employment shall require that at least half of the time of such instruction be given to practical work on a useful or productive basis, such instruction to extend over not less than nine months per year and not less than thirty hours per week; that at least one-third of the sum appropriated to any State for the salaries of teachers of trade, home economics, and industrial subjects shall, if expended, be applied to part-time schools or classes for workers over fourteen years of age who have entered upon employment, and such subjects in a part-time school or class may mean any subject given to enlarge the civic or vocational intelligence of such workers over fourteen and less than eighteen years of age; that such part-time schools or classes shall provide for not less than one hundred and forty-four hours of classroom instruction per year; that evening industrial schools shall fix the age of sixteen years as a minimum entrance requirement and shall confine instruction to that which is supplemental to the daily employment; that the teachers of any trade or industrial subject in any State shall have at least the minimum qualifications for teachers of such subject determined upon for such State by the State board, with the, approval of the Federal Board for Vocational Education: Provided, That for cities and towns of less than twenty-five thousand population, according to the last preceding United States census, the State board, with the approval of the Federal Board for Vocational Education, may modify the conditions as to the length of course and hours of instruction per week for schools and classes giving instruction to those who have not entered upon employment, in order to meet the particular needs of such cities and towns.

[SEC. 12. That in order for any State to receive the benefits of the appropriation in this Act for the training of teachers, supervisors, or directors of agricultural subjects, or of teachers of trade, industrial, or home economics subjects, the State board of such State shall provide in its plan for such training that the same shall be carried out under the supervision of the State board; that such training shall be given in schools or classes under public supervision or control; that such training shall be given only to persons who have had adequate vocational experience or contact in the line of work for which they are preparing themselves as teachers, supervisors, or directors, or who are acquiring such experience or contact as a part of their training; and that the State board, with the approval of the Federal board, shall establish minimum requirements for such experience or contact for teachers, supervisors, or directors of agricultural subjects and for teachers of trade, industrial, and home economics subjects; that not more than sixty per centum nor less than twenty per centum of the money appropriated under this Act for the training of teachers of Vocational subjects to any State for any year shall be expended for any one of the following purposes: For the preparation of teachers, supervisors, or directors of agricultural subjects, or the preparation of teachers of trade and industrial subjects, or the preparation of teachers of home economics subjects.

[SEC. 13. That in order to secure the benefits of the appropriations for the salaries of teachers, supervisors, or directors of agricultural subjects, or for the salaries of teachers of trade, home economics, and industrial subjects, or for the training of teachers as herein provided, any State shall, through the legislative authority thereof, appoint as custodian for said appropriations its State treasurer, who shall receive

and provide for the proper custody and disbursements of all money paid to the State from said appropriations.

[SEC. 14. That the Federal Board for Vocational Education shall annually ascertain whether the several States are using, or are prepared to use, the money received by them in accordance with the provisions of this Act. On or before the first day of January of each year the Federal Board for Vocational Education shall certify to the Secretary of the Treasury each State which has accepted the provisions of this Act and complied therewith, certifying the amounts which each State is entitled to receive under the provisions of this Act. Upon such certification the Secretary of the Treasury shall pay quarterly to the custodian for vocational education of each State the moneys to which it is entitled under the provisions of this Act. The moneys so received by the custodian for vocational education for any State shall be paid out on the requisition of the State board as reimbursement for expenditures already incurred to such schools as are approved by said State board and are entitled to receive such moneys under the provisions of this Act.

[SEC. 15. That whenever any portion of the fund annually allotted to any State has not been expended for the purpose provided for in this Act, a sum equal to such portions shall be deducted by the Federal board from the next succeeding annual allotment from such fund to such State.

[SEC. 16. That the Federal Board for Vocational Education may withhold the allotment of moneys to any State whenever it shall be determined that such moneys are not being expended for the purposes and under the conditions of this Act. If any allotment is withheld from any State, the State board of such State may appeal to the Congress of the United States, and if the Congress shall not direct such sum to be paid it shall be covered into the Treasury.

[SEC. 17. That if any portion of the moneys received by the custodian for vocational education of any State under this Act, for any given purpose named in this Act, shall, by any action or contingency, be diminished or lost, it shall be replaced by such State, and until so replaced no subsequent appropriation of such education shall be paid to such State. No portion of any moneys appropriated under this Act for the benefit of the States shall be applied, directly or indirectly, to the purchase, erection, preservation, or repair of any building or buildings or equipment, or for the purchase or rental of lands, or for the support of any religious or privately owned or conducted school or college.

[SEC. 18. That the Federal Board for Vocational Education shall make an annual report to Congress, on or before December first, on the administration of this Act and shall include in such report the reports made by the State boards on the administration of this Act by each State and the expenditures of the money allotted to each State.]

Vocational Education Act of 1946 1

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

[TITLE I-VOCATIONAL EDUCATION IN AGRICULTURE, HOME ECONOMICS, TRADES AND INDUSTRY, AND DISTRIBUTIVE OCCUPATIONS1

[SHORT TITLE

[SECTION 1. This title may be cited as the "Vocational Education Act of 1946."

[DEFINITIONS

[SEC. 2. As used in this title

[(1) the term "States and Territories" means the several States, the island of Puerto Rico, and the District of Columbia: [(2) the terms "State plan" and "State board" shall have the meaning which said terms have in the Smith-Hughes Vocational Education Act; and

[(3) the term "Smith-Hughes Vocational Education Act" means the Act approved February 23, 1917 (39 Stat. 929, ch. 114).

[AUTHORIZATION FOR APPROPRIATIONS FOR VOCATIONAL EDUCATION

[SEC. 3. (a) For the purpose of assisting the several States and Territories in the further development of vocational education, there is authorized to be appropriated for the fiscal year beginning July 1, 1946, and annually thereafter

[(1) $10,000,000 for vocational education in agriculture, including supervision by the vocational agriculture teachers of the activities, related to vocational education in agriculture, of the Future Farmers of America, and the New Farmers of America, to be apportioned for expenditures in the several States and Territories in the proportion that their farm population bears to the total farm population of the States and Territories, according to the last preceding United States census;

[(2) $8,000,000 for vocational education in home economics, to be apportioned for expenditure in the several States and Territories in the proportion that their rural population bears to the total rural population of the States and Territories, according to the last preceding United States census;

[(3) $8,000,000 for vocational education in trades and industry, to be apportioned for expenditure in the several States and Territories in the proportion that their nonfarm population bears to the total nonfarm population of the States and Territories, according to the last preceding United States census;

[(4) $2,500,000 for vocational education in distributive occupations, to be apportioned for expenditure in the several States and Territories in the proportion that their total population bears to the total population of the States and Territories, according to the last preceding United States census;

1 Repeal effective July 1, 1969.

[(5) $375,000 for vocational education in the fishery trades and industry and distributive occupations therein, to be apportioned for expenditure in the several States and Territories on an equitable basis, as determined by the United States Commissioner of Education after consultation with the Secretary of the Interior, taking into account the extent of the fishing industry of each State and Territory as compared with the total fishing industry of the United States (including Territories).

[(b) The funds appropriated under authority of paragraphs (1) to (5), inclusive, of subsection (a) of this section may be used for assisting the several States and Territories, for the purposes therein specified, is the maintenance of adequate programs of administration, supervision, and teacher-training; for salaries and necessary travel expenses of teachers, teacher-trainers, vocational counselors, supervisors and directors of vocational education and vocational guidance; for securing necessary educational information and data as a basis for the proper development of programs of vocational education and vocational guidance; for training and work-experience training programs for out-of-school youths; for training programs for apprentices; for purchase or rent of equipment and supplies for vocational instruction: Provided, That all expenditures for the purposes as set forth in this section shall be made in accordance with the State plan for Vocational education.

[(c) Notwithstanding the provisions of subsection (a), the amount to be available for expenditure in any State or Territory shall not be less, for any fiscal year, than $40,000 each for vocational education in agriculture, in home economics, and in trades and industry; $15,000 for vocational education in distributive occupations and there is hereby authorized to be appropriated for the fiscal year beginning July 1, 1946, and annually thereafter, such additional sums as may be needed for the purpose of providing such minimum amounts.

[REQUIREMENTS AS TO MATCHING OF FUNDS

[SEC. 4. The several States and Territories, in order to receive the benefits of this title, shall be required to match by State and local funds or both 100 per centum of the appropriations made under authority of section 3.

[MAKING OF PAYMENTS

[SEC. 5. The Secretary of the Treasury, through the Fiscal Service of the Treasury Department, shall, upon the certification of the United States Commissioner of Education, pay, in equal semiannual payments, on the first day of July and January of each year, to the custodian for vocational education of each State and Territory designated in the Smith-Hughes Vocational Education Act, the moneys to which the State or Territory is entitled under the provisions of this title.

[AVAILABILITY OF FUNDS FOR SALARY AND EXPENSES OF STATE

DIRECTORS

[SEC. 6. Funds appropriated under authority of section 3 shall be available, on a prorated basis determined by the State board, for the

salary and necessary travel expenses of a State director of vocational education selected by the State board, in accordance with the requirements of the State plan, on the basis of his technical and professional qualifications including experience in vocational education.

[APPLICABILITY OF SMITH-HUGHES VOCATIONAL EDUCATION ACT

[SEC. 7. The appropriations made under authority of this title shall be in addition to, and shall be subject to the same conditions and limitations as, the appropriations made to carry out the Smith-Hughes Vocational Education Act: except that (1) the appropriations made under authority of this title for home economics shall be subject to the conditions and limitations applicable to the appropriation for agricultural purposes under the Smith-Hughes Vocational Education Act, with the exception of that part of section 10 thereof which requires directed or supervised practice for at least six months per year; (2) such moneys as are provided under authority of this title for trade and industrial subjects, and public and other service occupations, may be expended for part-time classes operated for less than one hundred and forty-four hours per year; (3) the provisions of section 11 of the Smith-Hughes Vocational Educational Act, requiring at least one-third of the sum appropriated to any State to be expended for part-time schools or classes shall be held to include any part-time day-school classes for workers sixteen years of age and over, and evening-school classes for workers sixteen years of age and over; (4) the appropriations made by this title for distributive occupational subjects shall be limited to part-time and evening schools as provided in the SmithHughes Vocational Education Act, for trade, home economics, and industrial subjects and is qualified by the provisions of this section; (5) preemployment schools and classes organized for persons over eighteen years of age of who have left the full-time school may be operated for less than nine months per year and less than thirty hours per week and without the requirement that a minimum of 50 per centum of the time must be given to shop work on a useful or productive basis, and (6) the appropriations available under section 9 of this title shall be available for expenses of attendance at meetings of educational associations and other organizations and for expenses of conferees called to meet in the District of Columbia or elsewhere, which in the opinion of the Commissioner, are necessary for the efficient discharge of the provisions of this title.

[RESTRICTIONS AND CONDITIONS

[SEC. 8. (a) No part of the appropriations made under authority of this title shall be expended in industrial-plant training programs, except such industrial-plant training be bona fide vocational training, and not a device to utilize the services of vocational trainees for private profit.

[(b) After June 30, 1951, not more than 10 per centum of the amount appropriated for each of the purposes specified in section 3(a) shall be used for the purchase or acquisition of equipment.

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