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Volume 83 · 103

Public Law 91–61

To amend Public Law 85–905 to provide for a National Center on Educational Media and Materials for the Handicapped, and for other purposes.

Approved August 20, 1969

Statutory text

AN ACT

To amend Public Law 85–905 to provide for a National Center on Educational Media and Materials for the Handicapped, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act of September 2, 1958 (Public Law 85–905) is amended—

(1)

in section 3, by adding at the end thereof the following new subsection:

“(c)
(1)

The Secretary is authorized to enter into an agreement with an institution of higher education for the establishment and operation (including construction) of a National Center on Educational Media and Materials for the Handicapped, which will provide a comprehensive program of activities to facilitate the use of new educational technology in education programs for handicapped persons, including designing and developing, and adapting instructional materials, and such other activities consistent with the purposes of this Act as the Secretary may prescribe in the agreement. Such agreement shall—

“(A)

provide that Federal funds paid to the Center will be used solely for such purposes as are set forth in the agreement;

“(B)

authorize the Center, subject to the Secretary’s prior approval, to contract with public and private agencies and organizations for demonstration projects;

“(C)

provide for an annual report on the activities of the Center which will be transmitted to the Congress;

“(D)

provide that any laborer or mechanic employed by any contractor or subcontractor in performance of work on any construction aided by Federal funds under this subsection will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in

49 Stat. 1011; 78 Stat. 238.

accordance with the Davis-Bacon Act (40 U.S.C. 276a–276a–5); and the Secretary of Labor shall have, with respect to the labor standards specified in this clause, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R.

64 Stat. 1267.

63 Stat. 108.

3176; 5 U.S.C. 133z–15) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).

“(2)

In considering proposals from institutions of higher education to enter into an agreement under this subsection, the Secretary shall give preference to institutions—

“(A)

which have demonstrated the capabilities necessary for the development and evaluation of educational media for the handicapped; and

“(B)

which can serve the educational technology needs of the Model High School for the Deaf (established under Public Law 89–694).

80 Stat. 1027.

D.C. Code 31–1051 note.

Termination of agreement.

“(3)

If within twenty years after the completion of any construction (except minor remodeling or alteration) for which such funds have been paid—

“(A)

the facility ceases to be used for the purposes for which it was constructed or the agreement is terminated, unless the Secretary determines that there is good cause for releasing the institution from its obligation, or

“(B)

the institution ceases to be the owner of the facility,

the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated.”;

(2)

in section 2, by adding at the end thereof the following:

79 Stat. 983; 81 Stat. 805.

“(5)

The term ‘construction’ means the construction and initial

42 USC 2492.

“Construction.”

equipment of new buildings, including architect’s fees, but excluding the acquisition of land.”; and

(3)

in section 4, by striking out “and” after “1969,” and by

Appropriation.

42 USC 2494.

striking out “1970” and all that follows and inserting in lieu thereof the following: “1970, $12,500,000 for the fiscal year ending June 30, 1971, $15,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973, and for each succeeding fiscal year.”

Approved August 20, 1969.

Parsed from the official Statutes at Large USLM XML in 83.xml