92nd Congress, S. 659 June 23, 1972 An Act To amend the Higher Education Act of 1965, the Vocational Education Act of 1963, the General Education Provisions Act (creating a National Foundation for Postsecondary Education and a National Institute of Education), the Elementary and Secondary Education Act of 1965, Public Law 874, Eighty-first Congress, and related Acts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Education Amendcited as the "Education Amendments of 1972". GENERAL PROVISIONS SEC. 2. (a) As used in this Act ments of 1972. 86 STAT 235 86 STAT.236 (1) the term "Secretary" means the Secretary of Health, Edu- "Secretary." cation, and Welfare; and (2) the term "Commissioner" means the Commissioner of "Commissioner." Education; unless the context requires another meaning. (b) Unless otherwise specified, the redesignation of a section, subsection, or other designation by any amendment in this Act shall include the redesignation of any reference to such section, subsection, or other designation in any Act or regulation, however styled. (c) (1) Unless otherwise specified, each provision of this Act and Effective each amendment made by this Act shall be effective after June 30, 1972, dates. and with respect to appropriations for the fiscal year ending June 30, 1973, and succeeding fiscal years. (2) Unless otherwise specified, in any case where an amendment made by this Act is to become effective after a date set herein, it shall be effective with the beginning of the day which immediately follows the date after which such amendment is effective. (3) In any case where the effective date for an amendment made by this Act is expressly stated to be effective after June 30, 1971, such amendment shall be deemed to have been enacted on July 1, 1971. TITLE I-HIGHER EDUCATION PART A-COMMUNITY SERVICE AND CONTINUING EDUCATION PROGRAMS EXTENSION OF AUTHORIZATION OF APPROPRIATIONS SEC. 101. (a) Section 101 of the Higher Education Act of 1965 is 79 Stat. 1219; amended by striking out all that follows "authorized to be appro- 82 Stat. 1035. priated" and inserting in lieu thereof the following: "$10,000,000 for 20 USC 1001. the fiscal year ending June 30, 1972, $30,000,000 for the fiscal year ending June 30, 1973, $40,000,000 for the fiscal year ending June 30, 1974, and $50,000,000 for the fiscal year ending June 30, 1975.”. (b) The amendment made by subsection (a) shall be effective after Effective June 30, 1971. SPECIAL PROGRAMS AND PROJECTS RELATING TO NATIONAL AND REGIONAL date. PROBLEMS SEC. 102. (a) (1) Sections 106, 107, 108, 109, 110, and 111 of the Higher Education Act of 1965, and all references thereto, are redesig- 20 USC 1006nated as sections 107, 108, 109, 110, 111, and 112, respectively. Title I 1011. of such Act is amended by inserting after section 105 the following 20 USC 1005. new section: 86 STAT. 237 Limitation. 79 Stat. 1219. 20 USC 1003. Effective date provisions. 20 USC 1001. National Advisory Council, authority. Report to "SPECIAL PROGRAMS AND PROJECTS RELATING TO NATIONAL AND REGIONAL PROBLEMS "SEC. 106. (a) The Commissioner is authorized to reserve from the sums appropriated pursuant to section 101 for any fiscal year an amount not in excess of 10 per centum of the sums so appropriated for that fiscal year for grants pursuant to subsection (b). "(b) (1) From the sums reserved under subsection (a), the Commissioner is authorized to make grants to, and contracts with, institutions of higher education (and combinations thereof) to assist them in carrying out special programs and projects, consistent with the purposes of this title, which are designed to seek solutions to national and regional problems relating to technological and social changes and environmental pollution. "(2) No grant or contract under this section shall exceed 90 per centum of the cost of the program or project for which application is made.". (2) Section 103 (a) of such title I is amended by striking out that part of the language which precedes ", the Commissioner" and by inserting in lieu thereof "From the sums appropriated pursuant to section 101 for any fiscal year which are not reserved under section 106(a)". (b) The amendments made by the second sentence of paragraph (1) of subsection (a) and by paragraph (2) of such subsection shall be effective after June 30, 1972, and then (1) only with respect to appropriations for title I of the Higher Education Act of 1965 for fiscal years beginning after June 30, 1972; and (2) only to the extent that the allotment to any State under section 103 (a) of such title is not less for any fiscal year than the allotment to that State under such section 103 (a) for the fiscal year ending June 30, 1972. EVALUATION OF ACTIVITIES SEC. 103. (a) During the period beginning with the date of enactment of this Act and ending July 1, 1974, the National Advisory Council on Extension and Continuing Education, hereafter in this section referred to as the National Advisory Council, shall conduct a review of the programs and projects carried out with assistance under title I of the Higher Education Act of 1965 prior to July 1, 1973. Such review shall include an evaluation of specific programs and projects with a view toward ascertaining which of them show, or have shown. (1) the greatest promise in achieving the purposes of such title, and (2) the greatest return for the resources devoted to them. Such review shall be carried out by direct evaluations by the National Advisory Council, by the use of other agencies, institutions, and groups, and by the use of independent appraisal units. (b) Not later than March 31, 1973, and March 31, 1975, the National Advisory Council shall submit to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives a report on the review conducted pursuant to subsection (a). Such report shall include (1) an evaluation of the program authorized by title I of the Higher Education Act of 1965 and of specific programs and projects assisted through payments under such title, (2) a description and an analysis of programs and projects which are determined to be most successful, and (3) recommendations with respect to the means by which the most successful programs and projects can be expanded and replicated. 86 STAT. 238 (c) Sums appropriated pursuant to section 401(c) of the General Education Provisions Act for the purposes of section 402 of such Act 84 Stat. 165. shall be available to carry out the purposes of this section. PART B COLLEGE LIBRARY PROGRAMS AUTHORIZATION OF APPROPRIATIONS 12 USC 1221. 12 USC 1222. SEC. 111. (a) (1) Section 201 of the Higher Education Act of 1965 is 79 Stat. 1224; amended by striking out "and" after "1970," and inserting in lieu 82 Stat. 1036. thereof "and $18,000,000 for the fiscal year ending June 30, 1972,". 20 USC 1021. (2) Section 221 of such Act is amended by striking out "and" after 20 USC 1031. "1970," and inserting in lieu thereof "and $12,000,000 for the fiscal year ending June 30, 1972,". (b) (1) Title II of the Higher Education Act of 1965 is amended by 79 Stat. 1224. striking out "PART A-COLLEGE LIBRARY RESOURCES" and by striking 20 USC 1021. out all of section 201 and inserting in lieu thereof the following: "COLLEGE LIBRARY PROGRAMS; TRAINING; RESEARCH "SEC. 201. (a) The Commissioner shall carry out a program of financial assistance "(1) to assist and encourage institutions of higher education in the acquisition of library resources, including law library resources, in accordance with part A; and "(2) to assist with and encourage research and training persons in librarianship, including law librarianship, in accordance with part B. Infra. Post, p. 239. (b) For the purpose of making grants under parts A and B, there Appropriations. are authorized to be appropriated $75,000,000 for the fiscal year ending June 30, 1973, $85,000,000 for the fiscal year ending June 30, 1974. and $100,000,000 for the fiscal year ending June 30, 1975. Of the sums appropriated pursuant to the preceding sentence for any fiscal year, 70 per centum shall be used for the purposes of part A and 30 per centum shall be used for the purposes of part B, except that the amount available for the purposes of part B for any fiscal year shall not be less than the amount appropriated for such purposes for the fiscal year ending June 30, 1972. (c) For the purposes of this title "(1) the term 'library resources' means books, periodicals, docu- "Library rements, magnetic tapes, phonograph records, audiovisual materials, sources." and other related library materials, including necessary binding; and "(2) the term librarianship' means the principles and practices "Librarianship." of the library and information sciences, including the acquisition, organization, storage, retrieval and dissemination of information. and reference and research use of library and information resources. "PART A-COLLEGE LIBRARY RESOURCES". (2) (A) The first sentence of section 202 of such title II is amended Basic grants. to read as follows: "From the amount available for grants under this 20 USC 1022. part pursuant to section 201 for any fiscal year, the Commissioner shall make basic grants for the purposes set forth in section 201 (a) (1) to institutions of higher education, to combinations of such institutions, to new institutions of higher education in the fiscal year preceding the fiscal year in which students are to be enrolled (in accordance with criteria prescribed by regulation), and other public and private non 86 STAT. 239 79 Stat. 1225. 20 USC 1023. Ante, p. 238. Special purpose grants. 79 Stat. 1226. 20 USC 1024. 20 USC 1031, 1032. 20 USC 1033. profit library institutions whose primary function is to provide library and information services to institutions of higher education on a formal, cooperative basis.". (B) Section 203 of such title II is amended by striking out that part of the first sentence which precedes "supplemental grants" and inserting in lieu thereof the following: "From that part of the sums appropriated pursuant to section 201 for the purposes of this part for any fiscal year which remains after making basic grants pursuant to section 202, and which is not reserved for the purposes of section 204, the Commissioner shall make", and by striking out "section 201" where it appears after "set forth in" and inserting in lieu thereof "section 201 (a) (1)". (C) (i) Section 204(a)(1) of such title II is amended to read as follows: "(1) From the sums appropriated pursuant to section 201 for the purposes of this part for any fiscal year, the Commissioner is authorized to reserve not to exceed 25 per centum thereof for the purposes of this section.". (ii) Section 204 (a) (2) of such title II is amended by striking out that part of the first sentence which precedes "may be used to make” and inserting in lieu thereof "Sums reserved pursuant to paragraph (1)". (iii) Section 204 (a) (2) of such title II is further amended by striking out "and" immediately preceding “(C)", and inserting before the period at the end of the first sentence the following:", and (D) to other public and private nonprofit library institutions which provide library and information services to institutions of higher education on a formal, cooperative basis". (iv) Section 204 (a) of such title II is amended by striking out paragraph (3). (3) (A) Part B of such title II is amended by striking out sections 221 and 222 and inserting in lieu thereof the following: "TRAINING AND RESEARCH PROGRAMS "SEC. 221. From the amount available for grants under this part pursuant to section 201 for any fiscal year, the Commissioner shall carry out a program of making grants in accordance with sections 222 and 223. Of such amount, 6623 per centum shall be available for the purposes of section 222 and 33% per centum shall be available for the purposes of section 223.". (B) Section 223 (a) of such Act is amended to read as follows: "SEC. 223. (a) The Commissioner is authorized to make grants to institutions of higher education and library organizations or agencies to assist them in training persons in librarianship. Such grants may be used by such institutions, library organizations or agencies (1) to assist in covering the cost of courses of training or study (including short term or regular session institutes) for such persons, (2) for establishing and maintaining fellowships or traineeships with stipends (including allowances for traveling, subsistence, and other expenses) for fellows and others undergoing training and their dependents, not in excess of such maximum amounts as may be prescribed by the Commissioner, and (3) for establishing, developing, or expanding programs of library and information science. Not less than 50 per centum of the grants made under this subsection shall be for the purpose of establishing and maintaining fellowships or traineeships under clause (2).". (C) Section 223 (b) of such Act is amended by inserting after "institution of higher education" the following: "and library organizations or agencies". 86 STAT. 240 (D) Such part B is further amended by striking out section 225; 79 Stat. 1228. and sections 223 and 224 of such part, and all references thereto (except 20 USC 591 note those references thereto in section 221 of such part, as amended by Ante, p.239; subparagraph (A)), are redesignated as sections 222 and 223, respec- 20 USC 1034. tively. (b) The amendments made by subsection (a) shall be effective after Effective date. June 30, 1972, and only with respect to appropriations for the fiscal year ending June 30, 1973, and succeeding fiscal years. WAIVER OF MAINTENANCE OF EFFORT REQUIREMENT SEC. 112. (a) Section 202 of title II of the Higher Education Act of 1965 is amended by redesignating clauses (c) and (d), and all refer- 79 Stat. 1224. ences thereto, as clauses (2) and (3), respectively, and by striking out 20 USC 1022. clauses (a) and (b) and inserting in lieu thereof the following: "(1) provides satisfactory assurance that the applicant will expend during the fiscal year for which the basic grant is sought, from funds other than funds received under this part "(A) for all library purposes (exclusive of construction), an amount not less than the average annual amount it expended for such purposes during the two fiscal years preceding the fiscal year for which assistance is sought under this part, and "(B) for library resources, an amount not less than the except that, if the Commissioner determines, in accordance with (b) (1) The second sentence of such section 202 is amended by strik- (2) Clause (1) of section 203 (a) of such title II is amended by Ante, p. 239. striking out that part thereof which follows "section 202" and inserting in lieu thereof a semicolon. (c) The amendments made by this section shall be effective after, Effective date. and only with respect to appropriations for fiscal years beginning after, June 30, 1971. INCREASE IN MAXIMUM AMOUNT OF SUPPLEMENTAL GRANTS SEC. 113. (a) Section 203 (a) of the Higher Education Act of 1965 is 20 USC 1023. amended by striking out "$10" and inserting in lieu thereof "$20”. (b) The amendment made by subsection (a) shall be effective after, Effective date. and only with respect to appropriations for fiscal years beginning after, June 30, 1972. AUTHORIZATION OF APPROPRIATIONS FOR COLLEGE AND RESEARCH SEC. 114. (a) Section 231 of the Higher Education Act of 1965 is 79 Stat. 1228; amended by striking out "and the succeeding fiscal year" and inserting 82 Stat. 1037. in lieu thereof "and $9,000,000 for the fiscal year ending June 30, 1972, 20 USC 1041. $12,000,000 for the fiscal year ending June 30, 1973, $15,000,000 for the fiscal year ending June 30, 1974, and $9,000,000 for the fiscal year end ing June 30, 1975". (b) The amendments made by subsection (a) shall be effective after Effective date. June 30, 1971. |