amended Pub. L. 87-344, title II, § 204 (d), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88-210, § 25 (e), Dec. 18, 1963, 77 Stat. 418.)

AMENDMENTS

1963-Pub. L. 88-210 substituted "six succeeding fiscal years" for "five succeeding fiscal years", and included students in elementary as well as secondary schools who are not below grade 7.

1961-Pub. L. 87-344 substituted "five succeeding fiscal years" for "three succeeding fiscal years."

§ 511. Language and area centers.

(a) The Commissioner is authorized to arrange through contracts with institutions of higher education for the establishment and operation by them, during the period beginning July 1, 1958, and ending with the close of June 30, 1965, of centers for the teaching of any modern foreign language with respect to which the Commissioner determines (1) that individuals trained in such language are needed by the Federal Government or by business, industry, or education in the United States, and (2) that adequate instruction in such language is not readily available in the United States. Any such contract may provide for instruction not only in such modern foreign language but also in other fields needed to provide a full understanding of the areas, regions, or countries in which such language is commonly used, to the extent adequate instruction in such fields is not readily available, including fields such as history, political science, linguistics, economics, sociology, geography, and anthropology. Any such contract may cover not more than 50 per centum of the cost of the establishment and operation of the center with respect to which it is made, including the cost of grants to the staff for travel in the foreign areas, regions, or countries with which the subject matter of the field or fields in which they are or will be working is concerned and the cost of travel of foreign scholars to such centers to teach or assist in teaching therein and the cost of their return, and shall be made on such conditions as the Commissioner finds necessary to carry out the purposes of this section.

(b) The Commissioner is also authorized, during the period beginning July 1, 1958, and ending with the close of June 30, 1965, to pay stipends to individuals undergoing advanced training in any modern foreign language (with respect to which he makes the determination under clause (1) of subsection (a) of this section), and other fields needed for a full understanding of the area, region, or country in which such language is commonly used, at any short-term or regular session of any institution of higher education, including allowances for dependents and for travel to and from their places of residence, but only upon reasonable assurance that the recipients of such stipends will, on completion of their training, be available for teaching a modern foreign language in an institution of higher education or for such other service of a public nature as may be permitted in regulations of the Commissioner. (As amended Pub. L. 87-344, title II, § 205(a), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88210, § 26(a), Dec. 18, 1963, 77 Stat. 418.)

AMENDMENTS

1963-Pub. L. 88-210 substituted "1965" for "1964" wherever appearing.

1961-Pub. L. 87-344 substituted "June 30, 1964" for "June 30, 1962" in subsecs. (a) and (b).

§ 521. Authorization.

appropriated

There are authorized to be $7,250,000 for the fiscal year ending June 30, 1959, and each of the six succeeding fiscal years, to enable the Commissioner to arrange, through contracts with institutions of higher education, for the operation by them of short-term or regular session institutes for advance training, particularly in the use of new teaching methods and instructional materials, for individuals who are engaged in or preparing to engage in the teaching, or supervising or training teachers, of any modern foreign language in elementary or secondary schools. Each individual (engaged, or preparing to engage, in the teaching, or supervising or training teachers, of any modern foreign language in a public elementary or secondary school) who attends an institute operated under the provisions of this part shall be eligible (after application therefor) to receive a stipend at the rate of $75 per week for the period of his attendance at such institute, and each such individual with one or more dependents shall receive an additional stipend at the rate of $15 per week for each such dependent for the period of such attendance. As used in this section "modern foreign language" includes English when taught to persons for whom English is a second language. (As amended Pub. L. 87-344, title II, § 205 (b), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88-210, § 26(b), Dec. 18, 1963, 77 Stat. 418.)

AMENDMENTS

1963-Pub. L. 88-210 substituted "six succeeding fiscal years" for "five succeeding fiscal years" and added the definition of "modern foreign language."

1961-Pub. L. 87-344 substituted "five succeeding fiscal years" for "three succeeding fiscal years."

§ 541. Functions of the Commissioner.

In carrying out the provisions of this section and section 542 of this title the Commissioner, in cooperation with the Advisory Committee on New Eduational Media (established by section 561 of this title), 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, printed and published materials, video tapes and other audio-visual 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;

(As amended Pub. L. 88-210, § 27(a), Dec. 18, 1963, 77 Stat. 419.)

AMENDMENTS

1963-Pub. L. 88-210 included projects involving printed and published materials.

§ 551. Functions of the Commissioner.

In order to disseminate information concerning new educational media (including the results of research and experimentation conducted under sections 541 and 542 of this title) to State or local educational agencies, for use in their public elementary or secondary schools, and to institutions of higher education, the Commissioner

(1) shall make studies and surveys to determine the need for increased or improved utilization of television, radio, motion pictures, printed and published materials, and related media of communication by State or local educational agencies and institutions of higher education for educational purposes;

(2) shall prepare and publish catalogs, reviews, bibliographies, abstracts, analyses of research and experimentation, and such other materials as are generally useful in the encouragement and more effective use of television, radio, motion pictures, printed and published materials, and related media of communication for educational purposes;

1963-Pars. (1), (2). Pub. L. 88-210 included printed and published materials.

§ 561. Establishment of the Advisory Committee.

(a) There is established in the Office of Education an Advisory Committee on New Educational Media (hereafter in this title referred to as the "Advisory Committee"). The Advisory Committee shall consist of the Commissioner, who shall be chairman, a representative of the National Science Foundation and twelve persons appointed, without regard to the civil-service laws, by the Commissioner with the approval of the Secretary. Three of such appointed members shall be individuals identified with the sciences, liberal arts, or modern foreign languages in institutions of higher education; three shall be individuals actually engaged in teaching or in the supervision of teaching in elementary or secondary schools; three shall be individuals of demonstrated ability in the utilization or adaptation of television, radio, motion pictures, printed and published materials, and related media of communication for educational purposes; and three shall be individuals representative of the lay public who have demonstrated an interest in the problems of communication media.

(b) The Advisory Committee shall

(1) advise, consult with, and make recommendations to the Commissioner on matters relating to the utilization or adaptation of television, radio, motion pictures, printed and published materials, or related media of communication for educational purposes, and on matters of basic policy arising in the administration of this subchapter;

(As amended Pub. L. 88-210, § 27(c), Dec. 18, 1963, 77 Stat. 419.)

AMENDMENTS

1963-Subsec. (a). Pub. L. 88-210 included printed and published materials.

Subsec. (b). Pub. L. 88-210 included printed and published materials.

§ 563. Appropriations authorized.

There are authorized to be appropriated the sum of $3,000,000 for the fiscal year ending June 30, 1959, and the sum of $5,000,000 for each of the six succeeding fiscal years for carrying out the provisions of this subchapter. (As amended Pub. L. 87-344, title II, § 206, Oct. 3, 1961, 75 Stat. 760; Pub. L. 88210, § 27(d), Dec. 18, 1963, 77 Stat. 419.) AMENDMENTS

1963-Pub. L. 88-210 substituted "six succeeding fiscal years" for "five succeeding fiscal years." 1961-Pub. L. 87-344 substituted "five succeeding fiscal years" for "three succeeding fiscal years." § 581. Administration.

(f) (1) No part of any funds appropriated or otherwise made available for expenditure under the authority of this Act shall be used to make payments or loans to any individual unless such individual has taken and subscribed to an oath or affirmation in the following form: "I do solemnly swear (or affirm) that I bear true faith and allegiance to the United States of America and will support and defend the Constitution and laws of the United States against all its enemies, foreign and domestic".

(2) No fellowship or stipend shall be awarded to any individual under the provisions of sections 461465 or sections 511-513 of this title unless such individual has provided the Commissioner (in the case of applications made on or after October 1, 1962) with a full statement regarding any crimes of which he has ever been convicted (other than crimes committed before attaining sixteen years of age and minor traffic violations for which a fine of $25 or less was imposed) and regarding any criminal charges punishable by confinement of thirty days or more which may be pending against him at the time of his application for such fellowship or stipend.

(3) The provisions of section 1001 of Title 18, shall be applicable with respect to the oath or affirmation required under paragraph (1) of this subsection and to the statement required under paragraph (2).

(4) (A) When any Communist organization, as defined in section 782(5) of Title 50, is registered or there is in effect a final order of the Subversive Activities Control Board requiring such organization to register, it shall be unlawful for any member of such organization with knowledge or notice that such organization is so registered or that such order has become final (i) to make application for any payment or loan which is to be made from funds part or all of which are appropriated or otherwise made available for expenditure under the authority of this Act, or (ii) to use or attempt to use any such payment or loan.

(B) Whoever violates subparagraph (A) of this paragraph shall be fined not more than $10,000 or imprisoned not more than five years, or both.

(g) Nothing contained in this Act shall prohibit the Commissioner from refusing or revoking a fellowship award under sections 511-513, and 521, of this title, in whole or in part, in the case of any applicant or recipient, if the Commissioner is of the opinion that such award is not in the best interests of the United States. (As amended Pub. L. 87-835, § 3, Oct. 16, 1962, 76 Stat. 1070.)

AMENDMENTS

1962-Subsec. (f). Pub. L. 87-835 designated existing provisions as par. (1), and eliminated therefrom, the requirement of an affidavit disavowing belief or membership in, or support of any organization believing in or teaching the overthrow of the United States Government by force or any illegal means, and provisions stating that section 1001 of Title 18 shall be applicable with respect to such affidavits, which latter provisions are now covered in par. (3), and added pars. (2)—(4). Subsec, (g). Pub. L. 87-835 added subsec. (g).

§ 588. Allotments to territories and possessions.

The amounts reserved by the Commissioner under sections 442 and 482 of this title shall be allotted by the Commissioner among Puerto Rico, the Canal Zone, Guam, American Samoa, and the Virgin Islands, according to their respective needs for the type of assistance furnished under the part or title in which the section appears. (As amended Pub. L. 86-70, § 18(a) (3), June 25, 1959, 73 Stat. 144; Pub. L. 86-624, § 14(a) (3), July 12, 1960, 74 Stat. 413; Pub. L. 88-210, § 28(a), Dec. 18, 1963, 77 Stat. 419.)

REFERENCES IN TEXT

"The part or title in which the section appears", referred to in the text, means the part or subchapter of this chapter in which the section appears. Section 442 appears in subchapter II of this chapter, and section 482 appears in part A subchapter V of this chapter.

AMENDMENTS

1963-Pub. L. 83-210 inserted "American Samoa." 1960-Pub. L. 86-624 eliminated "Hawaii," preceding "Puerto Rico."

1959-Pub. L. 86-70 eliminated "Alaska," preceding "Hawaii."

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of section by Pub. L. 86-624 applicable, in the case of allotments under section 442(b) or 482 of this title, for fiscal years beginning after June 30, 1960, and, in the case of allotments under section 442(a) of this title, for fiscal years beginning after allotment ratios, to which the amendment made by section 14(a)(2) of Pub. L. 86-624 to section 442 (a) of this title is applicable, are promulgated under section 442 (a) of this title, see section 47(d) of Pub. L. 86-624, set out as a note under section 403 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-70 applicable, in the case of allotments under section 442 (b) or 482 of this title, for fiscal years beginning July 1, 1959, and, in the case of allotments under section 442(a) of this title, in the case of allotments based on allotment ratios, promulgated under such section 442 (a) of this title, to which the amendment made by Pub. L. 86-70 to section 442 (a) (3) (B) of this title is applicable, see section 47(b) of Pub. L. 86-70, set out as a note under section 403 of this title.

§ 589. Improvement of statistical services of State educational agencies.

(a) For the purpose of assisting the States to improve and strengthen the adequacy and reliability of educational statistics provided by State and local reports and records and the methods and techniques for collecting and processing educational data and

Mental retardation research facilities and mental retardation facilities and mental health centers, see sections 295 et seq. and 2661 et seq. of Title 42, The Public Health and Welfare.

§ 611. Grants to public or nonprofit institutions; use of grants

The Commissioner of Education is authorized to make grants to public or other nonprofit institutions of higher learning to assist them in providing training of professional personnel to conduct training of teachers in fields related to education of mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education (hereinafter in this chapter referred to as "handicapped children"). He is also authorized to make grants to public or other nonprofit institutions of higher learning to assist them in providing professional or advanced training for personnel engaged or preparing to engage in employment as teachers of handicapped children, as supervisors of such teachers, or as speech correctionists or other specialists providing special services for education of such children, or engaged or preparing to engage in research in fields related to education of such children. Grants under this section may be used by such institutions to assist in covering the cost of courses of training or study for such personnel and for establishing and maintaining fellowships or traineeships, with such stipends as may be determined by the Commissioner of Education. The Commissioner is also authorized to make grants to public or other nonprofit institutions of higher learning to assist them in establishing and maintaining scholarships, with such stipends as may be determined by the Commissioner, for training personnel preparing to engage in employment as teachers of the deaf. (As amended Pub. L. 88-164, title III, § 301 (a) (1)—(3), (b), Oct. 31, 1963, 77 Stat. 294.)

AMENDMENTS

1963-Pub. L. 88-164, § 301 (a) (1)—(3), (b), substituted in the third sentence "Grants under this section" and "fellowships or traineeships" for "Such grants" and "fellowships", inserted the second sentence authorizing grants affecting handicapped children, extended the provisions of the first sentence to include not only "mentally retarded children" but other "handicapped children" and added provision authorizing grants for scholarships to personnel training to be teachers of the deaf, respectively.

EFFECTIVE Date of 1963 AMENDMENTS Section 301(a)(5) of Pub. L. 88-164 provided that: "The amendments made by this subsection [to first three sentences of this section and sections 612, 613, and 617 of this title] shall apply in the case of fiscal years beginning after June 30, 1963, except that deaf children shall not be included as 'handicapped children' for purposes of such amendments for the fiscal year ending June 30, 1964."

Section 301(b) of Pub. L. 88-164 provided in part that amendment of this section by section 301(b) authorizing grants for scholarships to train teachers of the deaf shall be effective for fiscal years beginning after June 30, 1964. § 612. Grants to State educational agencies for fellowships.

The Commissioner of Education is also authorized to make grants to State educational agencies to assist them in establishing and maintaining, directly or through grants to public or other nonprofit institutions of higher learning, fellowships or traineeships for training personnel engaged or preparing to engage in employment as teachers of handicapped children or as supervisors of such teachers. Such grants shall also be available to assist such institutions in meeting the costs of training such personnel. (As amended Pub. L. 86-158, title II, § 201, Aug. 14, 1959, 73 Stat. 346; Pub. L. 88-164, title III, § 301(a) (3), Oct. 31, 1963, 77 Stat. 294.)

AMENDMENTS

1963-Pub. L. 88-164 substituted "handicapped children" for "mentally retarded children."

1959-Pub. L. 86-158 authorized grants to be used to assist institutions in meeting the costs of training personnel.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment of this section by Pub. L. 88-164 applicable in case of fiscal years beginning after June 30, 1963, but excluding deaf children from the term "handicapped children" for purpose of such amendment for fiscal year ending June 30, 1964, see section 301(a)(5) of Pub. L. 88-164, set out as a note under section 611 of this title.

§613. Payments of grants.

Payments of grants pursuant to this chapter may be made by the Commissioner of Education from time to time, in advance or by way of reimbursement, on such conditions as the Commissioner may determine. (As amended Pub. L. 88-164, title III, § 301 (a) (4), Oct. 31, 1963, 77 Stat. 294.)

AMENDMENTS

1963-Pub. L. 88-164 eliminated provision which limited the payment of grants to $1,000,000 for any 1 fiscal year which is now covered by section 617 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT Amendment of this section by Pub. L. 88-1964 applicable in case of fiscal years beginning after June 30, 1963, but excluding deaf children from the term "handicapped children" for purpose of such amendment for fiscal year ending June 30, 1964, see section 301(a)(5) of Pub. L. 88-164, set out as a note under section 611 of this title.

§ 617. Authorization of appropriations.

There are authorized to be appropriated for carrying out this chapter $11,500,000 for the fiscal year ending June 30, 1964; $14,500,000 for the fiscal year ending June 30, 1965; and $19,500,000 for the fiscal year ending June 30, 1966. (As amended Pub. L. 88-164, title III, § 301 (a) (4), Oct. 31, 1963, 77 Stat. 294.)

AMENDMENTS

1963-Pub. L. 88-164 substituted authorization of appropriations for termination provision continuing the chapter in effect until a date 10 years after Sept. 6, 1958. EFFECTIVE DATE OF 1963 AMENDMENT

Amendment of this section by Pub. L. 88-164 applicable in case of fiscal years beginning after June 30, 1963, but excluding deaf children from the term "handicapped children" for purpose of such amendment for fiscal year ending June 30, 1964, see section 301(a)(5) of Pub. L. 88-164, set out as a note under section 611 of this title. § 618. Research and demonstration projects. (a) Authorization of appropriations; installments; advances or reimbursement; conditions.

There is authorized to be appropriated for the fiscal year ending June 30, 1964, and each of the next two fiscal years, the sum of $2,000,000 to enable the Commissioner of Education to make grants to States, State or local educational agencies, public and nonprofit private institutions of higher learning, and other public or nonprofit private educational or research agencies and organizations for research or demonstration projects relating to education for mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education (hereinafter in this section referred to as "handicapped children"). Such grants shall be made in installments, in advance or by way of reimbursement, and on such conditions as the Commissioner of Education may determine.

(b) Advisory committees.

The Commissioner of Education is authorized to appoint such special or technical advisory committees as he may deem necessary to advise him on matters of general policy relating to particular fields of education of handicapped children or relating to special services necessary thereto or special problems involved therein.

(c) Panels of experts.

The Commissioner of Education shall also from time to time appoint panels of experts who are competent to evaluate various types of research or demonstration projects under this section, and shall secure the advice and recommendations of such a panel before making any such grant in the field in which such experts are competent.

(d) Compensation and travel expenses.

Members of any committee or panel appointed under this section who are not regular full-time employees of the United States shall, while serving on the business of such committee or panel, be entitled to receive compensation at rates fixed by the Secretary of Health, Education, and Welfare, but not exceeding $75 per day, including travel time; and, while so serving away from their homes or regular place

of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 73b-2 of Title 5 for persons in the Government service employed intermittently.

(e) Delegation of functions.

The Commissioner of Education is authorized to delegate any of his functions under this section, except the promulgation of regulations, to any officer or employee of the Office of Education. (Pub. L. 88-164, title III, § 302, Oct. 31, 1963, 77 Stat. 295.) CODIFICATION

Section was enacted as a part of the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963" and not as a part of Pub. L. 85-926 which is classified to this chapter.

Chapter 19.-SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES

§ 633. Dates for filing applications; priorities.

The Commissioner shall from time to time set dates by which applications for payments under this chapter with respect to construction projects must be filed, except that the last such date with respect to applications for payments on account of children referred to in paragraphs (2) or (3) of section 635 (a) of this title shall be not later than June 30, 1965. The Commissioner shall by regulation prescribe an order of priority, based on relative urgency of need, to be followed in approving applications in the event the funds appropriated under this chapter and remaining available on any such date for payment to local educational agencies are less than the Federal share of the cost of the projects with respect to which applications have been filed prior to such date (and for which funds under this chapter have not already been obligated). Only applications meeting the conditions for approval under this chapter (other than section 636 (b) (2) (C) of this title) shall be considered applications for purposes of the preceding sentence. (As amended Oct. 3, 1961, Pub. L. 87-344, title I, § 101(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, § 31(a), 77 Stat. 419.)

AMENDMENTS

1963-Pub. L. 88-210 substituted "1965" for "1963." 1961-Pub. L. 87-344 substituted "June 30, 1963" for "June 30, 1961."

EFFECTIVE DATE OF 1963 AMENDMENT Amendment of section by Pub. L. 88-210 effective July 1, 1963, see section 33 of Pub. L. 88-210, set out as a note under section 237 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT Section 103 of Pub. L. 87-344 provided that: "The amendments made by this title [to this section and sections 237, 238, 239, 644, and 645 of this title] shall be effective for the period beginning July 1, 1961."

§ 635. Limitation on total payments to local agencies.

EXECUTIVE ORDER No. 10524

Ex. Ord. No. 10524, Apr. 1, 1954, 19 F.R. 1809, as amended by Ex. Ord. No. 10592, Jan. 21, 1955, 20 FR. 509; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971, set out as a note under this section, which related to delegation of school construction assistance functions, was superseded by Ex. Ord. No. 11051, Sept. 28, 1962, 27 F.R. 9683, set out as a note under section 2271 of the Appendix to Title 50, War and National Defense.

§ 640. Children for whom local agencies are unable to provide education.

In the case of children who it is estimated by the Commissioner in any fiscal year will reside on Federal property at the end of the next fiscal year—

(1) if no tax revenues of the State or any political subdivision thereof may be expended for the free public education of such children; or

(2) if it is the judgment of the Commissioner, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children,

the Commissioner shall make arrangements for constructing or otherwise providing the minimum school facilities necessary for the education of such children. Such arrangements may also be made to provide, on a temporary basis, minimum school facilities for children of members of the Armed Forces on active duty, if the schools in which free public education is usually provided for such children are made unavailable to them as a result of official action by State or local governmental authority and it is the judgment of the Commissioner, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children. To the maximum extent practicable school facilities provided under this section shall be comparable to minimum school facilities provided for children in comparable communities in the State. This section shall not apply (A) to children who reside on Federal property under the control of the Atomic Energy Commission, and (B) to Indian children attending federally operated Indian schools. Whenever it is necessary for the Commissioner to provide school facilities for children residing on Federal property under this section, the membership of such children may not be included in computing under section 635 of this title the maximum on the total of the payments for any local educational agency. (As amended May 6, 1960, Pub. L. 86-449, title V, § 502, 74 Stat. 89.)

(b) Authorization of appropriations; time limit on making agreements.

There are authorized to be appropriated for each fiscal year ending prior to July 1, 1965, such sums, not to exceed $60,000,000 in the aggregate, as may be necessary to carry out the provisions of this section. There are also authorized to be appropriated such sums as may be necessary for administration of such provisions. Amounts so appropriated, other than amounts appropriated for administration, shall remain available until expended, excpt that after June 30, 1965, no agreement may be made to extend assistance under this section.