and administrators of handicapped children significant information derived from educational research, demonstration, and similar projects, and for adopting, where appropriate, promising educational practices developed through such projects.

(20 U.S.C. 874) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1205.

PAYMENTS

SEC. 605. From the amounts allotted to each State under section 603, the Commissioner shall pay to that State an amount equal to the amount expended by the State in carrying out its State plan. These payments may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.

(20 U.S.C. 875) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1207.

ADMINISTRATION OF STATE PLANS

SEC. 606. (a) The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State agency administering the plan reasonable notice and opportunity for a hearing.

(b) Whenever the Commission, after reasonable notice and opportunity for hearing to such State agency, finds

(1) that the State plan has been so changed that it no longer complies with the provisions of section 604, or

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

the Commissioner shall notify such State agency that the State will not be regarded as eligible to participate in the program under this title until he is satisfied that there is no longer any such failure to comply.

(20 U.S.C. 876) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1207.

JUDICIAL REVIEW

SEC. 607. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under section 604 or with his final action under section 606(b), such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. 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, United States Code.

(b) The findings of fact by the Commissioner, 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 certify to the court the record of the further proceedings. Such new or modi

fied findings of fact shall likewise be conclusive if supported by substantial evidence.

(c) 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 section 1254 of title 28, United States Code.

(20 U.S.C. 877) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1207.

NATIONAL ADVISORY COMMITTEE ON HANDICAPPED CHILDREN

SEC. 608. (a) The Commissioner shall establish in the Office of Education a National Advisory Committee on Handicapped Children, consisting of the Commissioner, who shall be Chairman, and not more than twelve additional members, not less than 50 per centum of whom shall be persons affiliated with educational, training, or research programs for the handicapped, appointed by the Commissioner without regard to the civil service laws.

(b) The Advisory Committee shall review the administration and operation of this Act, title II of Public Law 874, Eighty-first Congress, and other provisions of law administered by the Commissioner, with respect to handicapped children, including their effect in improving the educational attainment of such children, and make recommendations for the improvement of such administration and operation with respect to such children. These recommendations shall take into consideration experience gained under this and other Federal programs for handicapped children and, to the extent appropriate, experience gained under other public and private programs for handicapped children. The Advisory Committee shall from time to time make such recommendations as it may deem appropriate to the Commissioner and shall make an annual report of its findings and recommendations to the Commissioner not later than January 31 of 1968 and each fiscal year thereafter. The Commissioner shall transmit each such report to the Secretary together with his comments and recommendations, and the Secretary shall transmit such report, comments, and recommendations to the Congress together with any comments or recommendations he may have with respect thereto.

(c) Members of the Advisory Committee who are not regular full-time employees of the United States shall, while serving on business of the Committee, be entitled to receive compensation at rates fixed by the Commissioner, but not exceeding $100 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in Government service employed intermittently.

(d) The Commissioner may, at the request of the Advisory Committee, appoint such special advisory professional or technical personnel as may be necessary to enable the Advisory Committee to carry out its duties.

(20 U.S.C. 878) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1207.

BUREAU FOR EDUCATION AND TRAINING OF THE HANDICAPPED

SEC. 609. The Commissioner shall establish at the earliest practicable date not later than July 1, 1967, and maintain within the Office of Education a bureau for the education and training of the handicapped which shall be the principal agency in the Office of Education for administering and carrying out programs and projects relating to the education and training of the handicapped, including programs and projects for the training of teachers of the handicapped and for research in such education and training.

(20 U.S.C. 879) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1208.

LABOR STANDARDS

SEC. 610. All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

(20 U.S.C. 880) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1208.

LEGISLATIVE HISTORY

(P.L. 89-750)

House Reports: No. 1814, 1814 pt. II (Committee on Education and Labor) and No. 2309 (Committee of Conference).

Senate Report No. 1674 accompanying S. 3046 (Committee on Labor and Public Welfare).

Congressional Record, volume 112 (1966):

October 5: Considered in House.

October 6: Considered and passed House.

October 5, 6: S. 3046 considered and passed Senate.

October 7: Considered and passed Senate, amended, in lieu of S. 3046.

October 19: Senate agreed to conference report.

October 20: House agreed to conference report.

Approved: November 3, 1966.

Grants for Teaching in the Education of Handicapped

Children

(P.L. 85-926)

AN ACT

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 Act 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 and traineeships with such stipends as may be determined by the Commissioner of Education.

(20 U.S.C. 611) Enacted Sept. 6, 1958, P.L. 85-926, sec. 1, 72 Stat. 1777; amended Oct. 31, 1963, P.L. 88–164, Title III, sec. 301(a)(1)−(3), (b), 77 Stat. 294.

SEC. 2. 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.

(20 U.S.C. 612) Enacted Sept. 6, 1958, P.L. 85-926, sec. 2, 72 Stat. 1777; amended Aug. 14, 1959, P.L. 86-158, Title II, sec. 201, 73 Stat. 346; amended Oct. 31, 1963, P.L. 88-164, Title III, sec. 301 (a) (3), 77 Stat. 294.

SEC. 3. Payments of grants pursuant to this Act 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.

(20 U.S.C. 613) Enacted Sept. 6, 1958, P.L. 85-926, sec. 3, 72 Stat. 1777; amended Oct. 31, 1963, P.L. 88-164, Title III, sec. 301 (a) (4), 77 Stat. 294.

SEC. 4. Each State educational agency and each public or other nonprofit institution of higher education which receives a grant under this Act during a fiscal year shall after the end of such fiscal year submit a report to the Commissioner of Education. Such report shall contain a detailed financial statement showing the purposes for which the funds granted under this Act were expended.

(20 U.S.C. 614) Enacted Sept. 6, 1958, P.L. 85-926, sec. 4, 72 Stat. 1777. SEC. 5. For purposes of this Act

(a) The term "nonprofit institution" means an institution owned and operated by one or more 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.

(b) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for State supervision of public elementary and secondary schools in the State. (c) The term "State" includes the Commonwealth of Puerto Rico, the Virgin Islands, the District of Columbia, Guam, and American Samoa.

(20 U.S.C. 615) Enacted Sept. 6, 1958, P.L. 85-926, sec. 5, 72 Stat. 1777; amended Aug. 4, 1965, P.L. 89-105, sec. 7, 79 Stat. 430.

SEC. 6. The Commissioner of Education is authorized to delegate any of his functions under this Act, except the making of regulations, to any officer or employee of the Office of Education.

(20 U.S.C. 616) Enacted Sept. 6, 1958, P.L. 85-926, sec. 6, 72 Stat. 1777.

SEC. 7. There are authorized to be appropriated for carying out this Act $19,500,000 for the fiscal year ending June 30, 1966; $29,500,000 for the fiscal year ending June 30, 1967; $34,000,000 for the fiscal year ending June 30, 1968; and $37,500,000 for the fiscal year ending June 30, 1969.

(20 U.S.C. 617) Enacted Sept. 6, 1958, P.L. 85-926, sec. 7, 72 Stat. 1777; amended Oct. 31, 1963, P.L. 88-164, Title III, sed. 301(a) (4), 77 Stat 294: amended Aug. 4, 1965, P.L. 89-105, sec. 8, 79 Stat. 430.

Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963

(P.L. 88-164)

AN ACT To provide assistance in combating mental retardation through grants for construction of research centers and grants for facilities for the mentally retarded and assistance in improving mental health through grants for construction of community mental health centers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963".

Title III-Training of Teachers of Mentally Retarded and Other Handicapped Children

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RESEARCH AND DEMONSTRATION PROJECTS IN EDUCATION OF

HANDICAPPED CHILDREN

SEC. 302. (a) There is authorized to be appropriated $6,000,000 for the fiscal year ending June 30, 1966; $9,000,000 for the fiscal year ending June 30, 1967; $12,000,000 for fiscal year ending June 30, 1968; and $14,000,000 for fiscal year ending June 30, 1969, to enable the Commissioners 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 (hereunder 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) 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.