752, § 2 (d), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90-575, title IV, §§ 401(a) (4), 406(a), Oct. 16, 1968, 82 Stat. 1059, 1061, provided for allotments for public community colleges and technical institutes, providing in former subsec. (a) for basis of computation and minimum amount; subsec. (b) availability of funds; subsec. (c) reallotment of unreserved funds at close of fiscal year and factors considered; subsec. (d) allotment ratio, specification and promulgation thereof, and definition of high school graduate.

Section 714, Pub. L. 88-204, title I, § 104, Dec. 16, 1963, 77 Stat. 366; Pub. L. 89-329, title VII, § 702(b) (1), (2), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89–752, § 2(d), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90-575, title IV, §§ 401(a) (4), 406 (a), Oct. 16, 1968, 82 Stat. 1059, 1061, provided for allotments for institutions of higher education other than public community colleges and technical institutes, providing in former subsec. (a) for considerations and determinations affecting allotments and minimum; subsec. (b) availability of funds; and subsec. (c) reallotment of unreserved funds at close of fiscal year and factors considered.

Section 715, Pub. L. 88-204, title I, § 105, Dec. 16, 1963, 77 Stat. 367; Pub. L. 89-329, title VII, § 702(a) (3), (4), (b) (3), (c) (1), Nov. 8, 1965, 79 Stat. 1267, 1268; Pub. L. 89-752, § 3(a), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90– 575, title IV, § 401(a) (3), Oct. 16, 1968, 82 Stat. 1059, provided for State commissions and plans and authorized expenditures.

Section 716, Pub. L. 88-204, title I, § 106, Dec. 16, 1963, 77 Stat. 368; Pub. L. 89-329, title VII, § 701(a), Nov. 8, 1965, 79 Stat. 1266; Pub. L. 90-575, title IV, § 402(a) (1), (b)(1), Oct. 16, 1968, 82 Stat. 1059, 1060, related to eligibility of institutions for grants and expansion of student enrollment capacity.

Section 717, Pub. L. 88-204, title I, § 107, Dec. 16, 1963, 77 Stat. 368; Pub. L. 89-329, title VII, § 702(c) (2), Nov. 8, 1965, 79 Stat. 1268; Pub. L. 90-575, title IV, §§ 402 (a) (2), 405 (a), Oct. 16, 1968, 82 Stat. 1059, 1061, provided basic criteria for determining priorities and Federal share.

Section 718, Púb. L. 88-204, title I, § 108, Dec. 16, 1963, 77 Stat. 369; Pub. L. 90-575, title IV, § 402 (a)(3), Oct. 16, 1968, 82 Stat. 1059, related to applications for grants, providing in former subsec. (a) for submission of applications by institutions; subsec. (b) conditions for approval; and subsec. (c) amendments of applications. Section 719, Pub. L. 88-204, title I, § 109, Dec. 16, 1963, 77 Stat. 370, provided for reservation and payment of grant.

Section 720, Pub. L. 88-204, title I, § 110, Dec. 16, 1963, 77 Stat. 370, provided for disapproval of State plans,

notice and hearing, findings of Commissioner, and notification of non-eligibility.

Section 721, Pub. L. 88-204, title I, § 111, Dec. 16, 1963, 77 Stat. 370, related to judicial review, providing in former subsec. (a) for appeal by State of Commissioner's final action to court of appeals; subsec. (b) findings of Commissioner conclusive if substantially supported, remand for taking further evidence, and new or modified findings conclusive if supported; subsec. (c) jurisdiction of court of appeals and review by Supreme Court.

Subject matter of former sections 711 to 721 of this title is now covered by section 1132a et seq. of this title. EFFECTIVE DATE OF REPEAL

Section 161 (b) (2) of Pub. L. 92-318 provided that repeal of sections 711 to 721, 731, and 732 of this title shall be effective July 1, 1972.

§§ 731, 732. Repealed. Pub. L. 92-318, title I, § 161 (b)(2), June 23, 1972, 86 Stat. 303.

Section 731, Pub. L. 88-204, title II, § 201, Dec. 16, 1963, 77 Stat. 371; Pub. L. 89-329, title VII, §§ 701(c), 702(d), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89-752, § 4, Nov. 3, 1966, 80 Stat. 1242; Pub. L. 90-575, title IV, § 401(b), Oct. 16, 1968, 82 Stat. 1059, authorized appropriations for grants for construction of graduate academic facilities and is now covered by section 1132b of this title.

Section 732, Pub. L. 88-204, title II, § 202, Dec. 16, 1963, 77 Stat. 371; Pub. L. 90-575, title II, § 291 (b) (2), title IV, § 405(b), Oct. 16, 1968, 82 Stat. 1050, 1061, related to grants, providing in former subsec. (a) for eligible institutions and requirement of an application; subsec. (b) maximum allowable percentile of development cost; subsec. (c) action by panel of specialists required for application approval and considerations affecting approval; and subsec. (d) maximum amount of payments in any fiscal year, and is now covered by section 1132b-1 of this title.

EFFECTIVE DATE OF REPEAL

Sections repealed effective July 1, 1972, see section 161 (b) (2) of Pub. L. 92-318, set out as a note under former sections 711 to 721 of this title.

§ 746. Repealed. Pub. L. 92-318, title I, § 161(b)(3), June 23, 1972, 86 Stat. 303.

Section, Pub. L. 88-204, title III, § 306, as added Pub. L. 90-575, title IV, § 403, Oct. 16, 1968, 82 Stat. 1060, related to annual interest grants, providing in: subsec. (a) for power of Commissioner; subsec. (b) for maximum period and amount and approval by Secretary; subsec. (c) for authorization of appropriations and limitation on aggregate amount of contracts; subsec. (d) for maximum amount of funds usable in one State; and subsec. (e) certain prerequisites and nature of financing. Subject matter is now covered by section 1132c-4 of this title. EFFECTIVE Date of RepEAL

Section 161 (b)(3) of Pub. L. 92-318 provided that repeal of this section shall be effective July 1, 1972.

§ 821. Authorization of appropriations. DUTIES AND RESPONSIBILITIES OF SECRETARY OF INTERIOR RESPECTING FUNDS

Section 421(b) (2) of Pub. L. 92-318, title IV, June 23, 1972, 86 Stat. 341, provided that: "For the purposes of titles II and III of the Elementary and Secondary Education Act of 1965 [this subchapter and subchapter II of this chapter] and part B of title VI of Public Law 91-230 [sections 1411 to 1414 of this title], the Secretary of the Interior shall have the same duties and responsibilities with respect to funds paid to him under such titles, as he would have if the Department of the Interior were a State educational agency having responsibility for the administration of a State plan under such titles."

§ 822. Authorization of additional appropriations; allotments and reallotments.

(a) (1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for payments to States under section 821 (b) of this title. The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this subchapter. In addition, for the fiscal year ending June 30, 1968, and each of the succeeding fiscal years ending prior to July 1, 1973, he shall allot from such amount to (A) the Secretary of the Interior the amount necessary for such assistance for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amount necessary for such assistance for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payments for such purpose shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this subchapter.

(As amended Pub. L. 92-318, title IV, § 421(b) (1) (A), June 23, 1972, 86 Stat. 341.)

AMENDMENTS

1972-Subsec. (a) (1). Pub. L. 92-318 substituted in third sentence "July 1, 1973" for "July 1, 1972". § 823. State plans.

(a) Any State which desires to receive grants under this subchapter shall submit to the Commissioner a State plan, in such detail as the Commissioner deems necessary, which

(3) sets forth the criteria to be used in allocating library resources, textbooks, and other printed and published instructional materials provided under this subchapter among the children and teachers of the State, which criteria shall

(B) provide assurance that to the extent consistent with law such library resources, textbooks, and other instructional materials will be provided on an equitable basis for the use of children and teachers in private elementary and secondary schools in the State which comply with the compulsory attendance laws of the State or are otherwise recognized by it through some procedure customarily used in the State,

(C) provide assurance that, in order to secure the effective and efficient use of Federal funds, there will be appropriate coordination at both State and local levels between the program carried out under this subchapter with respect to library resources and the program (if any) carried out under the Library Services and Construction Act, and

(D) provide assurance that equal consideration shall be given to the needs of elementary and secondary schools for library resources, textbooks, and other printed and published materials utilized for instruction, orientation, or guidance and counseling in occupational education.

(As amended Pub. L. 92-318, title V, § 509 (a) (1), June 23, 1972, 86 Stat. 353.)

AMENDMENTS

1972-Subsec. (a) (3) (D). Pub. L. 92-318 added cl. (D). SUBCHAPTER II.-SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICES

§ 841. Authorization of appropriations. DUTIES AND RESPONSIBILITIES OF SECRETARY OF INTERIOR RESPECTING FUNDS

Duties and responsibilities of Secretary of Interior those of a State educational agency with respect to funds under this subchapter, see section 421 (b) (2) of Pub. L. 92-318, set out as a note under section 821 of this title.

§ 842. Allotment of appropriated funds. (a) Additional appropriation for outlying areas; payments to Secretaries of Interior and Defense; allotment among States.

(1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per

centum of the amount appropriated for such year for grants under this subchapter. The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this subchapter. In addition for each fiscal year ending prior to July 1, 1973, he shall allot from such amount to (A) the Secretary of the Interior the amount necessary to provide programs and projects for the purpose of this subchapter for individuals on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amount necessary for such assistance for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payments for such purpose shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this subchapter.

(C) programs designed to encourage the development in elementary and secondary schools of occupational information and counseling and guidance, and instruction in occupational education on an equal footing with traditional academic education;

(D) specialized instruction and equipment for students interested in studying advanced scientific subjects, foreign languages, and other academic subjects which are not taught in the local schools or which can be provided more effectively on a centralized basis, or for persons who are handicapped or of preschool age;

(E) making available modern educational equipment and specially qualified personnel, in

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cluding artists and musicians, on a temporary basis for the benefit of children in public and other nonprofit schools, organizations, and institutions;

(F) developing, producing, and transmitting radio and television programs for classroom and other educational use;

(G) in the case of any local educational agency which is making a reasonable tax effort but which is nevertheless unable to meet critical educational needs (including preschool education), because some or all of its schools are seriously overcrowded, obsolete, or unsafe, initiating and carrying out programs or projects designed to meet those needs, particularly those which will result in more effective use of existing facilities;

(H) providing special educational and related services for persons who are in or from rural areas or who are or have been otherwise isolated from normal educational opportunities, including, where appropriate, the provision of mobile educational services and equipment, special home study courses, radio, television, and related forms of instruction, bilingual education methods and visiting teachers' programs;

(I) encouraging community involvement in educational programs;

(J) providing programs for gifted and talented children; and

(K) other specially designed educational programs or projects which meet the purposes of this subchapter; and

SUBCHAPTER III.-STRENGTHENING STATE AND LOCAL EDUCATIONAL AGENCIES PART A.-GRANTS TO STRENGTHENING STATE DEPARTMENTS OF EDUCATION

§ 863. Grants from apportioned funds; programs and activities covered.

From the amount apportioned to any State for any fiscal year under section 862 of this title the Commissioner may, upon approval of an application or applications therefor submitted to him by such State through the State educational agency, make a grant or grants to such agency equal to the expenditures incurred by such agency for the planning of, and for programs for, the development, improvement, or expansion of activities promoting the purposes set forth in section 861(a) of this title and more particularly described in such application and for which such application is approved, such as—

(4) programs for conducting, sponsoring, or cooperating in educational research and demonstration programs and projects such as (A) the development in elementary and secondary schools