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H.R. 5901 (94th): Education Division and Related Agencies Appropriation Act

The text of the bill below is as of Sep 10, 1975 (Passed Congress).


89 STAT. 468                          PUBLIC LAW 9 4 - 9 4 — S E P T . 10, 1975

                    Public Law 94-94
                    94th Congress
                                                      An Act
 Sept. 10. 1975     Making appropriations for the Education Division and related agencies, for the
  [H.R. 5901]         fiscal year ending June 30, 1976, and the period ending September 30, 1976, and
                     for other purposes.

                      Be it enacted hy the Senate mid House of Bepresentatives         of the
Education           United /States of America in Congress assembled, T h a t the following
Division and        8ums are appropriated, out of any money in the Treasury not other-
Related Agencies    wise appropriated, for the Education Division and related agencies,
Appropriation
Act, 1976.          for the fiscal year ending J u n e 30,1976, and the period ending Septem-
                    ber 30, 1976, and for other purposes, n a m e l y :

                                     TITLE I—EDUCATION DIVISION

                                               O F F I C E OF EDUCATION

                                     ELEMENTARY AND SECONDARY EDUCATION

                      F o r carrying out, to the extent not otherwise provided, title I , p a r t
                    A ($2,023,981,000), title I , p a r t B ($24,769,000), title I V , p a r t C
                    ($172,888,000), a n d title V I I of the Elementary and Secondary E d u -
20 u s e 241c,      cation Act ($97,770,000); title V I I of the Education Amendments of
241d, 1831,         1974; t h e Environmental Education Act ($3,000,000); section 417(a)
880b.               (2) of the General Education Provisions A c t ; p a r t J of t h e Vocational
20 u s e 1901; 20   Education A c t ; p a r t I V of title I I I of the Communications Act of
u s e 1531 note.    1934; the Alcohol a n d D r u g Abuse Education A c t ; and p a r t B of
20 u s e 1226c.
20 u s e 1393.      the Headstart-Follow T h r o u g h A c t ($59,000,000), $2,414,158,000, of
47 u s e 390.       which $12,500,000 shall be for educational broadcasting facilities and
21 u s e 1001       shall remain available until expended: Provided, T h a t of t h e amounts
note.               appropriated above the following amounts shall become available for
42 u s e 2929.      obligation on J u l y 1, 1976, and shall remain available until Septem-
                    ber 30, 1977: title I , p a r t A ($2,023,981,000), title I , part B
                    ($24,769,000), title I V , p a r t C ($172,888,000) of the Elementary and
                    Secondary Education Act and section 417(a) (2) of the General E d u -
                    cation Provisions Act ($1,250,000) : Provided further, T h a t amounts
                    appropriated for carrying out title I of the Elementary and Secondary
20 u s e 241a.      Education Act in the fiscal year 1976, shall be available for carrying
20 u s e 241c       out section 822 of Public L a w 93-380. F o r carrying out title I V of
note.               the Elementary and Secondary Education Act an additional
20 u s e 1801.      $11,633,852 for fiscal year 1977: Provided, T h a t none of such funds
                    may be paid to any State for which the allocation for fiscal year 1977
                    exceeds t h e allocation for comparable purposes for fiscal year 1974.

                                SCHOOL ASSISTANCE I N FEDERALLY AFFECTED AREAS

                      F o r carrying out title I of the Act of Septem'ber 30,1950, as amended
20 u s e 236 et     (20 U.S.C., ch. 13), $660,000,000 of which $46,000,000 shall be for
seq.                payments under section 6, $603,000,000 shall be for payments under
20 u s e 241.       sections 2, 3, and 4 in accordance with subsection 5(c) of said Act, and
20 u s e 237,       $11,000,000 shall be for payments under s u b p a r a g r a p h s ( B ) and (C)
238, 239, 240.      of section 305 of the Education Amendments of 1974. F o r carrying out
20 u s e 238.
20 u s e 631 et     the Act of September 23, 1950, as amended (20 U . S . C , ch. 19),
seq.

PUBLIC LAW 94-94—SEPT. 10, 1975 89 STAT. 469 $20,000,000, which shall remain available until expended, shall be for providing school facilities as authorized by said Act of September 23, 1950: Provided, That, with the exception of up to $5,000,000 for repairs for facilities constructed under section 10, none of the funds contained 20 use 640. herein for providing school facilities shall be available to pay for any other section of the Act of September 23,1950, until payment has been made of 100 per centum of the amounts payable under section 5 and subsections 14(a) and 14(b) : Provided further, That of the funds 20 use 635, provided herein for carrying out the Act of September 23, 1950, no 644. more than 47.5 per centum may be used to fund section 5 of said Act: Provided further, That the Commissioner of Education is hereby authorized to provide amounts necessary to meet the costs of providing increased school facilities in communities located near the Trident Support Site, Bangor, Washington; notwithstanding section 421A (c) (2) (A) of the General Education Provisions Act, the Commis- 20 use 1231. sioner is authorized to approve applications for funds for this purpose on such terms and conditions as he may reasonably require without regard to any provision in law. For "School assistance in federally affected areas" for the period July 1,1976, through September 30,1976, $70,000,000. EMERGENCY SCHOOL AID For carrying out title IV of the Civil Rights Act of 1964 and the 42 use 2000c. Emei-gency School Aid Act, $241,700,000. For carrying out title IV of 20 use 1601 the Civil Rights Act of 1964 and the Emergency School Aid Act, for note. the period July 1, 1976, through September 30, 1976, $325,000. EDUCATION FOR T H E HANDICAPPED For carrying out, to the extent not otherwise provided, the Educa- tion of the Handicapped Act, $236,375,000: Provided, That of this 20 use 1401 amount, $110,000,000 for part B shall become available for obligation note. on July 1, 1976, and shall remain available until September 30, 1977. For "Education for the handicapped" for the period July 1, 1976, through September 30, 1976, $10,500,000. OCCUPATIONAL, VOCATIONAL, AND ADULT EDUCATION For carrying out, to the extent not otherwise provided, section 102 (b) ($20,000,000), parts B and C ($433,529,100), D, F ($40,994,000), G ($19,500,000), H ($9,849,000) and I of the Vocational Education Act of 1963, as amended (20 U.S.C. 1241-1391), and parts B-1, D, and F of the Education Professions Development Act, and the Adult 20 use 1101, Education Act of 1966, $669,650,100, including $16,000,000 for exem- 1119, 1119c. plary programs under part D of said 1963 Act of which 50 per centum 20 use 1201 shall remain available until expended and 50 per centum shall remain note. available throug'h June 30, 1977, and not to exceed $18,000,000 for 20 use 1301. research and training under part C of said 1963 Act: Provided, That 20 USC 1281 of this amount $71,500,000 for the Adult Education Act shall become available for obligation on July 1, 1976, and shall remain available until September 30, 1977. For "Occupational, vocational, and adult education" for the period July 1, 1976, through September 30, 1976, $151,000,000. H I G H E R EDUCATION For carrying out, to the extent not otherwise provided, titles I, I I I , IV, and parts A, B, C, and D of title I X and section 1203 of the Higher Education Act, the Emergency Insured Student Loan Act of 1969, 20 use 1001, 1051, 1070, 1134, 1134d, 1134i, 1134n, 1142b.
89 STAT. 470 PUBLIC LAW 9 4 - 9 4 — S E P T . 10, 1975 20 u s e 1078a as amended, section 207 a n d title V I of the National Defense Education note. Act, the Mutual Educational and Cultural Exchange A c t of 1961, 20 u s e 427, section 22 of the A c t of J u n e 29, 1935, as amended (7 U.S.C. 329), 511. section 421 of the General Education Provisions Act, title I X of t h e 22 u s e 2451 Elementary and Secondary Education Act, a n d Public L a w 92-506, note. 20 u s e 1230. $2,439,309,000, of which $240,093,000 for supplemental educational 20 u s e 900. opportunity g r a n t s and amounts available for work-study g r a n t s and 86 Stat. 907. for incentive g r a n t s shall remain available t h r o u g h September 30,1977, $23,750,000 shall be for veterans cost-of-instruction payments to insti- tutions of higher education, $715,000,000 shall be for basic opportunity g r a n t s (including not to exceed $11,500,000 for administrative expenses) of which $703,500,000 shall remain available t h r o u g h Sep- tember 30, 1977, a n d $452,000,000 for subsidies on guaranteed student loans shall remain available until expended. F o r " H i g h e r education" for t h e period J u l y 1,1976, t h r o u g h September 30,1976, $124,000,000, to remain available until expended. LIBRARY RESOURCES F o r carrying out, to the extent not otherwise provided, titles I ($49,155,000) and I I I ($2,594,000) of t h e L i b r a r y Services a n d Con- 20 u s e 352, struction A c t (20 U . S . C , ch. 1 6 ) ; titles I I a n d V I ($7,500,000) of t h e 355e. H i g h e r Education A c t ; and title I V , p a r t B ($147,330,000) of t h e Ele- 20 u s e 1021, mentary a n d Secondary Education Act, $218,054,000: Provided, T h a t 20 u s e 1821 ^^® amount appropriated above for title I V , p a r t B of t h e Elementary a n d Secondary Education A c t shall become available for obligation on J u l y 1,1976, a n d shall remain available until September 30,1977. INNOVATIVE AND EXPERIMENTAL PROGRAMS 20 u s e 1851 F o r carrying out t h e Special Projects A c t (Public L a w 93-380), note. $36,893,000. EDUCATIONAL ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM) For payments in foreign currencies which the Treasury Depart- ment determines to be excess to the normal requirements of the United States, for necessary expenses of the Office of Education, as authorized by law, $2,000,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropria- tions to such office, for payments in the foregoing currencies. For "Educational activities overseas (special foreign currency pro- gram)" for the period July 1, 1976, through September 30, 1976, $200,000, to remain available until expended. SALARIES AND EXPENSES F o r carrying out, to t h e extent n o t otherwise provided, t h e General 20 u s e 1221. Education Provisions A c t , a n d t h e Education Amendments of 1974, 20 u s e 821 note, including rental of conference rooms i n the District of Columbia, $105,224,000. F o r "Salaries a n d expenses" for t h e period J u l y 1, 1976, t h r o u g h September 30,1976, $24,643,000. STUDENT LOAN INSURANCE FUND For the Student Loan Insurance Fund authorized by the Higher 20 use 1001 Education Act of 1965, $201,787,000, to remain available until "0*6- expended.
PUBLIC LAW 94-94—SEPT. 10, 1975 89 STAT. 471 For the "Student Loan Insurance Fund" for the period July 1,1976, through September 30, 1976, $30,000,000, to remain available until expended. HIGHER EDUCATION FACILITIES LOAN AND INSURANCE FUND For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interest or participations in assets of the Office of Education authorized by the Department of Health, Education, and Welfare Appropriation Act, 1968, to be issued 81 Stat. 386. pursuant to section 302(c) of the Federal National Mortgage Associ- ation Charter Act (12 U.S.C. 1717(c)), $2,192,000, to remain avail- able until expended, and the Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Higher Education Facilities Loan and Insurance Fund, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 849) as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such fund. For "Higher Education Facilities Loan and Insurance Fund" for the period July 1, 1976, through September 30, 1976, for the pay- ment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interest or participations in assets of the Office of Education authorized by the Department of Health, Education, and Welfare Appropriation Act, 1968, to be issued pur- suant to section 302(c) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(c)), $548,000, to remain available until expended, and the Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Higher Education Facilities Loan and Insurance Fund, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 849) as may be necessary in carrying out the program for the current fiscal period for such fund. NATIONAL INSTITUTE or EDUCATION NATIONAL INSTITUTE or EDUCATION For carrying out section 405 of the General Education Provisions Act, including rental of conference rooms in the District of Columbia, 20 USC 122 le. $70,000,000, of which up to $30,000,000 shall be made available by the Institute to the educational laboratories and research and development centers: Provided, That none of the funds appropriated under this heading may be used to award a grant or contract to any educational laboratory, research and development center, or any other project if any employee of said laboratory, center, or project is compensated, directly or indirectly, in whole or in part from Federal funds at an annual salary in excess of the salary paid to the U.S. Commissioner of Education or the Director of the National Institute of Education. For "National Institute of Education" for the period July 1, 1976, through September 30,1976, $20,000,000.
89 STAT. 472 PUBLIC LAW 94-94—SEPT. 10, 1975 OFFICE OF THE ASSISTANT SECRETARY FOR EDUCATION SALARIES AND EXPENSES For necessary expenses to carry out sections 402, 404, and 406 of the 20 use 1221b, General Education Provisions Act, $32,500,000, of which not to exceed 1221d, 1221e-l. $1,500 may be for official reception and representation expenses. For "Salaries and expenses" for the period July 1, 1976, through September 30,1976, $5,599,000, of which not to exceed $400 may be for official reception and representation expenses. T I T L E II—EELATED AGENCIES AMERICAN P R I N T I N G HOUSE FOR T H E BLIND For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101-105), $2,408,000. For "American Printing House for the Blind" for the period July 1, 1976, through September 30, 1976, $602,000. NATIONAL TECHNICAL I N S T I T U T E FOR T H E DEAF For carrying out the National Technical Institute for the Deaf Act (20 U.S.C. 681, et seq.), $9,836,000. For "National Technical Institute for the Deaf" for the period July 1, 1976, through September 30, 1976, $2,932,000. GALLAUDET COLLEGE For carrying out the Model Secondary School for the Deaf Act (80 Stat. 1027) and for the partial support of Gallaudet College 68 Stat. 265. authorized by the Act of June 18,1954, $22,435,000, of which $2,255,000 shall be for construction and shall remain available until expended: Provided^ That if requested by the college, such construction shall be supervised by the General Services Administration. For "Gallaudet College" for the period July 1, 1976, through Sep- tember 30, 1976, $5,606,000. HOWARD UNIVERSITY For the partial support of Howard University, $84,158,000, of which $10,000,000 shall be for construction and shall remain available until expended: Provided^ That if requested by the university, such con- struction shall be supervised by the General Services Administration. For "Howard University" for the period July 1,1976, through Sep- tember 30,1976, $18,728,000. T I T L E III—GENERAL PROVISIONS Experts and SEC. 301, Appropriations contained in this Act, available for salaries consultants. and expenses, shall be available for services as authorized by 5 U.S.C 3109 but at rates for individuals not to exceed the per diem rate 5 use 5332 note, equivalent to the rate for GS-18. SEC. 302. Appropriations contained in this Act available for sal- aries and expenses shall be available for expenses of attendance at meet- ings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities.
PUBLIC LAW 94-94—SEPT. 10, 1975 89 STAT. 473 SEC. 303. No part of any appropriation contained in this Act shall Fiscal year remain available for obligation beyond the current fiscal year unless limitation. expressly so provided herein except as provided in action 204 of Pub- lic Law 93-554. 88 Stat. 1784. SEC. 304. No part of any appropriation contained in this Act shall Restrictions. be used to finance any Civil Service Interagency Board of Examiners. SEC. 305. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution. SEC. 306. The Secretary of Health, Education, and Welfare is Transfer of funds. authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Providedn^ That such transferred balances are used for the same purpose, and for the same periods of time, for which they were orig- inally appropriated. SEC. 307. Funds contained in this Act used to pay for contract serv- Fiscal year ices by profitmaking consultant firms or to support consultant appoint- limitation. ments shall not exceed the fiscal year 1973 level: Provided^ That Report to obligations made from funds contained in this Act for consultant fees Congress. and services to any individual or group of consulting firms on any one project in excess of $25,000 shall be reported to the Senate and House of Representatives at least twice annually. SEC. 308. No part of any appropriation contained in this Act shall Funds restriction. be used, other than ior normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the prepara- tion, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. SEC. 309. No part of any appropriation contained in this Act shall Standard level be Available for paying to the Administrator of the General Services user charges, Administration m excess of 90 percent of the standard level user limitation. charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and 40 u s e 490. services. SEC. 310. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount equal to as much as the entire cost of such project. SEC. 311. None of the funds contained in this Act shall be used for Research grants. any activity the purpose of which is to require any recipient of any project grant for research, training, or demonstration made by any
89 STAT. 474 PUBLIC LAW 94-94—SEPT. 10, 1975 officer or employee of the Department of Health, Education, and Wel- fare to pay to the United States any portion of any interest or other income earned on payments of such grant made before July 1,1964; nor shall any of the funds contained in this Act be used for any activ- ity the purpose of which is to require payment to the United States of any portion of any interest or other income earned on payments made before July 1,1964, to the American Printing House for the Blind. Audit. SEC. 312. Funds appropriated in this Act to the Ajnerican Printing House for the Blind, Howard University, the National Technical Institute for the Deaf, and Gallaudet College shall be awarded to these institutions in the form of lump-sum grants and expenditures made therefrom shall be subject to audit by the Secretary of Health, Education, and Welfare. Federal positions SEC. 313. None of the funds contained in this Act shall be available in Washington for additional permanent Federal positions in the Washington area if the proportion of additional positions in the Washington area in relation to the total new positions is allowed to exceed the proportion existing at the close of fiscal year 1966. Forced student SEC. 314. No part of the funds contained in this Act may be used to busing. force any school or school district which is desegregated as that term is 42 u s e 2000c. defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to force on account of race, creed, or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particu- lar school over the protest of his or her parents or parent. SEC. 315. (a) No part of the funds contained in this Act shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force oh account of race, creed, or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district, or school. (b) No funds appropriated in this Act may be used for the transpor- tation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teach- ers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. Short title. This Act may be cited as the "Education Division and Related Agen- cies Appropriation Act, 1976". CARL ALBERT Speaker of the House of Representatives. RICHARD (DICK) STONE Acting President of the Senate pro tempore.
PUBLIC LAW 94-94—SEPT. 10, 1975 89 STAT. 475 IN THE HOUSE OF REPRESENTATIVES, U.S., September 9, 1975. The House of Representatives having proceeded to reconsider the bill (H.R. 5901) entitled "An Act making appropriations for the Education Division and related agencies, for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes", returned by the Presidejit of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Represen- tatives agreeing to pass the same. Attest: W. PAT JENNINGS Clerk. By Benjamin J. Guthrie Assistant to the Clerk. I certify that this Act originated in the House of Representatives. W. PAT JENNINGS Clerk. IN THE SENATE OF THE UNITED STATES, September 10, 1975. The Senate having proceeded to reconsider the bill (H.R. 5901) entitled "An Act making appropriations for the Education Division and related agencies, for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes", returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO Secretary.
89 STAT. 476 PUBLIC LAW 94-94—SEPT. 10, 1975 LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-142 (Comm. on Appropriations) and No. 94-347 (Comm. of Conference). SENATE REPORT No. 94-198 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 121 (1975): Apr. 16, July 16, 18, considered and passed House. June 27, July 17, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 30: July 25, vetoed; Presidential message. CONGRESSIONAL RECORD, Vol. 121 (1975): Sept. 9, House overrode veto. Sept. 10, Senate overrode veto.
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