ing June 30, 1958, and 50 per centum of such cost in the case of each succeeding fiscal year. (As amended Apr. 24, 1961, Pub. L. 87-22, § 3, 75 Stat. 44; Dec. 18, 1963, Pub. L. 88-210, § 11(a) (2), 77 Stat. 411.)

AMENDMENTS

1963-Pub. L. 88-210 substituted "succeeding fiscal year" for "of the next seven fiscal years."

1961-Subsec. (a). Pub. L. 87-22 inserted references to section 34 of this title and to Guam.

Subsec. (c). Pub. L. 87-22 substituted "seven fiscal years" for "three fiscal years".

EFFECTIVE DATE OF 1961 AMENDMENT Amendment of section by Pub. L. 87-22 effective July 1, 1961, see section 6 of Pub. L. 87-22, set out as a note under section 15aa of this title.

§ 15cc. Same; State plans.

(a) Requirements for approval.

To be approvable under sections 15aa-15jj of this title, a State plan for practical nurse training shall

(3) show the plans, policies, and methods to be followed in providing practical nurse training under the State plan, and in administering and supervising the administration of the plan, and provide such accounting, budgeting, and other fiscal methods and procedures as are necessary for the proper and efficient administration of the plan;

(As amended Apr. 24, 1961, Pub. L. 87-22, § 4, 75 Stat. 44.)

AMENDMENTS

1961-Subsec. (a). Pub. L. 87–22 substituted "for practical nurse training" for "to extend and improve practical nurse training" preceding clause (1), and "providing" for "extending and improving" in clause (3).

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment of section by Pub. L. 87-22 effective July 1, 1961, see section 6 of Pub. L. 87-22, set out as a note under section 15aa of this title.

§ 15jj. Same; definitions.

For purposes of sections 15aa-15jj of this title

(e) The term "State" includes the Virgin Islands, Guam, Puerto Rico, and the District of Columbia.

(As amended June 25, 1959, Pub. L. 86-70, § 18(b) (3), 73 Stat. 144; July 12, 1960, Pub. L. 86-624, § 14(b) (4), 74 Stat. 414; Apr. 24, 1961, Pub. L. 87-22, § 5, 75 Stat. 44.)

AMENDMENTS

1961-Subsec. (e). Pub. L. 87-22 added the reference to

Guam.

1960 Subsec. (e). Pub. L. 86-624 eliminated "Hawall," preceding "the Virgin Islands."

1959 Subsec. (e). Pub. L. 86-70 eliminated "Alaska," preceding "Hawaii."

EFFECTIVE DATE OF 1961 AMENDMENT Amendment of section by Pub. L. 87-22 effective July 1, 1961, see section 6 of Pub. L. 87-22, set out as a note under section 15aa of this title.

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of subsec. (e) of this section by Pub. L. 86-624 effective on Aug. 21, 1959, see section 47(f) of Pub. L. 86-624, set out as a note under section 645 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-70 effective on January 3, 1959, see section 47(d) of Pub. L. 86-70, set out as a note under section 151 of this title.

§ 15aaa. Area vocational education program; appropriations.

There is authorized to be appropriated for the fiscal year ending June 30, 1959, and for each succeeding fiscal year the sum of $15,000,000 for area vocational education programs, to be apportioned for expenditure in the States as provided in section 15bbb of this title. (As amended Oct. 3, 1961, Pub. L. 87-344, title II, § 207, 75 Stat. 760; Dec. 18, 1963, Pub. L. 88-210, § 11(b), 77 Stat. 411.)

AMENDMENTS

1963-Pub. L. 88-210, substituted "succeeding fiscal year" for "of the five succeeding fiscal years." 1961-Pub. L. 87-344 substituted "five succeeding fiscal years" for "three succeeding fiscal years."

§ 15ggg. Same; definitions.

For purposes of sections 15aaa-15ggg of this title

(a) The term "State" includes the Virgin Islands, Puerto Rico, the District of Columbia, and Guam.

(As amended June 25, 1959, Pub. L. 86-70, § 18 (b) (3), 73 Stat. 144; July 12, 1960, Pub. L. 86-624, § 14(b) (4), 74 Stat. 414.)

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-624 eliminated "Hawaii," preceding "the Virgin Islands." 1959 Subsec. (a). Pub. L. 86-70 eliminated "Alaska,” preceding "Hawaii."

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of subsec. (a) of this section by Pub. L. 86-624, effective on Aug. 21, 1959, see section 47(f) of Pub. L. 86-624, set out as a note under section 645 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-70 effective on January 3, 1959, see section 47(d) of Pub. L. 86-70, set out as a note under section 151 of this title.

§ 16. Acceptance of benefits of appropriations by States; creation of State boards.

RECEIPT OF APPROPRIATIONS BY ALASKA FOR SALARIES OF TEACHERS; LIMITATION ON TEACHER-TRAINING EXPENDITURES

Section 18(b)(1) of Pub. L. 86-70, June 25, 1959, 73 Stat. 144, provided in part that: "The proviso in the last paragraph of section 5 of such Act (20 U.S.C. 16) [this section] and so much of section 12 of such Act (20 U.S.C. 22) [section 22 of this title] as follows the last semicolon shall not be applicable to Alaska prior to the third fiscal year which begins after the enactment of this Act [June 25, 1959]."

§ 22. Same; for training teachers; supervisors, or directors.

LIMITATION ON TEACHER-TRAINING EXPENDITURES

BY ALASKA

Provisions of this section limiting the amount that may be expended for the training of teachers of vocational subjects as not applicable to Alaska prior to the third fiscal year which begins after June 25, 1959, see note set out under section 16 of this title.

§ 29. Repealed. Pub. L. 86-624, § 14(b)(1), July 12, 1960, 74 Stat. 413.

Section, act Mar. 10, 1924, ch. 46, § 4, 43 Stat. 18, extended the benefits of this chapter to the Territory of Hawaii.

EFFECTIVE DATE OF REPEAL

Repeal of section applicable in the case of fiscal years beginning after June 30, 1960, see section 47(c) of Pub. L. 86-624, set out as a note under section 12 of this title.

§ 35. Congressional declaration of policy.

It is the purpose of sections 35-35n of this title to authorize Federal grants to States to assist them to maintain, extend, and improve existing programs of vocational education, to develop new programs of vocational education, and to provide part-time employment for youths who need the earnings from such employment to continue their vocational training on a full-time basis, so that persons of all ages in all communities of the State-those in high school, those who have completed or discontinued their formal education and are preparing to enter the labor market, those who have already entered the labor market but need to upgrade their skills or learn new ones, and those with special educational handicaps-will have ready access to vocational training or retraining which is of high quality, which is realistic in the light of actual or anticipated opportunities for gainful employment, and which is suited to their needs, interests, and ability to benefit from such training. Pub. L. 88-210, § 1, Dec. 18, 1963, 77 Stat. 403.)

SHORT TITLE

Section 17 of Pub. L. 88-210 provided that: "This part [which enacted sections 35-35n of this title and amended sections 15aa, 15bb, and 15aaa of this title] may be cited as the 'Vocational Education Act of 1963'."

§ 35a. Authorization of appropriations.

There are hereby authorized to be appropriated for the fiscal year ending June 30, 1964, $60,000,000, for the fiscal year ending June 30, 1965, $118,500,000, for the fiscal year ending June 30, 1966, $177,500,000, and for the fiscal year ending June 30, 1967, and each fiscal year thereafter, $225,000,000, for the purpose of making grants to States as provided in sections 35-35n of this title. (Pub. L. 88-210, § 2, Dec. 18, 1963, 77 Stat. 403.)

§ 35b. Allotments to States.

(a) Determination of amount.

Ninety per centum of the sums appropriated pursuant to section 35a of this title shall be allotted among the States on the basis of the number of persons in the various age groups needing vocational education and the per capita income in the respective States as follows: The Commissioner shall allot to each State for each fiscal year

(1) An amount which bears the same ratio to 50 per centum of the sums so appropriated for such year, as the product of the population aged fifteen to nineteen, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus

(2) An amount which bears the same ratio to 20 per centum of the sums so appropriated for such year, as the products of the population aged twenty to twenty-four, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus

(3) An amount which bears the same ratio to 15 per centum of the sums so appropriated for such year, as the product of the population aged twenty-five to sixty-five, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus

(4) An amount which bears the same ratio to 5 per centum of the sums so appropriated for such year, as the sum of the amounts allotted to the State under paragraphs (1), (2), and (3) for such year bears to the sum of the amounts allotted to all the States under paragraphs (1). (2), and (3) for such year.

(b) Minimum amount.

The amount of any State's allotment under subsection (a) of this section for any fiscal year which is less than $10,000 shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States under such subsection, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from being thereby reduced to less than that amount.

(c) Reallotment of unused funds.

The amount of any State's allotment under subsection (a) of this section for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the State's plan approved under section 35d of this title shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use under the approved plan of such State for such year and the total of such reductions shall be similarly reallotted among the States not suffering such a reduction. Any amount reallotted to a State under this subsection during such year shall be deemed part of its allotment under subsection (a) of this section for such year.

(d) Allotment ratio computation and promulgation; per capita income; determination of total population and population of particular age.

(1) The "allotment ratio" for any State shall be 1.00 less the product of (A) .50 and (B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the States (exclusive of Puerto Rico, Guam, American Samoa, and the Virgin Islands), except that (i) the allotment ratio shall in no case be less than 40 or more than .60, and (ii) the allotment ratio for Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be .60.

(2) The allotment ratios shall be promulgated by the Commissioner for each fiscal year, between July 1 and September 30 of the preceding fiscal year, except that for the fiscal year ending June 30, 1964, such allotment ratios shall be promulgated as soon as possible after the enactment of sections 35-35n

of this title. Allotment ratios shall be computed on the basis of the average of the per capita incomes for a State and for all the States (exclusive of Puerto Rico, Guam, American Samoa, and the Virgin Islands) for the three most recent consecutive fiscal years for which satisfactory data is available from the Department of Commerce.

(3) The term "per capita income" for a State or for all the States (exclusive of Puerto Rico, Guam, American Samoa, and the Virgin Islands) for any fiscal year, means the total personal income for such State, and for all such States, respectively, in the calendar year ending in such fiscal year, divided by the population of such State, and of all such States, respectively, in such fiscal year.

(4) The total population and the population of particular age groups of a State or of all the States shall be determined by the Commissioner on the basis of the latest available estimates furnished by the Department of Commerce. (Pub. L. 88-210, § 3, Dec. 18, 1963, 77 Stat. 403.)

§ 35c. Uses of allotments.

(a) Education programs, construction and ancillary services and activities.

Except as otherwise provided in subsection (b) of this section, a State's allotment under section 35b of this title may be used, in accordance with its approved State plan, for any or all of the following purposes:

(1) Vocational education for persons attending high school;

(2) Vocational education for persons who have completed or left high school and who are available for full-time study in preparation for entering the labor market;

(3) Vocational education for persons (other than persons who are receiving training allowances under the Manpower Development and Training Act of 1962, the Area Redevelopment Act, or the Trade Expansion Act of 1962) who have already entered the labor market and who need training or retraining to achieve stability or advancement in employment;

(4) Vocational education for persons who have academic, socio-economic, or other handicaps that prevent them from succeeding in the regular vocational education program;

(5) Construction of area vocational education school facilities;

(6) Ancillary services and activities to assure quality in all vocational education programs, such as teacher training and supervision, program evaluation, special demonstration and experimental programs, development of instructional materials, and State administration and leadership, including periodic evaluation of State and local vocational education programs and services in light of information regarding current and projected manpower needs and job opportunities.

(b) Apportionment of allotment for various purposes. At least 333 per centum of each State's allotment for any fiscal year ending prior to July 1, 1968, and at least 25 per centum of each State's allotment for any subsequent fiscal year shall be used only for the purposes set forth in paragraph (2) or (5), or both, 22-992 0-64-vol. 2- -3

of subsection (a) of this section, and at least 3 per centum of each State's allotment shall be used only for the purposes set forth in paragraph (6) of subsection (a) of this section, except that the Commissioner may, upon request of a State, permit such State to use a smaller percentage of its allotment for any year for the purposes specified above if he determines that such smaller percentage will adequately meet such purposes in such State.

(c) Grants to various public institutions for research and development of special vocational education programs for youths.

Ten per centum of the sums appropriated pursuant to section 35a of this title for each fiscal year shall be used by the Commissioner to make grants to colleges and universities, and other public or nonprofit private agencies and institutions, to State boards, and with the approval of the appropriate State board, to local educational agencies, to pay part of the cost of research and training programs and of experimental, developmental, or pilot programs developed by such institutions, boards, or agencies, and designed to meet the special vocational education needs of youths, particularly youths in economically depressed communities who have academic, socioeconomic, or other handicaps that prevent them from suceeding in the regular vocational education programs. (Pub. L. 88-210, § 4, Dec. 18, 1963, 77 Stat. 405.)

REFERENCES IN TEXT

The Manpower Development and Training Act of 1962, referred to in subsec. (a) (3), is classified to chapter 30 of Title 42, The Public Health and Welfare.

The Area Redevelopment Act, referred to in subsec. (a) (3), is classified principally to chapter 28 of Title 42, The Public Health and Welfare.

The Trade Expansion Act of 1962, referred to in subsec. (a) (3), is classified principally to chapter 7 of Title 19, Customs Duties.

§ 35d. State plans.

(a) Designation of State board and State advisory council; policy and procedure for allocation of allotment; qualifications of persons under plan; arrangements with public employment offices; accounting and fiscal control; labor standards; reports.

A State which desires to receive its allotments of Federal funds under sections 35-35n of this title shall submit through its State board to the Commissioner a State plan, in such detail as the Commissioner deems necessary, which

(1) designates the State board as the sole agency for administration of the State plan, or for supervision of the administration thereof by local educational agencies; and, if such State board does not include as members persons familiar with the vocational education needs of management and labor in the State, and a person or persons representative of junior colleges, technical institutes, or other institutions of higher education which provide programs of technical or vocational training meeting the definition of vocational education in section 35g (1) of this title, provides for the designation or creation of a State advisory council which shall include such persons, to consult with the State board in carrying out the State plan;

(2) sets forth the policies and procedures to be followed by the State in allocating each such allotment among the various uses set forth in paragraphs (1), (2), (3), (4), (5), and (6) of section 35c (a) of this title, and in allocating Federal funds to local educational agencies in the State, which policies and procedures insure that due consideration will be given to the results of periodic evaluations of State and local vocational education programs and services in light of information regarding current and projected manpower needs and job opportunities, and to the relative vocational education needs of all groups in all communities in the State, and that Federal funds made available under sections 3535n of this title will be so used as to supplement, and, to the extent practical, increase the amounts of State or local funds that would in the absence of such Federal funds be made available for the uses set forth in section 35c(a) of this title so that all persons in all communities of the State will as soon as possible have ready access to vocational training suited to their needs, interests, and ability to benefit therefrom, and in no case supplant such State or local funds;

(3) provides minimum qualifications for teachers, teacher-trainers, supervisors, directors, and others having responsibilities under the State plan;

(4) provides for entering into cooperative arrangements with the system of public employment offices in the State, approved by the State board and by the State head of such system, looking toward such offices making available to the State board and local educational agencies occupational information regarding reasonable prospects of employment in the community and elsewhere, and toward consideration of such information by such board and agencies in providing vocational guidance and counseling to students and prospective students and in determining the occupations for which persons are to be trained; and looking toward guidance and counseling personnel of the State board and local educational agencies making available to public employment offices information regarding the occupational qualifications of persons leaving or completing vocational education courses or schools, and toward consideration of such information by such offices in the occupational guidance and placement of such persons; (5) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to local educational agencies) under sections 35-35n of this title;

(6) provides assurance that the requirements of section 35f of this title will be complied with on all construction projects in the State assisted under sections 35-35n of this title; and

(7) provides for making such reports in such form and containing such information as the Commissioner may reasonably require to carry out his functions under sections 35-35n of this title, and for keeping such records and for affording such access thereto as the Commissioner may

find necessary to assure the correctness and verification of such reports.

(b) Approval of plan by Commissioner.

The Commissioner shall approve a State plan which fufills the conditions specified in subsection (a) of this section, and shall not finally disapprove a State plan except after reasonable notice and opoprtunity for a hearing to the State board designated pursuant to paragraph (1) of such subsection. (c) Failure to adhere to plan.

Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State board administering a State plan approved under subsection (b) of this section, finds that—

(1) the State plan has been so changed that it no longer complies with the provisions of subsection (a) of this section, or

(2) in the administration of the plan there is a failure to comply substantially with any such provision,

the Commissioner shall notify such State board that no further payments will be made to the State under sections 35-35n of this title (or, in his discretion, further payments to the State will be limited to programs under or portions of the State plan not affected by such failure) until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to such State under sections 35-35n of this title, or shall limit payments to programs under or portions of the State plan not affected by such failure).

(d) Appeal of Commissioner's action; procedure.

A State board which is dissatisfied with a final action of the Commissioner under subsection (b) or (c) of this section may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner, or any officer designated by him for that purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of Title 28. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record the Commissioner may modify or set aside his action. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 28.

The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action. (Pub. L. 88-210, § 5, Dec. 18, 1963, 77 Stat. 405.)

§ 35e. Payments to States. (a) Conditions.

Any amount paid to a State from its allotment under section 35b of this title for the fiscal year ending June 30, 1964, shall be paid on condition that there shall be expended for such year, in accordance with the State plan approved under section 35d of this title or the State plan approved under the Vocational Education Act of 1946 and supplementary vocational education Acts, or both, an amount in State or local funds, or both, which at least equals the amount expended for vocational education during the fiscal year ending June 30, 1963, under the State plan approved under the Vocational Education Act of 1946 and supplementary vocational education Acts.

(b) Funds available to pay part of State's annual plan expenses.

Subject to the limitations in section 35c (b) of this title, the portion of a State's allotment for the fiscal year ending June 30, 1965, and for each succeeding year, allocated under the approved State plan for each of the purposes set forth in paragraphs (1), (2), (3), (4), and (6) of section 35c(a) of this title shall be available for paying one-half of the State's expenditures under such plan for such year for each such purpose.

(c) Construction costs, funds available to pay.

The portion of a State's allotment for any fiscal year allocated under the approved State plan for the purpose set forth in paragraph (5) of section 35c(a) of this title shall be available for paying not to exceed one-half of the cost of construction of each area vocational education school facility project.

(d) Method of turning over funds to States.

Payments of Federal funds allotted to a State under section 35b of this title to States which have State plans approved under section 35d of this title (as adjusted on account of overpayments or underpayments previously made) shall be made by the Commissioner in advance on the basis of such estimates, in such installments, and at such times, as may be reasonably required for expenditures by the States of the funds so allotted. (Pub. L. 88-210, § 6, Dec. 18, 1963, 77 Stat. 407.)

REFERENCES IN TEXT

The Vocational Education Act of 1946, referred to in subsec. (a), is classified to sections 15i-15m, 150-15q, 15aa-15jj, and 15aaa-15ggg of this title.

§35f. Labor standards.

All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under sections 35-35n of this title shall be paid wages at rates not less than those prevailing as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. The Secretary of Labor shall have with respect to the labor standards specified in this section the author

ity and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 276c of Title 40. (Pub. L. 88-210, § 7, Dec. 18, 1963, 77 Stat. 408.)

REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in the text, is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950, 15 F.R. 3176, 64 Stat. 1267, referred to in the text, is set out as a note under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees.

§ 35g. Definitions.

For the purposes of sections 35-35n of this title(1) The term “vocational education” means vocational or technical training or retraining which is given in schools or classes (including field or laboratory work incidental thereto) under public supervision and control or under contract with a State board or local educational agency, and is conducted as part of a program designed to fit individuals for gainful employment as semiskilled or skilled workers or technicians in recognized occupations (including any program designed to fit individuals for gainful employment in business and office occupations, and any program designed to fit individuals for gainful employment which may be assisted by Federal funds under the Vocational Education Act of 1946 and supplementary vocational education Acts, but excluding any program to fit individuals for employment in occupations which the Commissioner determines, and specifies in regulations, to be generally considered professional or as requiring a baccalaureate or higher degree). Such term includes vocational guidance and counseling in connection with such training, instruction related to the occupation for which the student is being trained or necessary for him to benefit from such training, the training of persons engaged as, or preparing to become vocational education teachers, teacher-trainers, supervisers, and directors for such training, travel of students and vocational education personnel, and the acquisition and maintenance and repair of instructional supplies, teaching aids and equipment, but does not include the construction or initial equipment of buildings or the acquisition or rental of land.

(2) The term "area vocational education school" means

(A) a specialized high school used exclusively or principally for the provision of vocation education to persons who are available for full-time study in preparation for entering the labor market,

or

(B) the department of a high school exclusively or principally used for providing vocational education in no less than five different occupational fields to persons who are available for full-time study in preparation for entering the labor market,

or

(C) a technical or vocational school used exclusively or principally for the provision of vocational education to persons who have completed or left high school and who are available for full-time study in preparation for entering the labor market,

or