Volume 80 · 1241
Public Law 89–752
To amend the Higher Education Facilities Act of 1963, the Higher Education Act of 1965, and the National Defense Education Act of 1958.
Approved November 3, 1966
Statutory text
AN ACT
To amend the Higher Education Facilities Act of 1963, the Higher Education Act of 1965, and the National Defense Education Act of 1958.
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 “Higher Education Amendments of 1966”.
Sec. 2. extension of grants for construction of undergraduate academic facilities
Section 101(a) of the Higher Education Facilities Act of 1963 is amended by striking out “four succeeding fiscal years” and inserting in lieu thereof “seven succeeding fiscal years”.
Section 101(b) of such Act is amended to read as follows:
For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $230,000,000 for the fiscal year ending June 30, 1964, and for the succeeding fiscal year, $460,000,000 for the fiscal year ending June 30, 1966, $475,000,000 for the fiscal year ending June 30, 1967, $728,000,000 for the fiscal year ending June 30, 1968, and $936,000,000 for the fiscal year ending June 30, 1969; but for the fiscal year ending June 30, 1970, and the succeeding fiscal year, only such sums may be appropriated as Congress may hereafter authorize by law. In addition to the sums authorized to be appropriated for each fiscal year for which an appropriation is authorized by the preceding sentence, there is hereby authorized to be appropriated for that fiscal year for making such grants the difference (if any) between any specific sums authorized to be appro-printed under the preceding sentence for the preceding fiscal year and the sums which were appropriated for such preceding year under such sentence.”
Section 102 of such Act is amended to read as follows:
“Sec. 102. “allotments
The following percentage of the funds appropriated pursuant to section 101 for a fiscal year shall be allotted among the States in the manner prescribed by section 103 for use in providing academic facilities for public community colleges and public technical institutes:
“(1) In the case of fiscal years ending before July 1, 1967, 22 per centum.
“(2) In the case of the fiscal year ending June 30, 1968, 23 per centum.
“(3) In the case of fiscal years ending after June 30, 1968, 24 per centum.
The remainder of the funds so appropriated for any fiscal year shall be allotted among the States in the manner as prescribed in section 104 for use in providing academic facilities for institutions of higher education other than public community colleges and public technical institutes.”
Sections 103(c) and 104(c) of such Act (relating to the reallotment
of appropriations) are each amended by striking out “for the fiscal year ending June 30, 1965, and the succeeding fiscal year,” and inserting in lieu thereof “for any fiscal year”.
Sec. 3. payments for administrative expenses and for planning
Subsection (b) of section 105 of the Higher Education Facilities Act of 1963 is amended to read as follows:
“(b) The Commissioner is authorized to expend not exceeding $3,000,000 during the fiscal years ending June 30, 1965, and June 30, 1966, and not exceeding $7,000,000 for the fiscal year ending June 30, 1967, and each of the two succeeding fiscal years, in such amounts as he may consider necessary (1) for the proper and efficient administration of the State plans approved under this title, and under part A of title VI of the Higher Education Act of 1965, including expenses which
he determines were necessary for the preparation of such plans, and (2) for grants, upon such terms and conditions as the Commissioner determines will best further the purposes of this Act, to State commissions for conducting, either directly or through other appropriate agencies and institutions, comprehensive planning to determine the construction needs of institutions (and particularly combinations and regional groupings of institutions) of higher education. Not more than $3,000,000 may be expended in any fiscal year for the purposes set forth in clause (1). For the fiscal year ending June 30, 1970, and the succeeding fiscal year, the Commissioner may expend for purposes of this subsection only such sums as Congress may hereafter authorize by law.”
Section 601 of the Higher Education Act of 1965 is amended (1) by striking out subsection (d) thereof and by redesignating subsection (e) as subsection (d), and (2) by striking out “subsections (b), (c), and (d)” in the subsection redesignated as subsection (d) and inserting in lieu thereof “subsections (b) and (c)”.
Sec. 4. extension of grants for construction of graduate academic facilities; extending availability of appropriations
Section 201 of the Higher Education Facilities Act of 1963 is amended to read as follows:
“Sec. 201. “appropriations authorized
In order to increase the supply of highly qualified personnel critically needed by the community, industry, government, research, and teaching, the Commissioner shall, during the fiscal year ending June 30, 1964, and each of the seven succeeding fiscal years, make construction grants to assist institutions of higher education to improve existing graduate schools and cooperative graduate centers, and to assist in the establishment of graduate schools and cooperative graduate centers of excellence. For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $25,000,000 for the fiscal year ending June 30, 1964, the sum of $60,000,000 for the fiscal year ending June 30, 1965, the sum of $120,000,000 for the fiscal year ending June 30, 1966, the sum of $60,000,000 for the fiscal year ending June 30, 1967, and the sum of $120,000,000 for the fiscal year ending June 30, 1968, and for the succeeding fiscal year; but for the fiscal year ending June 30, 1970, and the succeeding fiscal year, only such sums may be appropriated as Congress may hereafter authorize by law. In addition to the sums authorized to be appropriated for each fiscal year for which an appropriation is authorized by the preceding sentence, there is hereby authorized to be appropriated for that fiscal year for making such grants the difference (if any) between any specific sums authorized to be appropriated under the preceding sentence for the preceding fiscal year and the sums which were appropriated for such preceding year under such sentence. Sums appropriated pursuant to this title for any fiscal year shall remain available for grants under this title until expended.”
Sec. 5. extension of loans for construction of academic facilities
Section 303(c) of the Higher Education Facilities Act of 1963 is amended—
by striking out “four” in the first sentence and inserting “seven”;
by striking out in the second sentence “; but for the fiscal year ending June 30, 1967,” and inserting in lieu thereof “, the sum of $200,000,000 for the fiscal year ending June 30, 1967, and the sum of $400,000,000 for the fiscal year ending June 30, 1968, and for the succeeding fiscal year; but for the fiscal year ending June 30, 1970,”; and
by amending the third and fourth sentences to read as follows: “In addition to the sums authorized to be appropriated for each fiscal year for which an appropriation is authorized by the preceding sentence, there is hereby authorized to be appropriated for that fiscal year, for making such loans, the difference (if any) between any specific sums authorized to be appropriated under the preceding sentence for the preceding fiscal year and the sums which were appropriated for such preceding year under such sentence. Sums appropriated pursuant to this subsection for any fiscal year shall be available without fiscal-year limitations for loans under this title.”
Sec. 6. amendment to definition of development cost
Subsection (c) of section 401 of the Higher Education Facilities Act of 1963 is amended (1) by inserting “(1)” immediately after “(c)”, (2) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively, (3) by redesignating subclauses (A) and (B) as subclauses (i) and (ii), respectively, and (4) by adding at the end thereof the following new paragraph:
“(2) In determining the development cost with respect to an academic facility, the Commissioner may include expenditures for works of art for the facility of not to exceed 1 per centum of the total cost (including such expenditures) to the applicant of construction of, and land acquisition and site improvements for, such facility.”
Sec. 7. repeal of authority to prescribe a schedule of fees for certain inspections and related activities
The Higher Education Facilities Act of 1963 is amended by striking out subsection (b) of section 304 and by redesignating subsection (c) and references thereto as subsection (b).
Sec. 8. providing that academic facilities will be usable by handicapped persons
Section 401(a)(1) of the Higher Education Facilities Act of 1963 is amended by inserting after the period at the end thereof the following: “Plans for such facilities shall be in compliance with such standards as the Secretary of Health, Education, and Welfare may prescribe or approve in order to insure that facilities constructed with the use of Federal funds under this Act shall be, to the extent appropriate in view of the uses to be made of the facilities, accessible to and usable by handicapped persons.”.
Sec. 9. revision of maintenance of effort requirement for college library assistance
Effective for fiscal years beginning after June 30, 1966, clauses (a) and (b) of section 202 of the Higher Education Act of 1965 are each amended by inserting after “June 30, 1965” the following: “, or during the two fiscal years preceding the fiscal year for which the grant is requested, whichever is the lesser”.
Sec. 10. two-year extension of assistance to developing institutions
Paragraph (1) of section 301(b) of the Higher Education Act of 1965 is amended by inserting after “June 30, 1966,” the following: “the sum of $30,000,000 for the fiscal year ending June 30, 1967, and the sum of $55,000,000 for the fiscal year ending June 30, 1968,”.
Sec. 11. increase in minimum advances for reserve funds for insured loan program
The second sentence of section 422 (b) of the Higher Education Act of 1965 is amended to read as follows: “The amount available, however, for advances to any State for each fiscal year ending prior to July 1, 1968, shall not be less than $25,000, and any additional funds needed to meet this requirement shall be derived by proportionately reducing (but not. below $25,000 per year) the amount available for advances to each of the remaining States.”
Sec. 12. amendment to higher education act of 1905 to authorize the district of columbia to establish a loan insurance program for the purposes of such act and the national vocational student loan insurance act of 1965
The Higher Education Act of 1965 is further amended by inserting after section 435 a new section as follows:
“Sec. 436. “district of columbia student loan insurance program
(a) The Board of Commissioners of the District of Columbia is authorized (1) to establish a student loan insurance program which meets the requirements of this title and the National Vocational
20 USC 981 note.
Student Loan Insurance Act of 1965 for a State loan insurance program in order to enter into agreements with the Commissioner for the purposes of this title and such Act, (2) to enter into such agreements with the Commissioner, (3) to use amounts appropriated to such Board for the purposes of this section to establish a fund for such purposes and for expenses in connection therewith, and (4) to accept and use donations for the purposes of this section.
“(b) Notwithstanding the provisions of any applicable law, if the borrower, on any loan insured under the program established pursuant to this section, is a minor, any otherwise valid note or other written agreement executed by him for the purposes of such loan shall create a binding obligation.
“(c) There are authorized to be appropriated to such Board such amounts as may be necessary for the purposes of this section.”
Sec. 13. study to determine means of improving loan insurance program
The Commissioner of Education shall make an investigation and study to determine means of improving the loan insurance program pursuant to part B of title IV of the Higher Education Act of
Report to President and Congress.
1965, particularly for the purpose of making loans insured under such program more readily available to students. The Commissioner shall report the results of such investigation and study, together with his recommendations for any legislation necessary to carry out such improvements, to the President and the Congress no later than January 1, 1968.
Sec. 14. revision of maintenance of effort requirement for college equipment program
Effective with respect to applications filed after December 30, 1966, section 604(b) of the Higher Education Act of 1965 is amended by striking out the second sentence and inserting in lieu thereof the following: “An institution of higher education shall be eligible for a grant for a project pursuant to this part in any fiscal year only if such institution will expend from current funds for instructional and library purposes, other than personnel costs, during such fiscal year an amount not less than the amount expended by such institution from current funds for such purposes during the previous fiscal year.”
Sec. 15. increase in authorizations for federal capital contributions for national defense student loans
Section 201 of the National Defense Education Act of 1958
is amended by striking out “and $195,000,000 for the fiscal year ending June 30, 1968” and inserting in lieu thereof “and $225,000,000 for the fiscal year ending June 30, 1968”.
Sec. 16. loan cancellation for teaching handicapped children. and for teaching in the trust territory of the pacific islands
Section 205(b) (3) of the National Defense Education Act of 1958 is amended by striking out “and (B) for the purposes of
any cancellation pursuant to clause (A)” and inserting in lieu thereof the following: “(B) such rate shall be 15 per centum for each complete academic year or its equivalent (as so determined by regulations) of service as a full-time teacher of handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed or other health impaired children who by reason thereof require special education) in a public or other nonprofit elementary or secondary school system, and (C) for the purposes of any cancellation pursuant to clause (A) or (B)”.
Section 103(a) of such Act is amended by inserting after “except
that” the following:
“(1) as used in section 205(b)(3) such term includes the Trust Territory of the Pacific Islands, and (2) ”.
The amendments made by this section shall apply with respect
Effective date.
to teaching service performed during academic years beginning after the date of enactment of this Act, whether the loan was made before or after such enactment.
Sec. 17. assistance in industrial arts added to title iii of national defense education act of 1958
Effective for fiscal years beginning after June 30, 1967, clauses (1) and (5) of section 303(a) of the National Defense Education Act of 1958 are each amended by inserting “industrial arts,” after “economics,”.
Section 301 of such Act is amended by striking out “and
$100,000,000 for the fiscal year ending June 30, 1966, and for each of the two succeeding fiscal years” and inserting in lieu thereof “$100,000,000 for the fiscal year ending June 30, 1966, and for the succeeding fiscal year and $110,000,000 for the fiscal year ending June 30, 1968”.
Approved November 3, 1966.