general provisions

general provisions Sec. 401. (a) Title IV of the Elementary and Secondary Education Amendments of 1967 is amended in the following respects: (1) The heading of such title is amended to read as follows: “TITLE IV— GENERAL PROVISIONS CONCERNING EDUCATION”. (2) Section 401 of such title is amended— (A) by adding at the end of the caption head “; definitions; appropriations: short title”, and (B) by inserting “(a)” after “Sec. 401.” and adding at the end thereof the following new subsections: “(b) For the purposes of this title, the term— “(1) ‘Commissioner’ means the Commissioner of Education; “(2) Secretary’ means the Secretary of Health, Education, and Welfare; and “(3) ‘applicable program’ means a program to which this title is applicable. 84 Stat. 165 “(c) There are hereby authorized to be appropriated, for any fiscal year, as pa it of the appropriations for salaries and expenses for the Office of Education, such sums as the Congress may determine to be necessary to carry out the provisions of this title. “(d) This title may be cited as the ‘General Education Provisions Act’.”. (3) Section 402 of such title is amended to read as follows: “program planning and evaluation “Sec. 402. (a) Sums appropriated pursuant to section 401 (c) may include for any fiscal year for which appropriations are otherwise authorized under any applicable program not to exceed $25,000,000 which shall be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, contracts, or other payments, for (1) planning for the succeeding year for any such program, and (2) evaluation of such programs. “(b) No later than July 31 of each calendar year, the Secretary shall transmit to the respective committees of the Congress having legislative jurisdiction over any applicable program a report containing (1) a brief description of each contract or grant for evaluation of such program or programs (whether or not such contract or grant was made under this section), any part of the performance of which occurred during the preceding fiscal year, (2) the name of the firm or individual who is to carry out the evaluation, and (3) the amount to be paid under the contract or grant.” (4) Section 403 of such title is amended by striking out “Act referred to in section 401” and inserting in lieu thereof “applicable program” and by striking out “under any such Act” and inserting in lieu thereof “under such program”. (5) Section s 404 and 405 of such title are amended by striking out “Act referred to in section 401” and inserting in lieu thereof “applicable program”. (6) Section 404 of such title is amended— (A) in the caption head thereof, by striking out “and” and inserting in lieu thereof a semicolon and by inserting “contingent extension of expiring appropriation authority” at the end thereof: and (B) by inserting at the end thereof the following new subsection: “(c) Unless the Congress— (1) in the regular session in which a comprehensive evaluation report required by subsection (b) is submitted to Congress, has passed or formally rejected legislation extending the authorization for appropriations then specified for any title, part, or section of law to which such evaluation relates, or (2) prior to July 1, 1973, by action of either House approves a resolution stating that the provisions of this subsection shall no longer apply, such authorization is hereby automatically extended, at the level specified for the terminal year of such authorization for one fiscal year beyond such terminal year, as specified in such legislation.”. (7) Section 405 of such title is amended by inserting “loans,” after “grants,”. (8) Section 405 of such title is further amended by inserting “(a)” after “Sec. 405.” and by inserting at the end thereof the following new subsection: “(b) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this title is84 Stat. 166 applicable during any fiscal year, ending prior to July 1, 1973, which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year.”. (9) Section 406 of such title is amended by inserting “and expenditure” after “obligation”. (10) Such title is further amended by inserting after section 401 the following heading: “Part A—Appropriations and Evaluations” and by adding at the end thereof the following new parts: “Part B— General Requirements and Conditions Concerning tile Operation and Administration op Education Programs; General Authority of the Commissioner of Education “Subpart 1— General Authority “delegation of authority; utilization of other agencies “Sec. 411. (a) The Commissioner is authorized to delegate any of his functions under any applicable program, except the making of regulations and the approval of State plans, to any officer or employee of the Office of Education. “(b) In administering any applicable program, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement, as may be agreed upon. “collection and dissemination of information “Sec. 412. (a) The Commissioner shall— “(1) prepare and disseminate to State and local educational agencies and institutions information concerning applicable programs and cooperate with other Federal officials who administer programs affecting education in disseminating information concerning such programs; “(2) inform the public on federally supported education programs; “(3) collect data and information on applicable programs for the purpose of obtaining objective measurements of the effectiveness of such programs in achieving their purposes; and “(4) prepare and publish an annual report (to be referred to as ‘the Commissioner’s annual report’) on (A) the condition of education in the nation, (B) developments in the administration, utilization, and impact of applicable programs, (C) results of investigations and activities by the Office of Education, and (D) such facts and recommendations as will serve the purpose for which the Office of Education is established (as set forth in section 516 of the Revised Statutes (20U.S.C. 1)). “(b) The Commissioners annual report, shall be submitted to the Congress not later than March 31 of each calendar year. The Commissioner’s annual report shall be made available to State and local educational agencies and other appropriate agencies and institutions and to the general public. “(c) The Commissioner is authorized to enter into contracts with public or private agencies, organizations, groups, or individuals to carry out the provisions of this section. 84 Stat. 167 “catalog of federal education assistance programs “Sec. 413. The Commissioner shall prepare and make available in such form as he deems appropriate a catalog of all Federal education assistance programs whether or not such programs are administered by him. The catalog shall— “(1) identity each such program, and include the name of the program, the authorizing statute, the specific Federal administering officials, and a brief description of such program; “(2) set forth the availability of benefits and eligibility restrictions in each such program; “(3) set forth the budget requests for each such program, past appropriations, obligations incurred, and pertinent financial information indicating (A) the size of each such program for selected fiscal years, and (B) any funds remaining available; “(4) set forth the prerequisites, including the cost to the recipient, of, receiving assistance under each such program, and any duties required of the recipient after receiving benefits; “(5) identify appropriate officials, in Washington, District of Columbia, as well as in each State and locality (if applicable), to whom application or reference for information for each such program may be made; “(6) set forth the application procedures; “(7) contain a detailed index designed to assist the potential beneficiary in identifying all education assistance programs related to a particular need or category of potential beneficiaries; “(8) contain such other program information and data as the Commissioner deems necessary or desirable in order to assist the potential program beneficiary to understand and take advantage of each Federal education assistance program; and “(9) be transmitted to Congress with the Commissioner’s annual report. “technical assistance “Sec. 414. (a) For the purpose of carrying out more, effectively Federal education programs, the Commissioner is authorized, upon request, to provide advice, counsel, and technical assistance to State educational agencies, institutions of higher education, and, with the approval of the appropriate State educational agency, elementary and secondary schools— “(1) in determining benefits available to them under Federal law; “(2) in preparing applications for, and meeting requirements of, applicable programs; “(3) in order to enhance the quality, increase the depth, or broaden the scope of activities under applicable programs; and “(4) in order to encourage simplification of applications, reports, evaluations, and other administrative procedures. “(b) The Commissioner shall permit local educational agencies to use organized and systematic approaches in determining cost allocation, collection, measurement, and reporting under any applicable program, if he determines (1) that the use of such approaches will not in any manner lessen the effectiveness and impact of such program in achieving purposes for which it is intended, (2) that the agency will use such procedures as will insure adequate evaluation of each of the programs involved, and (3) that such approaches are consistent with criteria prescribed by the Comptroller General of the United States for the purposes of audit. For the purpose of this subsection a cost is allocable to a particular cost objective to the extent of relative benefits received by such objective. 84 Stat. 168 “(c) The Commissioner’s annual report shall contain a statement of the Commissioner’s activities under this section. “parental involvement a no dissemination “Sec. 415. In the case of any applicable program in which the Commissioner determines that parental participation at the State or local level would increase the effectiveness of the program in achieving its purposes, he shall promulgate regulations with respect to such program setting forth criteria designed to encourage such participation. If the program for which such determination provides for payments to local educational agencies, applications for such payments shall— “(1) set forth such policies and procedures as will ensure that programs and projects assisted under the application have been planned and developed, and will be operated, in consultation with, and with the involvement of, parents of the children to be served by such programs and projects; “(2) be submitted with assurance that such parents have had an opportunity to present their views with respect to the application; and “(3) set forth policies and procedures for adequate dissemination of program plans and evaluations to such parents and the public. “use of funds withheld for failure to comply with other provisions of federal law “Sec. 416. At any time that the Commissioner establishes an entitlement, or makes an allotment or reallotment to any State, under any applicable program, he shall reduce such entitlement, allotment, or reallotment by such amount as he determines it would have been reduced, had the data on which the entitlement, allotment, or reallotment is based excluded all data relating to local educational agencies of the State which on the date of the Commissioners action are ineligible to receive the Federal financial assistance involved because of a failure to comply with title VI of the Civil Rights Act of 1964. Any appropriated funds which will not be paid to a State as a result of the preceding sentence may be used by the Commissioner for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964. “authority to furnish information “Sec. 417. (a) The Commissioner is authorized to furnish transcripts or copies of tables and other records of the Office of Education to, and to make special statistical compilations and surveys for, State or local officials, private organizations, or individuals. Such statistical compilations and surveys shall be made subject to the payment of the actual or estimated cost of such work. In the case of nonprofit organizations or agencies the Commissioner may engage in joint statistical projects, the cost of which shall be shared equitably as determined by the Commissioner, provided that the purposes are otherwise authorized by law. “(b) All moneys received in payment for work or services enumerated under this section shall be deposited in a separate account which may be used to pay directly the costs of such work or services, to repay appropriations which initially bore all or part of such costs, or to refund excess sums when necessary. 84 Stat. 169 “Subpart 2— Administration: Requirements and Limitations “rules: requirements and enforcement “Sec. 421. (a) Rules, regulations, guidelines, or other published interpretations or orders issued by the Department of Health, Education, and Welfare or the Office of Education, or by any official of such agencies, in connection with, or affecting, the administration of any applicable program shall contain immediately following each substantive provision of such rules, regulations, guidelines, interpretations, or orders, citations to the particular section or sections of statutory law or other legal authority upon which such provision is based. “(b) No standard, rule, regulation, or requirement of general applicability prescribed for the administration of any applicable program may take effect until thirty days after it is published in the Federal Register. “(c) AU such rules, regulations, guidelines, interpretations, or orders shall be uniformly applied and enforced throughout the fifty States. “prohibition against federal control of education “Sec. 422. No provision of the Act of September 30, 1950, Public Law 874, Eighty-first Congress; the National Defense Education Act of 1958; the Act of September 23, 1950, Public Law 815, Eighty-first Congress; the Higher Education Facilities Act of 1903; the Elementary and Secondary Education Act of 1905; the Higher Education Act of 1965; the International Education Act of 1966; or the Vocational Education Act of 1963 shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance. “labor standards “Sec. 423. Except for emergency relief under section 7 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), all laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling 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). “records and audit “Sec. 424. (a) Each recipient of funds from a grant or contract under any applicable program shall keep such records as the Commissioner shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant or contract is given or used, and the amount of that portion84 Stat. 170 of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. “(b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the grant or contract received under any applicable program. “payments “Sec. 425. Payments pursuant to grants or contracts under any applicable program may lie. made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Commissioner may determine. “authority to vest title to equipment “Sec. 426. The authority of the Commissioner of Education to make a grant to or contract with a local educational agency or State educational agency as such agencies are defined in sections 801(f) and 801(k) of the Elementary and Secondary Education Act of 1965, under any applicable program, shall include discretionary authority, whenever he determines that it would be in the public interest., to vest title to equipment purchased with grant or contract funds in such agency (or waive accountability to the United States for such equipment) without further obligation to the Government or on such terms or conditions as the Commissioner deems appropriate. The authority provided by this section shall be applicable to equipment purchased with funds provided by grants or contracts made on, be fore, or after the date of the enactment of this section. “Part C— Advisory Councils “definitions “Sec. 431. As used in this part, the term— “(1) ‘advisory council’ means any committee, board, commission, council, or other similar group (A) established or organized pursuant to any applicable statute, or (B) established under the authority of section 432; but such term does not include State advisory councils or commissions established pursuant to any such statute; “(2) ‘statutory advisory council’ means an advisory council established by, or pursuant to, statute to advise and make recommendations with respect to the administration or improvement of an applicable program or other related matter; “(3) ‘nonstatutory advisory council’ means an advisory council which is (A) established under the authority of section 432, or (B) established to advise and make recommendations with respect to the approval of applications for grants or contracts as required by statute; “(4) ‘Presidential advisory council’ means a statutory advisory council, the members of which are appointed by the President; “(5) Secretarial advisory council’ means a statutory advisory council, the members of which are appointed by the Secretary; “(6) ‘Commissioner’s advisory council’ means a statutory advisory council, the members of which are appointed by the Commissioner; “(7) ‘applicable statute’ means any statute (or title, part, or section thereof) which authorizes an applicable program or controls the administration of any such program. 84 Stat. 171 “authorization for necessary advisory councils “Sec. 432. (a) The Commissioner is authorized to create, and appoint the members of, such advisory councils as he determines in writing to be necessary to advise him with respect to— “(1) the organization of the Office of Education and its conduct in the administration of applicable programs; “(2) recommendations for legislation regarding education programs and the means by which the educational needs of the Nation may be met; and “(3) special problems and areas of special interest in education. “(b) Each advisory council created under the authority of subsection (a) shall terminate not later than one year from the date of its creation unless the Commissioner determines in writing not more than thirty days prior to the expiration of such one year that its existence for an additional period, not to exceed one year, is necessary in order to complete the recommendations or reports for which it was created. “(c) The Commissioner shall include in his report submitted pursuant to section 438 a statement on all advisory councils created or extended under the authority of this section and their activities, “membership and reports of statutory advisory councils “Sec. 433. Notwithstanding any other provision of law unless expressly in limitation of the provisions of this section, each statutory advisory council— “(1) shall be composed of the number of members provided by statute who may be appointed, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, and shall serve for terms of not to exceed three years, which in the case of initial members, shall be staggered: and “(2) shall make an an mud report of its activities, findings and recommendations to the Congress not later than March 31 of each calendar year, which shall be submitted with the Commissioner’s annual report. The Commissioner shall not serve as a member of any such advisory council. “compensation of members of advisory councils “Sec. 434. Members of all advisory councils to which this part is applicable who are not in the regular full-time employ of the United States shall, while attending meetings or conferences of the advisory council or otherwise engaged in the business of the advisory council, be entitled to receive compensation at a rate fixed by the Commissioner, but not exceeding the rate specified at the time of such service for grade GS–18 in section 5332 of title 5, United States Code, including traveltime, and while so serving on the business of the advisory council 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, United States Code, for persons employed intermittently in the Government service. “professional, technical, and clerical staff; technical assistance “Sec. 435. (a) Presidential advisory councils are authorized to appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, or otherwise obtain the services of, such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions, as prescribed by law. 84 Stat. 172 “(b) The Commissioner shall engage such personnel and technical assistance as may be required to permit Secretarial and Commissioner’s advisory councils to carry out their functions as prescribed by law. “(c) Subject to regulations of the Commissioner, Presidential advisory councils are authorized to procure temporary and intermittent services of such personnel as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS–18 in section 5332 of such title. “meetings of advisory councils “Sec. 436. (a) Each statutory advisory council shall meet at the call of the chairman thereof but not less than two times each year. Nonstatutory advisory councils shall meet in accordance with regulations promulgated by the Commissioner. “(b) Minutes of each meeting of each advisory council shall be kept and shall contain a record of the persons present, a description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory council. Tire accuracy of all minutes shall be certified to by the chairman of the advisory council. “auditing and review of advisory council activities “Sec. 437. (a) Each statutory advisory council shall be subject to such general regulations as the Commissioner may promulgate respecting the governance of statutory advisory councils and shall keep such records of its activities as will fully disclose the disposition of any funds which may be at its disposal and the nature and extent of its activities in carrying out its functions. “(b) The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of each statutory advisory council. “report by the commissioner of education “Sec. 438. (a) Not later than March 31 of each calendar year after 1970, the Commissioner shall submit, as a part of the Commissioner’s annual report, a report on the activities of the advisory councils which are subject to this part to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives. Such report shall contain, at least, a list of all such advisory councils, the names and affiliations of their members, a description of the function of each advisory council, and a statement of the dates of the meetings of each such advisory council. “(b) If the Commissioner determines that a statutory advisory council is not needed or that the functions of two or more statutory advisory councils should be combined, he shall include in the report a recommendation that such advisory council be abolished or that such functions be combined. Unless there is an objection to such action by either the Senate or the House of Representatives within ninety days after the submission of such report, the Commissioner is authorized to abolish such advisory council or combine the functions of two or more advisory councils as recommended in such report.”. (b) Section s 1207. 1208, 1209, and 1210 of the Higher Education Act of 1965 (as added by Public Law 90–575) are superseded by part A of title IV of Public Law 90–247 and are hereby repealed. 84 Stat. 173 (c) The following provisions of law relating to the delegation of functions and utilization of the services of other agencies by the Office of Education are superseded by section 411 of Public Law 90–247 and are hereby repealed: (1) The third sentence of subsection (a) of section 302 of the Act of September 30, 1950, Public Law 874, Eighty-first Congress (20 U.S.C. 243(a)); (2) Subsections (a) and (b) of section 803 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 883 (a) and (b)); (3) Subsection (a) of section 13 of the Act of September 23, 1950, Public Law 815, Eighty-first Congress (20 U.S.C. 643(a)); (4) Subsections (a) and (b) of section 1001 of the National Defense Education Act of 1958 (20 U.S.C. 581 (a), (b)); (5) Section 1203 of the Higher Education Act of 1965 (20 U.S.C. 1143); (6) Subsections (a) and (b) of section 402 of the Higher Education Facilities Act of 1963 (20 U.S.C. 752 (a), (b)); (7) Subsection (b) of section 103 of the International Education Act of 1966 (20 U.S.C. 1174(b)); and (d) The following provisions of law concerning dissemination of information and reports by the Commissioner of Education are superseded by sections 412, 413, and 414 of Public Law 90–247 and are hereby repealed: (1) Section 518 of the Revised Statutes of the United States (20 U.S.C. 4); (2) The sixth paragraph under the heading “Department of Education” in the material relating to the Department of the Interior in the Act of May 28, 1896, making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1897, and for other purposes, which authorizes the Commissioner of Education to prepare and publish a bulletin concerning the condition of education (20 U.S.C. 3); (3) Section 303 of Public Law 90–576 (20 U.S.C. 6); (4) Section 806 of the. Elementary and Secondary Education Act of 1965 (20 U.S.C. 886); and (5) Section 1206 of the Higher Education Act of 1965 (20 U.S.C. 1146). (e) The following provisions of law concerning requirements for rules and regulations for education programs are superseded by section 421 of Public Law 90–247 and are hereby repealed: (1) Section 2 of Public Law 90–247 (20 U.S.C. 888); and (2) Section 505 of Public Law 90–575 (20 U.S.C. 1001, note). (f) The following provisions of law concerning Federal control of education are superseded by section 422 of Public Law 90–247 and are hereby repealed: (1) Subsection (g) of section 6 and subsection (a) of section 301 of the Act of September 30, 1950, Public Law 874, Eighty-first Congress (20 U.S.C. 241 (g), 242(a)); (2) Section 102 of the National Defense Education Act of 1958 (20 U.S.C. 402); (3) Subsection (a) of section 12 of the Act of September 23, 1950, Public Law 815, Eighty-first Congress (20 U.S.C. 642(a)); (4) Section 407 of the Higher Education Facilities Act of 1963 (20 U.S.C. 757); (5) Section 804 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 884); (6) Subsection (a) of section 1204 of the Higher Education Act of 1965 (20 U.S.C. 1144(a)); 84 Stat. 174 (7) Section 104 of the International Education Act of 1066 (20 U.S.C. 1175); (8) Section 105 of the Vocational Education Act of 1963 (20 U.S.C. 1245). (g) The following provisions of law concerning the payment of wages at prevailing rates on federally assisted construction projects are superseded by section 423 of Public Law 90–247 and are hereby repealed: (1) Section 145 of title I of the Elementary and Secondary Education Act of 1965, as redesignated by this Act (20 U.S.C. 241i); (2) Subsection (c) of section 4 of the Act of July 26, 1954, Public Law 531, Eighty-third Congress (20 U.S.C. 332a(c)); (3) Subsection (a)(4) of section 203 of the Library Services and Construction Act (20 U.S.C. 355c(a)(4)), and subsection (a)(3) of such section is amended by striking out the semicolon and the word “and” and at the end thereof inserting in lieu thereof a period; (4) Subsection (b)(1)(E) of section 6 and subsection (d) of section 12 of the Act of September 23, 1950, Public Law 815, Eighty-first Congress (20 U.S.C. 636(b)(1)(E), 642(d)); (5) Section 709 (as redesignated by section 152 of this Act) of the Elementary and Secondary Education Act of 1965 (20 U.S.C 880b–6); and (6) Section 106 of the Vocational Education Act of 1963 (20 U.S.C. 1246). (h) The following provisions of law concerning advisory councils and committees are superseded by part C of title IV of Public Law 90–247 and are hereby repealed: (1) Subsection (d) of section 761 and sections 1002 and 1003 of the National Defense Education Act of 1958 (20 U.S.C. 561(d), 582, 583); (2) Subsection (c) of section 402 of the Higher Education Facilities Act of 1963 (20 U.S.C. 752(c)); (3) Subsections (c), (d),and (e) of section 510, subsection (c) of section 708, and section 802 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 870 (c), (d), (e), 880b–5(c), 882); (4) Subsections (d) and (e) of section 109, subsection (c) of section 205, subsection (c) of section 224, subsection (c) of section 303, subsections (c) and (d) of section 469, subsections (d) and (e) of section 502, and subsections (c) and (d) of section 1205 of the Higher Education Act of 1965 (20 U.S.C. 1009 (d), (e), 1025(e), 1034(c), 1053(c), 1089(c), 1091a (d), (e), 1145 (c), (d)); (5) Subsections (c) and (d) of section 106 of the International Education Act of 1966 (20 U.S.C. 1177(c), (d)); (6) Paragraph (3) of subsection (a) of section 104 of the Vocational Education Act of 1963 (20 U.S.C. 1244(a)(3)).