Page:United States Statutes at Large Volume 90 Part 2.djvu/764

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 2232 Definitions.

Information collection and data acquisition.

42 USC 2000a note.

Report to Congress.

PUBLIC LAW 94-482—OCT. 12, 1976 "(B) For the purpose of this Subsection, the term— "(i) 'information' has the meaning given it by section 3502 of title 44, United States Code; and "(ii) 'educational agency or institution' means any public or private agency or institution which is the recipient of funds under any applicable program, including any preschool program. "(C) The Commissioner shall establish and provide staff personnel to operate information collection and data acquisition review and coordination procedures to be directed by the Administrator for the National Center for Education Statistics. The procedures shall be designed to review proposed collection of information and data acquisition activities in order to advise the Commissioner and the Secretary with respect to whether such activities are excessive in detail or unnecessary or redundant. " (2)(A) The Administrator shall assist each bureau or agency directly responsible for an applicable program, and the Office for Civil Rights, in performing the coordination required by this subsection, and shall require of each such bureau, agency, and office— "(i) a detailed justification of how information once collected will be used; and "(ii) an estimate of the man-hours required by each educational agency or institution to complete the requests. "(B) Each educational agency or institution subject to a request under the collection of information and data acquisition activity and their representative organizations shall have an opportunity, during the 30-day period before the transmittal of the request to the Director of the Office of Management and Budget, to comment to the Administrator on the collection of information and data acquisition activity. "(C) Nothing in this subsection shall be construed to interfere with the enforcement of the provisions of the Civil Rights Act of 1964 or any other nondiscrimination provisions of Federal law. " (3) The Administrator shall, insofar as practicable, and in accordance with the provisions of this title, provide educational agencies and institutions with summaries of the information collected and the data acquired by the Education Division and the Office for Civil Rights'. "(4) The Administrator shall, insofar as practicable, develop a common set of definitions and terms after consultation with the head of each bureau or agency directly responsible for the administration of an applicable program. "(5) The Commissioner shall prepare as part of the annual report to the Congress provisions relating to the progress made by the Secretary, the Commissioner, and the Administrator in meeting the objectives of this subsection and make to the Congress whatever legislative recommendations necessary for meeting the objectives.". ADMINISTRATIVE

20 USC 1232i.

42 USC 2000d.

HEARINGS

SEC. 407. Section 440 of the General Education Provisions Act is amended by inserting ' ' (a) " immediately after "SEC. 440" and by adding at the end thereof the following new subsection: "(b) The extension of Federal financial assistance to a local educational agency may not be limited, deferred, or terminated by the Secretary on the ground of noncompliance with title VI of the Civil Rights Act of 196i or any other nondiscrimination provision of Federal law unless such agency is accorded the right of due process of law, which shall include—