AVAILABILITY OF FUNDS FOR SALARY AND EXPENSES OF STATE
DIRECTORS

SEC. 6. Funds appropriated under authority of section 3 shall be available, on a prorated basis determined by the State board, for the salary and necessary travel expenses of a State director of vocational education selected by the State board, in accordance with the requirements of the State plan, on the basis of his technical and professional qualifications including experience in vocational education.

(20 U.S.C. 15m) Enacted Aug. 1, 1946, P.L. 586, 79th Cong., sec. 1, 60 Stat. 777, as sec. 6 of P.L. 673, 74th Cong.; sec. 1 of P.L. 586, 79th Cong., redesignated Aug. 2, 1956 as Title I, sec. 101, by P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 925.

APPLICABILITY OF SMITH-HUGHES VOCATIONAL EDUCATION ACT

SEC. 7. The appropriations made under authority of this title shall be in addition to, and shall be subject to the same conditions and limitations as, the appropriations made to carry out the Smith-Hughes Vocational Education Act: except that (1) the appropriations made under authority of this title for home economics shall be subject to the conditions and limitations applicable to the appropriation for agricultural purposes under the Smith-Hughes Vocational Education Act, with the exception of that part of section 10 thereof which requires directed or supervised practice for at least six months per year;2 (2) such moneys as are provided under authority of this title for trade and industrial subjects, and public and other service occupations, may be expended for part-time classes operated for less than one hundred and forty-four hours per year; (3) the provisions of section 11 of the Smith-Hughes Vocational Education Act, requiring at least one-third of the sum appropriated to any State to be expended for part-time schools or classes shall be held to include any part-time day-school classes for workers sixteen years of age and over, and evening-school classes for workers sixteen years of age and over; 3 (4) the appropriations made by this title for distributive occupational subjects shall be limited to part-time and evening schools as provided in the SmithHughes Vocational Education Act, for trade, home economics, and industrial subjects and is qualified by the provisions of this section; (5) preemployment schools and classes organized for persons over eighteen years of age or who have left the full-time school may be operated for less than nine months per year and less than thirty hours per week and without the requirement that a minimum of 50 per centum of the time must be given to shop work on a useful or productive basis, and (6) the appropriations available under section 9 of this title shall be available for expenses of attendance at meetings of educational associations and other organizations and for expenses of conferees called to meet in the District of Columbia or elsewhere, which,

4

2 See secs. 10(b) and 10 (c) of P.L. 88-210, p. 242, for modification of the conditions and limitations referred to.

3 See sec. 10 (e) of P.L. 88-210, p. 242, for modification of this requirement.

See sec. 10 (d) of P.L. 88-210, p. 242, for modification of this requirement.

in the opinion of the Commissioner, are necessary for the efficient discharge of the provisions of this title.

(20 U.S.C. 15n) Enacted June 8, 1936, P.L. 673, 74th Cong., sec. 7, 49 Stat. 1490; amended Aug. 1, 1946, P.L. 586, 79th Cong., sec. 1, 60 Stat. 777; sec. 1 of P.L. 586, 79th Cong. redesignated Aug. 2, 1956 as Title I, sec. 101, by P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 925.

RESTRICTIONS AND CONDITIONS

SEC. 8. (a) No part of the appropriations made under authority of this title shall be expended in industrial-plant training programs, except such industrial-plant training be bona fide vocational training, and not a device to utilize the services of vocational trainees for private profit.

(b) After June 30, 1951, not more than 10 per centum of the amount appropriated for each of the purposes specified in section 3 (a) shall be used for the purchase or acquisition of equipment.

(20 U.S.C. 15p) Enacted Aug. 1, 1946, P.L. 586, 79th Cong., sec. 1, 60 Stat. 777, as sec. 8 of P.L. 673, 74th Cong.; sec. 1 of P.L. 586, 79th Cong., redesignated Aug. 2, 1956 as Title I, sec. 101, by P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 925.

APPROPRIATIONS FOR OFFICE OF EDUCATION

SEC. 9. For the purpose of carrying out the provisions of this title there is hereby authorized to be appropriated to the Office of Education, Department of Health, Education, and Welfare, for vocational education, for the fiscal year beginning July 1, 1937, and annually thereafter the sum of $350,000, to be expended for the same purposes and in the same manner as provided in section 7 of the Smith-Hughes Vocational Education Act, as amended October 6, 1917.

(20 U.S.C. 15q) Enacted Aug. 1, 1946, P.L. 586, 79th Cong., sec. 1, 60 Stat. 777 as sec. 9 of P.L. 673, 74th Cong.; amended April 11, 1953, 1953 Reorg. Plan No. 1, secs. 5, 8, 18 F.R. 2053, 67 Stat. 631; redesignated Aug. 2, 1956 as Title I, sec 101 by P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 925.

Title II-Vocational Education in Practical Nurse Training

AUTHORIZATION OF APPROPRIATION

SEC. 201. There is hereby authorized to be appropriated for the fiscal year ended June 30, 1957, and for each succeeding fiscal year, a sum not to exceed $5,000,000, for grants to States with State plans for practical nurse training pursuant to section 203.

(20 U.S.C. 15aa) Enacted Aug. 2, 1956, P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 925; amended April 24, 1961, P.L. 87-22, sec. 2, 75 Stat. 44; amended Dec. 18, 1963, P.L. 88-210, sec. 11(a) (1), 77 Stat. 411.

GRANTS TO STATES FOR PRACTICAL NURSE TRAINING

SEC. 202. (a) From the sums appropriated for any fiscal year pursuant to section 201, each State shall be entitled to an allotment of an amount bearing the same ratio to such sums as the total of the amounts apportioned under title I, and the Act of March 18, 1950

(20 U.S.C. 31-33), and the Act of August 1, 1956 (20 U.S.C. 34), to such State for such year bears to the total of the amounts so apportioned to all the States for such year. The allotment to any State under the preceding sentence for a fiscal year which is less than $10,000 (or, in the case of the Virgin Islands or Guam which is less than $5,000) 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 the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than that amount.

(b) The amount of any allotment to a State under subsection (a) for any fiscal year which the State certifies to the Commissioner will not be required for carrying out the State plan (if any) approved under this title, shall be available for reallotment from time to time, on such dates as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for such year. Any amount so realloted to a State shall be deemed part of its allotment under subsection (a).

(c) From each State's allotment under this section for any fiscal year, the Commissioner shall pay to such State a portion of the cost of carrying out the State plan approved under this title. To the extent permitted by the State's allotment under subsection (a) for any fiscal year, the portion of the cost of carrying out the State plan paid under this section shall be 75 per centum of such cost in the case of the fiscal year ending June 30, 1957, and the fiscal year ending June 30, 1958, and 50 per centum of such cost in the case of each succeeding fiscal year.

(20 U.S.C. 15bb) Enacted Aug. 2, 1956, P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 926; amended April 24, 1961, P.L. 87-22, sec. 3, 75 Stat. 44; amended Dec. 18, 1963, P.L. 88-210, sec. 11(a) (2), 77 Stat. 411.

STATE PLANS

SEC. 203. (a) To be approvable under this title, a State plan for practical nurse training shall

(1) designate the State board as the sole agency for the administration of the plan or for the supervision of administration of the plan by local educational agencies;

(2) provide that the individual supervising the functions of the State board under the plan shall be a registered professional nurse or shall have the consultative services of a registered professional nurse available to him;

(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;

(4) contain minimum qualifications for teachers, teacher-trainers, supervisors, and directors; and

(5) provide that the State board will make such reports, in such form and containing such information, as the Commissioner

may from time to time reasonably require to carry out his functions under this title, and comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports.

(b) The Commissioner shall approve any plan which he finds fulfills the conditions specified in subsection (a) of this section.

(c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this section, find that

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

(2) in the administration of the plan there is a failure to comply substantially with such a requirement; the Commissioner shall notify such State agency that no further payments will be made to the State from its allotments under section 202 (or, in his discretion, that further payments will not be made to the State for parts of the State plan affected by such failure), until he is satisfied that there will no longer be any such failure. Until he is so satisfied the Commissioner shall make no further payments to such State from its allotments under section 202 (or shall limit payments to parts of the State plan in which there is no such failure).

(d) (1) If any State is dissatisfied with the Commissioner's action under subsection (c) of this section, such State may appeal to the United States court of appeals for the circuit in which the State is located. The summons and notice of appeal may be served at any place in the United States.

(2) The findings of fact by the Commissioner, unless substantially contrary to the weight of the 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. Such new or modified findings of fact shall likewise be conclusive unless substantially contrary to the weight of the evidence.

(5) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254.

(20 U.S.C. 15cc) Enacted Aug. 2, 1956, P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 926; amended April 24, 1961, P.L. 87-22, sec. 4, 75 Stat. 44.

METHOD OF MAKING AND COMPUTING PAYMENTS

SEC. 204. The method of computing and paying amounts pursuant to section 202 shall be as follows: The Commissioner shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State under the provisions of such section for such period; and shall pay to the State, from the allotment available therefor, the amount so estimated by him for such period, reduced or increased, as the case may be, by any sum (not

previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under such section was greater or less than the amount which should have been paid to the State for such prior period under such section. Such payments shall be made in such installments as the Commissioner may determine.

(20 U.S.C. 15dd)

301, 70 Stat. 927.

Enacted Aug. 2, 1956, P.L. 911, 84th Cong., Title III, sec.

ADMINISTRATION

SEC. 205. (a) In carrying out his duties under this title, the Commissioner shall

(1) make studies, investigations, and reports with respect to matters relating to practical nurse training;

(2) cooperate with and render technical assistance to States in matters relating to practical nurse training; and

(3) disseminate information as to the studies, investigations, and reports referred to in paragraph (1) and other matters relating to practical nurse training.

(b) The Commissioner is authorized to make rules and regulations governing the administration of this title and to delegate to any officer or employee of the Office of Education such of his powers and duties, except the making of rules and regulations, as he finds necessary.

(20 U.S.C. 15ee) Enacted Aug. 2, 1956, P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 927.

ADVISORY COMMITTEES

SEC. 206. (a) The Commissioner is authorized to appoint an advisory committee or committees to advise him on matters of general policy in connection with the administration of this title.

(b) Members of any such committee who are not otherwise in the employ of the United States, while attending meetings or conferences of their committee or otherwise serving at the request of the Commissioner, shall be entitled to receive compensation at a rate to be fixed by the Secretary of Health, Education, and Welfare, but not exceeding $50 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel exepenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 736-2) for persons in the Government service employed intermittently.

(20 U.S.C. 15ff) Enacted Aug. 2, 1956, P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 928.

EFFECT ON OTHER LAWS

SEC. 207. Nothing in this title shall in any way affect the availability for practical nurse training of amounts paid the States under the Act of February 23, 1917 (39 Stat. 929) as amended and extended, or title I of this Act, as amended and extended.

(20 U.S.C. 15gg) Enacted Aug. 2, 1956, P.L. 911, 84th Cong., Title III, sec. 301, 70 Stat. 928.