SUBCHAPTER IX.-IMPROVEMENT OF GRADUATE PROGRAMS

§ 1135. Congressional statement of purpose.

The purposes of this subchapter are to strengthen and improve the quality of graduate programs leading to a doctoral or professional (other than medical) degree, and to increase the number of such quality programs. (Pub. L. 89-329, title X, § 1001, as added Pub. L. 90-575, title II, § 271, Oct. 16, 1968, 82 Stat. 1047.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1135a of this title.

§ 1135a. Authorization of appropriations; types of programs; limitations.

(a) There are authorized to be appropriated $340,000 for the fiscal year ending June 30, 1969, $5,000,000, for the fiscal year ending June 30, 1970, and $10,000,000 for the fiscal year ending June 30, 1971, to enable the Commissioner to make grants to institutions of higher education having programs leading to a degree of doctor of philosophy or comparable professional or other graduate degree, upon such terms and conditions as he may establish, to pay part of the cost of planning, developing, or carrying out projects or activities designed to achieve one or more of the purposes set forth in section 1135 of this title. Such amount for the fiscal year ending June 30, 1969, shall also be available for planning and related activities for the purpose of this subchapter. Such grants may be used for experimental, innovative, or interdisciplinary projects or activities such as

(1) the strengthening of graduate faculties by enlarging their size, improving their academic or professional qualifications, or increasing the number of disciplines in which they are skilled:

(2) the expansion or improvement of existing graduate programs, or the establishment of additional graduate programs;

(3) the acquisition of appropriate equipment or curricular, research, or other materials required to fulfill the objectives of projects or activities described in clause (2);

(4) the development or carrying out of cooperative arrangements among graduate schools in furtherance of the purposes of this subchapter; or (5) the strengthening of graduate school administration.

(b) No portion of the sums granted under this subchapter may be used

(1) for payment in excess of 66% per centum of the total cost of such project or activity;

(2) for payment in excess of 50 per centum of the cost of the purchase or rental of books, audiovisual aids, scientific apparatus, or other materials or equipment, less any per centum of such cost, as determined by the Commissioner, that is paid from sums received (other than under this part) as Federal-financial assistance; or

(3) for sectarian instruction or religious worship, or primarily in connection with any part of the program of an institution, or department or branch of an institution, whose program is spe

cifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects.

(Pub. L. 89-329, title X, § 1002, as added Pub. L. 90575, title II, § 271, Oct. 16, 1968, 82 Stat. 1047.)

§ 1135b. Selection of grant recipients.

In the awarding of grants under this subchapter the Commissioner shall, insofar as practicable and consistent with the other purposes of this subchapter, give weight to the objective of having an adequate number of graduate and professional schools of good quality within each appropriate region. (Pub. L. 89-329, title X, § 1003, as added Pub. L. 90-575, title II, § 271, Oct. 16, 1968, 82 Stat. 1048.)

§ 1135c. Consultation.

In the development of general policy governing the administration of this subchapter, the Commissioner shall consult with the National Science Foundation, the National Foundation on the Arts and the Humanities, and the Federal Judicial Center for the purpose of promoting the coordination of Federal programs bearing on the purposes of this subchapter. (Pub. L. 89-329, title X, § 1004, as added Pub. L. 90-575, title II, § 271, Oct. 16, 1968, 82 Stat. 1048.)

SUBCHAPTER X.-LAW SCHOOL CLINICAL EXPERIENCE PROGRAMS

§ 1136. Program authorization. (a) Contracts with law schools.

The Commissioner is authorized to enter into contracts with accredited law schools in the States for the purpose of paying not to exceed 90 per centum of the cost of establishing or expanding programs in such schools to provide clinical experience to students in the practice of law, with preference being given to programs providing such experience, to the extent practicable, in the preparation and trial of

cases.

(b) Allowable expenditures.

Such costs may include necessary expenditures incurred for

(1) planning;

(2) training of faculty members and salary for additional faculty members;

(3) travel and per diem for faculty and students;

(4) reasonable stipends for students for work in the public service performed as part of any such program at a time other than during the regular academic year;

(5) equipment; and

(6) such other items as are allowed pursuant to regulations issued by the Commissioner. (c) Limitations.

No law school may receive more than $75,000 in any fiscal year pursuant to this subchapter. (d) Accredited law schools.

For the purpose of this subchapter the term "accredited law school" means any law school which is accredited by a nationally recognized accrediting agency or association approved by the Commis

sioner for this purpose. (Pub. L. 89-329, title XI, § 1101, as added Pub. L. 90-575, title II, § 281, Oct. 16, 1968, 82 Stat. 1048.)

§ 1136a. Applications.

(a) A contract authorized by this subchapter may be made by the Commissioner upon application which

(1) is made at such time or times and contains such information as he may prescribe;

(2) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this subchapter; and

(3) provides for making such reports, in such form and containing such information as the Commissioner may require to carry out his functions under this subchapter, 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) The Commissioner shall allocate contracts under this subchapter in such manner as will provide an equitable distribution of such contracts throughout the United States among law schools which show promise of being able to use funds effectively for the purposes of this subchapter. (Pub. L. 89-329, title XI, § 1102, as added Pub. L. 90-575, title II, § 281, Oct. 16, 1968, 82 Stat. 1048.)

§ 1136b. Authorization of appropriations.

There are authorized to be appropriated $340,000 for the fiscal year ending June 30, 1969, and $7,500,000 for each of the fiscal years ending June 30, 1970, and June 30, 1971, to carry out the purposes of this subchapter (and planning and related activities in the initial fiscal year for such purposes). Funds appropriated for the fiscal year ending June 30, 1969. shall be available for obligation pursuant to the provisions of this subchapter during that year and the succeeding fiscal year. (Pub. L. 89-329, title XI, § 1103, as added Pub. L. 90-575, title II, § 281, Oct. 16, 1968, 82 Stat. 1049.)

SUBCHAPTER XI.-GENERAL PROVISIONS § 1141. Definitions.

As used in this chapter

(a) The term "institution of higher education" means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, (4) is a public or other nonprofit institution, and (5) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, (A) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which

it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (B) is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. Such term also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (1), (2), (4), and (5). For purposes of this subsection, the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered.

(b) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands.

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

(d) The terin "secondary school" means a school which provides secondary education as determined under State law except that it does not include any education provided beyond grade 12.

(e) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(f) The term "Commissioner" means the Commissioner of Education.

(g) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

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

(1) The term "elementary school" means a school which provides elementary education including education below grade 1, as determined under State law.

(j) The term "combination of institutions of higher education" means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or

created by a group of institutions of higher education for the purpose of carrying out a common objective on their behalf.

(k) The term "gifted and talented children" means, in accordance with objective criteria prescribed by the Commissioner, children who have outstanding intellectual ability or creative talent. (Pub. L. 89-329, title XII, § 1201, formerly title VIII, § 801, Nov. 8, 1965, 79 Stat. 1269, as renumbered and amended Pub. L. 90-575, title II, §§ 251, 293, 294, Oct. 16, 1968, 82 Stat. 1042, 1050, 1051; Pub. L. 91230, title VIII, § 806(b), Apr. 13, 1970, 84 Stat. 192.) REFERENCES IN TEXT

This chapter, referred to in the text, was, in the original, "this Act," meaning Pub. L. 89-329. For complete classification of Pub. L. 89-329 to this Code, see Short Title note under section 1001 of this title.

AMENDMENTS

1970 Subsec. (k). Pub. L. 91-230 added subsec. (k). 1968 Subsec. (a). Pub. L. 90-575, § 293, denominated existing provisions of cl. (5) as subcl. (B) thereof and added subcl. (A) and, in the provisions following the enumerated five clauses, substituted reference to schools which provide not less than a one-year program of training to prepare students for gainful employment in a recognized occupation for reference to business schools and technical institutions.

Subsec. (1). Pub. L. 90–575, § 294 added subsec. (1) defining "combination of institutions of higher education".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1088, 1134h of this title; title 42 section 3781.

§ 1142. Method of payment.

Payments under this chapter to any individual or to any State or Federal agency, institution of higher education, or any other organization, pursuant to a grant, loan, or contract, may be made in installments, and in advance or by way of reimbursement, and, in the case of grants or loans, with necessary adjustments on account of overpayments or underpayments. (Pub. L. 89–329, title XII, § 1202, formerly title VIII, § 802, Nov. 8, 1965, 79 Stat. 1270, renumbered Pub. L. 90-575, title II, § 251, Oct. 16, 1968, 82 Stat. 1042.)

REFERENCES IN TEXT

This chapter, referred to in the text, was, in the original. "this Act", meaning Pub. L. 89-329. For complete classification of Pub. L. 89-329 to this Code, see Short Title note under section 1001 of this title.

§ 1143. Repealed. Pub. L. 91-230, title IV, §401(a)(5), Apr. 13, 1970, 84 Stat. 173.

Section, Pub. L. 89-329, title XII, § 1203, formerly title VIII, § 803, Nov. 8, 1965, 79 Stat. 1270, renumbered Pub. L. 90-575, title II, § 251, Oct. 16, 1968, 82 Stat. 1042, provided for delegation of functions by Commissioner and utilization of services and facilities of other agencies, and is now superseded by section 1231 of this title.

§ 1144. Federal control over education prohibited.

(a) Repealed. Pub. L. 91-230, title IV, § 401(f) (6), Apr. 13, 1970, 84 Stat. 173.

(b) Nothing contained in this chapter or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the membership practices or internal operations of any fraternal organization, fraternity, sorority, private club or religious organization at an

institution of higher education (other than a service academy or the Coast Guard Academy) which is financed exclusively by funds derived from private sources and whose facilities are not owned by such institution. (Pub. L. 89-329, title XII, § 1204 formerly title VIII, § 804, Nov. 8, 1965, 79 Stat. 1270, renumbered Pub. L. 90-575, title II, § 251, Oct. 16, 1968, 82 Stat. 1042, and amended Pub. L. 91-230, title IV, § 401(f) (6), Apr. 13, 1970, 84 Stat. 173.)

REFERENCES IN TEXT

This chapter, referred to in the text, was, in the original, "this Act", meaning Pub. L. 89-329. For complete classification of Pub. L. 89-329 to this Code, see Short Title note under section 1001 of this title.

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-230 repealed prohibition against Federal control of education (curriculum, program of instruction, administration, personnel, or selection of library resources), now superseded by section 1232a of this title.

§ 1145. Advisory Council on Graduate Education. (a) Establishment; membership.

There is hereby established in the Office of Education an Advisory Council on Graduate Education (hereafter in this section referred to as the "Council"), consisting of the Commissioner, who shall be Chairman, of one representative each from the Office of Science and Technology in the Executive Office of the President, the National Science Foundation, and the National Foundation on the Arts and the Humanities, and of members appointed by the Commissioner without regard to the civil service or classification laws. Such appointed members shall be selected from among leading authorities in the field of education, except that at least one of them shall be a graduate student.

(b) Function.

The Council shall advise the Commissioner on matters of general policy arising in the administration by the Commissioner of programs relating to graduate education. (Pub. L. 89-329, title XII, § 1205, as added Pub. L. 90-575, title II, § 291(a), Oct. 16, 1968, 82 Stat. 1049, and amended Pub. L. 91-230, title IV, § 401 (h) (4), Apr. 13, 1970, 84 Stat. 174.)

AMENDMENTS

1970 Subsec. (c). Pub. L. 91-230 repealed provisions for compensation (limited to rate specified for grade GS-18 in section 5332 of Title 5, including traveltime) and travel expenses of members of the Advisory Council on Graduate Education, now superseded by section 1233c of this title.

Subsec. (d). Pub. L. 91–230 repealed provisions for Commissioner's furnishing technical assistance and making available secretarial, clerical, and other assistance and pertinent data, now superseded by section 1233d (b) of this title.

§§ 1146 to 1150. Repealed. Pub. L. 91-230, title IV, § 401(b), (d)(5), Apr. 13, 1970, 84 Stat. 172, 173. Section 1146, Pub. L. 89-329, title XII, § 1206, as added Pub. L. 90-575, title II, § 292, Oct. 16, 1968, 82 Stat. 1050, provided for dissemination of information and authorization of $2,000,000 for fiscal year June 30, 1970, and such amount as Congress may authorize for fiscal year ending June 30, 1971, and is now covered by sections 1231a, 1231b, and 1231c of this title.

Sections 1147-1150, Pub. L. 89-329, title XII, §§ 12071210, as added Pub. L. 90-575, title II, § 295, Oct. 16, 1968, 82 Stat. 1051, 1052, provided for program planning and evaluation for higher education programs; advance

The Congress hereby finds and declares that a knowledge of other countries is of the utmost importance in promoting mutual understanding and cooperation between nations; that strong American educational resources are a necessary base for strengthening our relations with other countries; that this and future generations of Americans should be assured ample opportunity to develop to the fullest extent possible their intellectual capacities in all areas of knowledge pertaining to other countries, peoples, and cultures; and that it is therefore both necessary and appropriate for the Federal Government to assist in the development of resources for international study and research, to assist in the development of resources and trained personnel in academic and professional fields, and to coordinate the existing and future programs of the Federal Government in international education, to meet the requirements of world leadership. (Pub. L. 89-698, § 2, Oct. 29, 1966, 80 Stat. 1066.)

SHORT TITLE

Section 1 of Pub. L. 89-698 provided: "That this Act [enacting this section and sections 601, 602, and 1172— 1177 of this title, amending sections 511, 592, and 1085 (a) of this title and sections 2452, 2454, and 2455 of Title 22, Foreign Relations and Intercourse, and enacting material set out as a note under section 2452 of Title 22] may be cited as the 'International Education of 1966'."

§ 1172. Centers for advanced international studies; grants; visiting scholars; stipends; travel.

(a) The Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") is authorized to arrange through grants to institutions of higher education, or combinations of such institutions, for the establishment, strengthening, and operation by them of graduate centers which will be national and international resources for research and training in international studies and the international aspects of professional and other fields of study. Activities carried on in such centers may be concentrated either on specific geographical areas

of the world or on particular fields or issues in world affairs which concern one or more countries, or on both. The Secretary may also make grants to public and private nonprofit agencies and organizations, including professional and scholarly associations, when such grants will make an especially significant contribution to attaining the objectives of this section.

(b) Grants under this section may be used to cover part or all of the cost of establishing, strengthening, equipping, and operating research and training centers, including the cost of teaching and research materials and resources, the cost of programs for bringing visiting scholars and faculty to the center, and the cost of training, improvement, and travel of the staff for the purpose of carrying out the objectives of this section. Such grants may also include funds for stipends (in such amounts as may be determined in accordance with regulations of the Secretary) to individuals undergoing training in such centers, including allowances for dependents and for travel for research and study here and abroad. Grants under this section shall be made on such conditions as the Secretary finds necessary to carry out its purposes. (Pub. L. 89-698, title I, § 101, Oct. 29, 1966, 80 Stat. 1066.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1174, 1176 of this title.

§ 1173. Undergraduate programs in international

studies.

(a) Grants; programs.

The Secretary is authorized to make grants to institutions of higher education, or combinations of such institutions, to assist them in planning, developing, and carrying out a comprehensive program to strengthen and improve undergraduate instruction in international studies. Grants made under this section may be for projects and activities which are an integral part of such a comprehensive program such as

(1) planning for the development and expansion of undergraduate programs in international studies;

(2) teaching, research, curriculum development, and other related activities;

(3) training of faculty members in foreign countries;

(4) expansion of foreign language courses; (5) planned and supervised student work-studytravel programs;

(6) programs under which foreign teachers and scholars may visit institutions as visiting faculty; and

(7) programs of English language training for foreign teachers, scholars, and students. The Secretary may also make grants to public and private nonprofit agencies and organizations, including professional and scholarly associations, when such grants will make an especially significant contribution to attaining the objectives of this section.

(b) Form and requisites of application for grant funds.

A grant may be made under this section only upon application to the Secretary at such time or times and containing such information as he deems necessary. The Secretary shall not approve an application unless it

(1) sets forth a program for carrying out one or more projects or activities for which a grant is authorized under subsection (a) of this section;

(2) sets forth policies and procedures which assure that Federal funds made available under this section for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available for purposes which meet the requirements of subsection (a) of this section, and in no case supplant such funds;

(3) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section; and (4) provides for making such report, in such form and containing such information, as the Secretary may require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.

(c) Allocation of grant funds; effective use.

The Secretary shall allocate grants to institutions of higher education under this section in such manner and according to such plan as will most nearly provide an equitable distribution of the grants throughout the States while at the same time giving a preference to those institutions which are most in need of funds for programs in international studies and which show real promise of being able to use funds effectively. (Pub. L. 89-698, title I, § 102, Oct. 29, 1966, 80 Stat. 1067.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1174, 1176 of this title.

§ 1174. Authority to make payments in installments and in advance or by way of reimbursement. (a) Payments under sections 1172 to 1177 of this title may be made in installments, and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments.

(b) Repealed. Pub. L. 91-230, title IV, § 401(c) (7), Apr. 13, 1970, 84 Stat. 173.

(Pub. L. 89-698, title I, § 103, Oct. 29, 1966, 80 Stat. 1068; Pub. L. 91-230, title IV, § 401(c) (7), Apr. 13, 1970, 84 Stat. 173).

REFERENCES IN TEXT

Section 1175 of this title, referred to in the text, was repealed by Pub. L. 91-230, title IV, § 401(f) (7), Apr. 13, 1970, 84 Stat. 174.

AMENDMENTS

1970 Subsec. (b). Pub. L. 91-230 repealed provisions for utilization of services and facilities of other agencies by Secretary of Health, Education, and Welfare in accordance with agreements published in the Federal Register three

weeks prior to effective date of any agreement, now superseded by section 1231 (b) of this title,

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1176 of this title.

§ 1175. Repealed. Pub. L. 91-230, title IV, § 401(f)(7), Apr. 13, 1970, 84 Stat. 174.

Section, Pub. L. 89-698, title I, § 104, Oct. 29, 1966, 80 Stat. 1068, prohibited Federal control of education (curriculum, program of instruction, administration, personnel of any educational institution, selection of library resources, and content of any material developed or published), and is now superseded by section 1232a of this title.

§ 1176. Appropriations and reports.
(a) Authorization of appropriations.

There is authorized to be appropriated $1,000,000 for the fiscal year ending June 30, 1967, which shall be available only for the purpose of preparing the report provided for in subsection (b) of this section. There are authorized to be appropriated $40,000,000 for the fiscal year ending June 30, 1968, and $90,000,000 for each of the succeeding fiscal years ending prior to July 1, 1971, for the purpose of carrying out the provisions of sections 1172 to 1177 of this title. For the fiscal years thereafter there shall be appropriated for the purpose of carrying out the provisions of sections 1172 to 1177 of this title only such amounts as the Congress may hereafter authorize by law.

(b) Initial report and recommendations.

The Secretary shall prepare, with the advice of the Advisory Committee appointed pursuant to section 1177 of this title, a report containing specific recommendations for carrying out the provisions of sections 1172 to 1177 of this title, including any recommendations for amendments to such sections and to portions of other laws amended by this Act, and shall submit such report to the President and the Congress not later than April 30, 1967.

(c) Annual report to Congress.

Prior to January 31, 1968, and prior to January 31 in each year thereafter, the Secretary shall make a report to the Congress which reviews and evaluates activities carried on under the authority of this Act and which reviews other activities of the Federal Government drawing upon or strengthening American resources for international study and research and any existing activities and plans to coordinate and improve the efforts of the Federal Government in international education. (Pub. L. 89-698, title I, § 105, Oct. 29, 1966, 80 Stat. 1068; Pub. L. 90-575, title V, § 502, Oct. 16, 1968, 82 Stat. 1062.)

REFERENCES IN TEXT

"This Act", referred to in text, is the International Education Act of 1966, Pub. L. 89-698, Oct. 29, 1966, 80 Stat. 1066, which is classified principally to this chapter. For classification of Pub. L. 89-698, see Short Title note under section 1171 of this title.

AMENDMENTS

1968-Subsec. (a). Pub. L. 90-575 authorized an appropriation of $90,000,000 for the fiscal years ending June 30, 1970, and June 30, 1971.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1174, 1177 of this title.