Page:United States Statutes at Large Volume 72 Part 1.djvu/1642

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PUBLIC LAW 86-864-SEPT. 2, 196 8

[ 72 S T AT,

"(1) the part of the State plan approved under subsection (b) 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 5^02 (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 o2 (or shall limit payments to projects under or portions of such part of the State plan in which there is no such failure). " (d)(1) If any State is dissatisfied with the Comnussioner's action under subsection (c) of this section, such State nuiy 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 Hndings 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 title 28, United States Code, section 1254. uAPPROPRIATIONS FOR ADMINISTRATION

"Sec. 306. There are hereby 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 this title. ((DEFINITIONS "Sec. B07. For purposes of this title— " (a) The term 'State' includes Alaska, Hawaii, 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 the Act approved February 23, 1917 OgUsc 11.15. (39 Stat. 929, ch. 114). " (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

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