of this title. (Aug. 1, 1946, ch. 725, title II, § 201, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 925, and amended Apr. 24, 1961, Pub. L. 87-22, § 2, 75 Stat. 44; Dec. 18, 1963, Pub. L. 88-210, § 11(a) (1), 77 Stat. 411.)

AMENDMENTS

1963-Pub. L. 88-210 substituted "succeeding fiscal year" for "of the next eight fiscal years."

1961-Pub. L. 87-22 substituted "eight fiscal years" for "four fiscal years", and "for practical nurse training" for "to extend and improve practical nurse training."

EFFECTIVE DATE OF 1961 AMENDMENT Section 6 of Pub. L. 87-22 provided that: "The amendments made by this Act [amending this section and sections 15bb (a), (c), 15cc (a), and 15jj(e) of this title]. shall become effective July 1, 1961."

SHORT TITLE

Section 1 of Pub. L. 87-22 provided that Pub. L. 87-22, which amended this section, and sections 15bb (a), (c), 15cc (a), 15jj (e) of this title, and enacted provisions set out as a note under this section, may be cited as "The Practical Nurse Training Extension Act of 1961."

TITLES OF ACT

Sections 151-15m and 150-15q of this title designated as Title I, see note set out under section 151 of this title. § 15bb. Grants to States for practical nurse training. (a) Amount of allotment.

From the sum appropriated for any fiscal year pursuant to section 15aa of this title, 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 sections 15i-15m, 150— 15q, 31-33, and section 34 of this title; to such State for such years 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 of such remaining States from being thereby reduced to less than that amount. (b) Reallotment.

The amount of any allotment to a State under subsection (a) of this section 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 sections 15aa-15jj of 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) of this section for such year. Any amount so reallotted to a State shall be deemed part of its allotment under subsection (a) of this section. (c) Costs.

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 sections 15aa-15jj of this title. To the extent permitted by the State's allotment under subsection (a) of this section 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. (Aug. 1, 1946, ch. 725, title II, § 202, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 926, and amended Apr. 24, 1961, Pub. L. 87-22, § 3, 75 Stat. 44; Dec. 18, 1963, Pub. L. 88-210, § 11(a) (2), 77 Stat. 411.)

AMENDMENTS

1953-Pub. L. 88-210 substituted "succeeding fiscal year" for "of the next seven fiscal years."

1961-Subsec. (a). Pub. L. 87-22 inserted references to section 34 of this title and to Guam.

Subsec. (c). Pub. L. 87-22 substituted "seven fiscal years" for "three fiscal years".

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment of section by Pub. L. 87-22 effective July 1, 1961, ɛee section 6 of Pub. L. 87-22, set out as a note under section 15aa of this title.

§15cc. Same; State plans.

(a) Requirements for approval.

To be approvable under sections 15aa-15jj of 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 section 15aa-15jj of 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) Approval.

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

(c) Noncompliance with requirements.

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, finds 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 15bb of this title (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 15bb of this title (or shall limit payments to parts of the State plan in which there is no such failure).

(d) Appeals; Commissioner's findings; jurisdiction; Supreme Court review.

(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 section 1254 of Title 28. (Aug. 1, 1946, ch. 725, title II, § 203, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 926, and amended Apr. 24, 1961, Pub. L. 87-22, § 4, 75 Stat. 44.)

AMENDMENTS

1961-Subsec. (a). Pub. L. 87-22 substituted "for practical nurse training" for "to extend and improve practical nurse training" preceding clause (1), and "providing" for "extending and improving” in clause (3).

EFFECTIVE DATE OF 1961 AMENDMENT Amendment of section by Pub. L. 87-22 effective July 1, 1961, see section 6 of Pub. L. 87-22, set out as a note under section 15aa of this title.

§ 15dd. Same; method of making and computing payments to States.

The method of computing and paying amounts pursuant to section 15bb of this title 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

1 So in original. Probably should be "(3)".

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. (Aug. 1, 1946, ch. 725, title II, § 204, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 927.)

CROSS REFERENCES

Grants to States for practical nurse training, see sections 15bb to 15]] of this title.

§ 15ee. Same; duties and authority of Commissioner. (a) In carrying out his duties under sections 15aa-15jj of 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 sections 15aa-15jj 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. (Aug. 1, 1946, ch. 725, title II, § 205, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 927.)

§ 15ff. Same; advisory committees; appointment; compensation; travel expenses.

(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 sections 15aa-15jj 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 expenses, including per diem in lieu of subsistence, as authorized by 73b-2 of Title 5 for persons in the Government service employed intermittently. (Aug. 1, 1946, ch. 725, title II, § 206, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 928.)

§ 15gg. Same; amounts paid under other laws unaffected.

Nothing in sections 15aa-15jj of this title shall in any way affect the availability for practical nurse training of amounts paid the States under sections 11-15, 15-28 of this title, or sections 15i-15m, 150-15q, of this title. (Aug. 1, 1946, ch. 725, title II, § 207, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 928.)

§ 15hh. Same; report by Commissioner.

The Commissioner shall include in his annual report a full report of the administration of sections

For purposes of sections 15aa-15jj of this title(a) The term "Commissioner" means the Commissioner of Education.

(b) The term "practical nurse training" means training of less than college grade which is given in schools or classes (including field or laboratory work incidental thereto) under public supervision and control and is conducted as part of a program designed to fit individuals, engaged in or preparing to engage in employment as practical nurses, for such employment. The term includes also training of a similar nature, which is of less than college grade and is given and conducted as provided above, designed to fit individuals engaged or preparing to engage in other health occupations in hospitals or other health agencies, for such occupations. In addition, the term includes vocational guidance in connection with any such program and the inservice training of teachers, teacher-trainers, supervisors, and directors for any such program, but does not include courses which have only incidental relationship to the specialized training needed by an individual for useful employment as a practical nurse or in such other health occupations.

(c) The term "practical nurse" means a person who is trained to care for subacute, convalescent, and chronic patients under the direction of a licensed physician or under the supervision of a registered nurse, or to assist a registered nurse in the care of acute illness.

(d) The term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of public secondary schools in a county, township, independent, or other school district, or having such control and direction over vocational education in such schools.

(e) The term "State" includes the Virgin Islands, Guam, Puerto Rico, and the District of Columbia.

(f) The term "State board" means the State board of vocational education, or the State board primarily responsible for the supervision of public elementary and secondary schools, as designated in the State plan.

(g) The cost of administration of a State plan for practical nurse training may not include any portion of the cost of the purchase, preservation, erection, cr repair of any building or buildings or the purchase or rental of any land. (Aug. 1, 1946, ch. 725, title II, § 210, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 928, and amended June 25, 1959, Pub. L. 86-70, § 18(b) (3), 73 Stat. 144; July 12, 1960,

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment of section by Pub. L. 87-22 effective July 1, 1961, see section 6 of Pub. L. 87-22, set out as a note under section 15aa of this title.

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of subsec. (e) of this section by Pub. L. 86-624 effective on Aug. 21, 1959, see section 47(f) of Pub. L. 86-624, set out as a note under section 645 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment of section by Pub. L. 86-70 effective on January 3, 1959, see section 47(d) of Pub. L. 86-70, set out as a note under section 151 of this title.

§ 15aaa. Area vocational education programs; appropriations.

There is authorized to be appropriated for the fiscal year ending June 30, 1959, and for each succeeding fiscal year the sum of $15,000,000 for area Vocational education programs, to be apportioned for expenditure in the States as provided in section 15bbb of this title. (Aug. 1, 1946, ch. 725, title III, § 301, as added Sept. 2, 1958, Pub. L. 85-864, title VIII, § 802, 72 Stat. 1598, and amended Oct. 3, 1961, Pub. L. 87-344, title II, § 207, 75 Stat. 760; Dec. 18, 1963, Pub. L. 88-210, § 11(b), 77 Stat. 411.) AMENDMENTS

1963-Pub. L. 88-210 substituted "succeeding fiscal year" for "of the five succeeding fiscal years." 1961-Pub. L. 87-344 substituted "five succeeding fiscal years" for "three succeeding fiscal years."

STATEMENT OF FINDINGS AND PURPOSE Section 801 of Pub. L. 85-864 provided that: "The Congress hereby finds that the excellent programs of vocational education, which States have established and are carrying on with the assistance provided by the Federal Government under the Smith-Hughes Vocational Education Act [sections 11-15 and 16-28 of this title] and the Vocational Education Act of 1946 [sections 151-15m and 150-15q of this title] (the George-Barden Act), need extension to provide vocational education to residents of areas inadequately served and also to meet national defense requirements for personnel equipped to render skilled assistance in fields particularly affected by scientific and technological developments. It is therefore the purpose of this title [sections 15aaa-15ggg of this title] to provide assistance to the States so that they may improve their vocational education programs through area vocational education programs approved by State boards of vocational education as providing vocational and related technical training and retraining for youths, adults, and older persons, including related instruction for apprentices, designed to fit them for useful employment as technicians or skilled workers in scientific or technical fields."

§ 15bbb. Same; allotments to States; amount; reallotment.

(a) From the sums appropriated for any fiscal year pursuant to section 15aaa of this title, 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 sections 15i-15m, 150-15q, and 31-34 of this title to such State for

such year bears to the total of the amounts so apportioned to all the States for such year.

(b) The amount of any allotment to a State under subsection (a) of this section for any fiscal year which the State certifies to the Commissioner will not be required for carrying out area vocational education programs (under the part of the State plan meeting the requirements of section 15eee of 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) of this section. (Aug. 1, 1946, ch. 725, title III, § 302, as added Sept. 2, 1958, Pub. L. 85-884, title VIII, § 802, 72 Stat. 1598.)

§ 15ccc. Same; payments to States. (a) Conditions.

Any amount paid to a State from its allotment under section 15bbb of this title for any fiscal year shall be paid on condition:

(1) that there shall be spent for such year an equal amount in State or local funds, or both, for area vocational education programs operated under the provisions of sections 15aaa-15ggg of this title;

(2) that funds appropriated under sections 15aaa-15ggg of this title will not be used to reduce the amount of State or local funds, or both, being spent for vocational education programs operated under provisions of the Smith-Hughes Vocational Education Act and sections 15i-15m, 150-15q, and 15aa--15jj of this title and reported to the Commissioner, but such State or local funds, or both, in excess of the amount necessary for dollar for dollar matching of funds allotted to a State under provisions of the SmithHughes Vocational Education Act and sections 15i-15m, 150, 15q, and 15aa-15jj of this title may be used to match funds appropriated under sections 15aaa-15ggg of this title;

(3) that funds appropriated under section 15aaa of this title shall be used exclusively for the training of individuals designed to fit them for useful employment as highly skilled technicians in recognized occupations requiring scientific knowledge, as determined by the State board for such State, in fields necessary for the national defense.

(b) Estimate of amount to be paid.

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 for area vocational education programs under sections 15aaa-15ggg of this title 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 subsection) by which he finds that his estimate of the amount to be paid to the State for any prior period for such purpose under sections 15aaa15ggg of this title was greater or less than the amount which should have been paid to the State

for such prior period under sections 15aaa-15ggg of this title for such purpose. Such payments shall be made in such installments as the Commissioner may determine. (Aug. 1, 1946, ch. 725, title III, § 303, as added Sept. 2, 1958, Pub. L. 85-864, title VIII, § 802, 72 Stat. 1598.)

REFERENCES IN TEXT

The Smith-Hughes Vocational Education Act, referred to in the text of subsec. (a) (2) of this section, is classified to sections 11-15 and 16-28 of this title.

§ 15ddd. Same; use of funds.

(a) Funds paid to a State under sections 15aaa15ggg of this title for area vocational education programs may be used, in carrying out such programs (under the part of the State plan meeting the requirements of section 15eee of this title, for(1) maintenance of adequate programs of administration, supervision, and teacher-training;

(2) salaries and necessary travel expenses of State or local school personnel, including teachers, coordinators, supervisors, vocational guidance counselors, teacher-trainers, directors, administrators, and others;

(3) travel expenses of members of advisory committees or State boards;

(4) purchase, rental, or other acquisition, and maintenance and repair, of instructional equipment;

(5) purchase of instructional supplies and teaching aids;

(6) necessary costs of transportation of students;

(7) securing necessary educational information and data as a basis for the proper development of area vocational education programs and programs of vocational guidance;

(8) training and

work-experience training programs for out-of-school youths;

(9) related instruction for apprentices; and (10) determining the need for, and planning and developing, area vocational education programs.

(b) Any equipment and teaching aids purchased wits' funds appropriated to carry out the provisions of sections 15aaa-15ggg of this title shall become the property of the State. (Aug. 1, 1946, ch. 725, title III, § 304, as added Sept. 2, 1958, Pub. L. 85-864, title VIII, § 802, 72 Stat. 1599.)

§ 15eee. Same; additional State plan requirements. (a) Amended plan.

To be eligible to participate in sections 15aaa15ggg of this title the State plan must be amended to include a new part which

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

(2) provides minimum qualifications for teachers, teacher-trainers, supervisors, directors and others having responsibilities under the plar.;

(3) shows the plans, policies, and methods to be followed in carrying out such part of the State plan;

1 So in original. Probably should be "with".

(4) provides such accounting, budgeting, and other fiscal methods and procedures as are necessary for the proper and efficient administration of such part of the State plan; and

(5) provides that the State board will make such reports to the Commissioner, in such form and containing such information, as are reasonably necessary to enable the Commissioner to perform his functions under sections 15aaa-15ggg of this title.

(b) Approval.

The Commissioner shall approve a part of any plan for purposes of sections 15aaa-15ggg of this title if he finds that it fulfills the conditions specified in subsection (a) of this section.

(c) Noncompliance with requirements.

Whenever the Commissioner after reasonable notice and opportunity for hearing to the State board finds that

(1) the part of the State plan approved under subsection (b) of this section has been so changed that it no longer complies with any provision required by subsection (a) of this section to be included in such part; or

(2) in the administration of such part of the plan there is a failure to comply substantially with any such provision;

the Commissioner shall notify such State board that no further payments will be made to the State from its allotments under section 15bbb of this title (or, in his discretion, that further payments will not be made to the State for projects under or portions of such part of the State plan affected by such failure) until he is satisfied that there is no longer any such failure. Until he is so satisfied the Commissioner shall make no further payments to such State from its allotments under section 15bbb of this title (or shall limit payments to projects under or portions of such part of the State plan in which there is no such failure).

(d) Appeals; Commissioner's findings; jurisdiction; Supreme Court review.

(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 such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action.

(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, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive unless substantially contrary to the weight of the evidence.

(3) 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. (Aug. 1, 1946, ch. 725, title III, § 305, as added Sept. 2, 1958, Pub. L. 85-864, title VIII, § 802, 72 Stat. 1599.

§ 15fff. Same; appropriations for administration.

There are authorized to be included for each fiscal year in the appropriations for the Department of Health, Education, and Welfare such sums as are necessary to administer the provisions of sections 15aaa-15ggg of this title. (Aug. 1, 1946, ch. 725, title III, § 306, as added Sept. 2, 1958, Pub. L. 85864, title VIII, § 802, 72 Stat. 1600.)

§ 15ggg. Same; definitions.

For purposes of sections 15aaa-15ggg of this title

(a) The term "State" includes the Virgin Islands, Puerto Rico, the District of Columbia, and Guam. (b) The term "Commissioner" means the Commissioner of Education.

(c) The terms "State plan" and "State board" shall have the meaning which said terms have in sections 11-15 and 16-28 of this title.

(d) The term "area vocational education program" means a program consisting of one or more less-than-college-grade courses conducted under public supervision and control and on an organized, systematic class basis, which is designed to fit individuals for useful employment as technicians or skilled workers in recognized occupations requiring scientific or technical knowledge, and which is made available to residents of the State or an area thereof designated and approved by the State board, who either have completed junior high school or, regardless of their school credits, are at least sixteen years of age and can reasonably be expected to profit by the instruction offered. (Aug. 1, 1946, ch. 725, title III, § 307, as added Sept. 2, 1958, Pub. L 85-864, title VIII, § 802, 72 Stat. 1600, and amended June 25, 1959, Pub. L. 86–70, § 18(b) (3), 73 Stat. 144; July 12, 1960, Pub. L. 86-624, § 14(b) (4), 74 Stat. 414.)

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-624 eliminated "Hawaii," preceding "the Virgin Islands." 1959-Subsec. (a). Pub. L. 86-70 eliminated "Alaska," preceding "Hawaii."

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of subsec. (a) of this section by Pub. L. 86-624, effective on Aug. 21, 1959, see section 47(f) of Pub. L. 86-624, set out as a note under section 645 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-70 effective on January 3, 1959, see section 47(d) of Pub. L. 86-70, set out as a note under section 151 of this title.

§ 16. Acceptance of benefits of appropriations by States; creation of State boards.

In order to secure the benefits of the appropriations provided for in sections 12-14 of this title, any State shall, through the legislative authority thereof, accept the provisions of sections 11-15 and 16-28 of this title and designate or create a State board, consisting of not less than three members, and having all necessary power to cooperate, as herein provided, with the Department of Health, Education,