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PART IV-EDUCATIONAL RESEARCH AND TRAINING

Cooperative Research Act (P.L. 531, 83rd Cong.), as Amended by Title IV of Public Law 89-10

AN ACT To authorize cooperative research in education

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

PURPOSE

SEC. 1. The purpose of this Act is to enable the Office of Education more effectively to accomplish the purposes and to perform the duties for which it was originally established.

(20 U.S.C. 331) Provision with similar authority enacted July 26, 1954, P.L 531, 83rd Cong., sec. 1(a), 68 Stat. 533. Enacted April 11, 1965, P.L. 89-10, Title IV, sec. 401, 79 Stat. 44, as sec. 1 of P.L. 531, 83rd Cong.

EDUCATIONAL RESEARCH AND RESEARCH TRAINING

SEC. 2. (a) (1) The Commissioner of Education (hereinafter in this Act referred to as the "Commissioner") is authorized to make grants to universities and colleges and other public or private agencies, institutions, and organizations and to individuals, for research, surveys, and demonstrations in the field of education (including programs described in section 503 (a) (4) of the Elementary and Secondary Education Act of 1965), and for the dissemination of information derived from educational research (including but not limited to information concerning promising educational practices developed under programs carried out under the Elementary and Secondary Education Act of 1965) and, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5), to provide by contracts or jointly financed cooperative arrangements with them for the conduct of such activities; except that no such grant may be made to a private agency, organization, or institution other than a nonprofit one.

(2) No grant shall be made or contract or jointly financed cooperative arrangement entered into under this subsection until the Commissioner has obtained the advice and recommendations of a panel of specialists who are not employees of the Federal Government and who are competent to evaluate the proposals as to the soundness of their design, the possibilities of securing productive results, the adequacy of resources to conduct the proposed research, surveys, or demonstrations, and their relationship to other similar educational research or dissemination programs already completed or in progress.

(b) (1) The Commissioner is authorized to make grants to universities and colleges and other public or private agencies, institutions,

and organizations to assist them in providing training in research in the field of education (including such research described in section 503 (a) (4) of the Elementary and Secondary Education Act of 1965), including the development and strengthening of training staff and curricular capability for such training, and, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5), to provide by contracts or jointly financed cooperative arrangements with them for the conduct of such activities; except that no such grant may be made to a private agency, organization, or institution other than a nonprofit one.

(2) Funds available to the Commissioner for grants or contracts or jointly financed cooperative arrangements under this subsection may, when so authorized by the Commissioner, also be used by the recipient (A) in establishing and maintaining research traineeships, internships, personnel exchanges, and pre- and post-doctoral fellowships, and for stipends and allowances (including traveling and subsistence expenses) for fellows and others undergoing training and their dependents not in excess of such maximum amounts as may be prescribed by the Commissioner, or (B) where the recipient is a State educational agency, in providing for such traineeships, internships, personnel exchanges, and fellowships either directly or through arrangements with public or other nonprofit institutions or organizations.

(3) No grant shall be made or contract or jointly financed cooperative arrangement entered into under this subsection for training in sectarian instruction, or for work to be done in an institution, or a department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects.

(4) Prior to January 31, 1968, the Commissioner shall make a complete report to the Congress with respect to contracts and other arrangements made pursuant to this subsection with private organizations, including benefits received from such contracts and arrangements, and the Commissioner's recommendations with respect to the continuation of the authority to make such contracts and arrangements with private organizations.

(c) In addition to the authority granted by section 603 (b) of the Elementary and Secondary Education Act of 1965, funds available to the Commissioner for grants or contracts or jointly financed cooperative arrangements under this section shall, with the approval of the Secretary, be available for transfer to any other Federal agency for use (in accordance with an interagency agreement) by such agency (alone or in combination with funds of that agency) for purposes for which such transferred funds could be otherwise expended by the Commissioner under the foregoing provisions of this section, and the Commissioner is likewise authorized to accept and expend funds of any other Federal agency for use under this section.

(d) The Commissioner shall transmit to the Congress annually a report concerning the research, surveys, and demonstrations, the information disseminating activities, and the training in research initiated under this Act, the recommendations made by research spe

calists pursuant to subsection (a) (2), and any action taken with respect to such recommendations.

(20 U.S.C. 331a) Provisions with similar authority enacted July 26, 1954, P.L. 531, 83rd Cong., sec. 1, 68 Stat. 533. Enacted April 11, 1965, P.L. 89-10, Title IV, sec. 401, 79 Stat. 44, as sec. 2 of P.L. 531, 83rd Cong.; amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 141, 80 Stat. 1202.

SEC. 3. There are hereby authorized to be appropriated annually to the Office of Education, Department of Health, Education, and Welfare, such sums as the Congress determines to be necessary to carry out the purposes of section 2.

(20 U.S.C. 332) Enacted July 26, 1954, P.L. 531, 83rd Cong., sec. 2, 68 Stat. 533; redesignated as sec. 3 and amended April 11, 1965, P.L. 89-10, Title IV, secs. 401-402, 79 Stat. 44, 46.

CONSTRUCTION OF REGIONAL FACILITIES FOR RESEARCH AND RELATED PURPOSES

SEC. 4. (a) There is authorized to be appropriated over a period of five fiscal years beginning with the fiscal year ending June 30, 1966, $100,000,000 in the aggregate, to enable the Commissioner to carry out the purposes of this section. Sums so appropriated shall remain available until expended for payments with respect to projects for which applications have been filed under this section before July 1, 1970, and approved by the Commissioner before July 1, 1971.

(b) Whenever the Commissioner finds that the purposes of this Act can best be achieved through the construction of a facility for research, or for research and related purposes (as defined in this section), and that such facility would be of particular value to the Nation or a region thereof as a national or regional resource for research or related purposes, he he may make a grant for part or all of the cost of constructing such facility to a university, college, or other appropriate public or nonprofit private agency or institution competent to engage in the types of activity for which the facility is to be constructed, or to a combination of such agencies or institutions, or may construct or make arrangements for constructing such facility through contracts for paying part or all of the cost of construction or otherwise. Title to any facility constructed under this section, if vested in the United States, may be transferred by the Commissioner on behalf of the United States to any such college or university or other public or nonprofit private agency or institution, but such transfer shall be made subject to the condition that the facility will be operated for the purposes for which it was constructed and to such other conditions as the Commissioner deems necessary to carry out the objectives of this title and to protect the interests of the United States.

(c) All laborers and mechanics employed by contractors or subcontractors in the performance of work on construction of any project under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this clause, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15), and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

(d) Payments under this section shall be made in advance or by way of reimbursement, in such installments consistent with construction progress, and on such conditions as the Commissioner may determine.

(e) As used in this section, the term "research and related purposes' means research, research training, surveys, or demonstrations in the field of education, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental schools, except that such term does not include research, research training, surveys, or demonstrations in the field of sectarian instruction or the dissemination of information derived therefrom.

(20 U.S.C. 332a) Enacted April 11, 1965, P.L. 89-10, Title IV, sec. 403, 79 Stat. 46; amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 142, 80 Stat. 1203.

SEC. 5. As used in this Act

DEFINITIONS

(1) 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, and the Virgin Islands.

(2) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(3) The term "nonprofit" as applied to any agency, organization, or institution means an agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(4) The terms "construction" and "cost of construction" include (A) the construction of new buildings, and the acquisition, expansion, remodeling, replacement and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land (except in the case of acquisition of an existing building) or off-site improvements, and (B) equipping new buildings and existing buildings, whether or not acquired, expanded, remodeled, or altered.

(20 U.S.C. 332b) Enacted April 11, 1965, P.L. 89-10, Title IV, sec. 403, 79 Stat. 47; amended Nov. 3, 1966, P.L. 89–750, Title I, sec. 143, 80 Stat.

SHORT TITLE

SEC. 6. This Act may be cited as the "Cooperative Research Act". LEGISLATIVE HISTORY

(P.L. 531, 83rd Cong.)

House Reports No. 1565 (Committee on Education and Labor) and No. 2287 (Committee on conference).

Senate Report No. 1596 (Committee on Labor and Public Welfare).

Congressional Record, 1954:

May 12: Passed House.

June 17: Passed Senate.

July 21: House agreed to conference report.

July 19: Senate agreed to conference report.

Approved: July 26, 1954.

(P.L. 89-10)

House Report 143 (Committee on Education and Labor).

Senate Report 146 (Committee on Labor and Public Welfare).
Congressional Record, volume 111 (1965):

March 24-25: Considered in House.

March 26: Considered and passed House.
April 6-8: Considered in Senate.

April 9: Considered and passed Senate.

(P.L. 89-750)

House Reports: No. 1814, 1814 pt. II (Committee on Education and Labor) and No. 2309 (Committee of conference).

Senate Report No. 1674 accompanying S. 3046 (Committee on Labor and Public Welfare).

Congressional Record, volume 112 (1966):

October 5: Considered in House.

October 6: Considered and passed House.

October 5, 6: S. 3046 considered and passed Senate.

October 7: Considered and passed Senate, amended, in lieu of S. 3046.
October 19: Senate agreed to conference report.

October 20: House agreed to conference report.

National Defense Education Act of 1958

(P.L. 85-864)

An ACT To strengthen the national defense and to encourage and assist in the expansion and improvement of educational programs to meet critical national needs; and for other purposes

Title VII-Research and Experimentation in More Effective Utilization of Television, Radio, Motion Pictures, and Related Media for Educational Purposes

PART A-RESEARCH AND EXPERIMENTATION

FUNCTIONS OF THE COMMISSIONER

SEC. 701. In carrying out the provisions of this part the Commissioner, in cooperation with the Advisory Committee on New Educational Media (established by section 761), shall (through grants or contracts) conduct, assist, and foster research and experimentation in the development and evaluation of projects involving television, radio, motion pictures, printed and published materials, and related media of communication which may prove of value to State or local educational agencies in the operation of their public elementary or secondary schools, and to institutions of higher education, including the development of new and more effective techniques and methods

(1) for utilizing and adapting motion pictures, video tapes and other audiovisual aids, film strips, slides and other visual aids, recordings (including magnetic tapes) and other auditory aids, printed and published materials, and radio or television program scripts for such purposes;

(2) for training teachers to utilize such media with maximum effectiveness; and

(3) for presenting academic subject matter through such media. (20 U.S.C. 541) Enacted Sept. 2, 1958, P.L. 85-864, Title VII, sec. 701, 72 Stat. 1595; amended Dec. 18, 1963, P.L. 88-210, sec. 27 (a), 77 Stat. 419.

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