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42 U.S.C. § 422 — Rehabilitation services
Federal law — U.S. Code and appendices · legal_authorities
**(a) , (b) Repealed. Pub. L. 106–170, title I, § 101(b)(1)(B), (C), Dec. 17, 1999, 113 Stat. 1873**
**(c) “Period of trial work” defined**
(1) The term “period of trial work”, with respect to an individual entitled to benefits under section 423, 402(d), 402(e), or 402(f) of this title, means a period of months beginning and ending as provided in paragraphs (3) and (4).
(2) For purposes of sections 416(i) and 423 of this title, any services rendered by an individual during a period of trial work shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. For purposes of this subsection the term “services” means activity (whether legal or illegal) which is performed for remuneration or gain or is determined by the Commissioner of Social Security to be of a type normally performed for remuneration or gain.
(3) A period of trial work for any individual shall begin with the month in which he becomes entitled to disability insurance benefits, or, in the case of an individual entitled to benefits under [section 402(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/d&num=0&edition=prelim) who has attained the age of eighteen, with the month in which he becomes entitled to such benefits or the month in which he attains the age of eighteen, whichever is later, or, in the case of an individual entitled to widow’s or widower’s insurance benefits under section 402(e) or (f) of this title who became entitled to such benefits prior to attaining age 60, with the month in which such individual becomes so entitled. Notwithstanding the preceding sentence, no period of trial work may begin for any individual prior to the beginning of the month following Sept
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Stable record: federal_law:legal_authorities:record_usc_58e95c3226c330bc5b79f5dd
Source file: Laws/federal/codes/united-states-code/title-42/section-422-rehabilitation-services--692f3513e6.md
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Source location: Title 42, Chapter 7, § 422; chapter-007-social-security.md
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**(a) , (b) Repealed. Pub. L. 106–170, title I, § 101(b)(1)(B), (C), Dec. 17, 1999, 113 Stat. 1873**
**(c) “Period of trial work” defined**
(1) The term “period of trial work”, with respect to an individual entitled to benefits under section 423, 402(d), 402(e), or 402(f) of this title, means a period of months beginning and ending as provided in paragraphs (3) and (4).
(2) For purposes of sections 416(i) and 423 of this title, any services rendered by an individual during a period of trial work shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. For purposes of this subsection the term “services” means activity (whether legal or illegal) which is performed for remuneration or gain or is determined by the Commissioner of Social Security to be of a type normally performed for remuneration or gain.
(3) A period of trial work for any individual shall begin with the month in which he becomes entitled to disability insurance benefits, or, in the case of an individual entitled to benefits under [section 402(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/d&num=0&edition=prelim) who has attained the age of eighteen, with the month in which he becomes entitled to such benefits or the month in which he attains the age of eighteen, whichever is later, or, in the case of an individual entitled to widow’s or widower’s insurance benefits under section 402(e) or (f) of this title who became entitled to such benefits prior to attaining age 60, with the month in which such individual becomes so entitled. Notwithstanding the preceding sentence, no period of trial work may begin for any individual prior to the beginning of the month following September 1960; and no such period may begin for an individual in a period of disability of such individual in which he had a previous period of trial work.
(4) A period of trial work for any individual shall end with the close of whichever of the following months is the earlier:
(A) the ninth month, in any period of 60 consecutive months, in which the individual renders services (whether or not such nine months are consecutive); or
(B) the month in which his disability (as defined in [section 423(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section423/d&num=0&edition=prelim)) ceases (as determined after application of paragraph (2) of this subsection).
(5) Upon conviction by a Federal court, or the imposition of a civil monetary penalty under [section 1320a–8 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a-8&num=0&edition=prelim), that an individual has fraudulently concealed work activity during a period of trial work from the Commissioner of Social Security by—
(A) providing false information to the Commissioner of Social Security as to whether the individual had earnings in or for a particular period, or as to the amount thereof;
(B) receiving disability insurance benefits under this subchapter while engaging in work activity under another identity, including under another social security account number or a number purporting to be a social security account number; or
(C) taking other actions to conceal work activity with an intent fraudulently to secure payment in a greater amount than is due or when no payment is authorized,
no benefit shall be payable to such individual under this subchapter with respect to a period of disability for any month before such conviction during which the individual rendered services during the period of trial work with respect to which the fraudulently concealed work activity occurred, and amounts otherwise due under this subchapter as restitution, penalties, assessments, fines, or other repayments shall in all cases be in addition to any amounts for which such individual is liable as overpayments by reason of such concealment.
**(d) Cost of rehabilitation services from trust funds**
(1) For purposes of making vocational rehabilitation services more readily available to disabled individuals who are—
(A) entitled to disability insurance benefits under [section 423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section423&num=0&edition=prelim),
(B) entitled to child’s insurance benefits under [section 402(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/d&num=0&edition=prelim) after having attained age 18 (and are under a disability),
(C) entitled to widow’s insurance benefits under [section 402(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/e&num=0&edition=prelim) prior to attaining age 60, or
(D) entitled to widower’s insurance benefits under [section 402(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/f&num=0&edition=prelim) prior to attaining age 60,
to the end that savings will accrue to the Trust Funds as a result of rehabilitating such individuals, there are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund each fiscal year such sums as may be necessary to enable the Commissioner of Social Security to reimburse the State for the reasonable and necessary costs of vocational rehabilitation services furnished such individuals (including services during their waiting periods), under a State plan for vocational rehabilitation services approved under title I of the Rehabilitation Act of 1973 [[29 U.S.C. 720](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section720&num=0&edition=prelim) et seq.], (i) in cases where the furnishing of such services results in the performance by such individuals of substantial gainful activity for a continuous period of nine months, (ii) in cases where such individuals receive benefits as a result of [section 425(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section425/b&num=0&edition=prelim) (except that no reimbursement under this paragraph shall be made for services furnished to any individual receiving such benefits for any period after the close of such individual’s ninth consecutive month of substantial gainful activity or the close of the month in which his or her entitlement to such benefits ceases, whichever first occurs), and (iii) in cases where such individuals, without good cause, refuse to continue to accept vocational rehabilitation services or fail to cooperate in such a manner as to preclude their successful rehabilitation. The determination that the vocational rehabilitation services contributed to the successful return of an individual to substantial gainful activity, the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation, and the determination of the amount of costs to be reimbursed under this subsection shall be made by the Commissioner of Social Security in accordance with criteria formulated by the Commissioner.
(2) In the case of any State which is unwilling to participate or does not have a plan which meets the requirements of paragraph (1), the Commissioner of Social Security may provide such services in such State by agreement or contract with other public or private agencies, organizations, institutions, or individuals. The provision of such services shall be subject to the same conditions as otherwise apply under paragraph (1).
(3) Payments under this subsection shall be made in advance or by way of reimbursement, with necessary adjustments for overpayments and underpayments.
(4) Money paid from the Trust Funds under this subsection for the reimbursement of the costs of providing services to individuals who are entitled to benefits under [section 423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section423&num=0&edition=prelim) (including services during their waiting periods), or who are entitled to benefits under [section 402(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/d&num=0&edition=prelim) on the basis of the wages and self-employment income of such individuals, shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid from the Trust Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Commissioner of Social Security shall determine according to such methods and procedures as the Commissioner may deem appropriate—
(A) the total amount to be reimbursed for the cost of services under this subsection, and
(B) subject to the provisions of the preceding sentence, the amount which should be charged to each of the Trust Funds.
(5) For purposes of this subsection the term “vocational rehabilitation services” shall have the meaning assigned to it in title I of the Rehabilitation Act of 1973 [[29 U.S.C. 720](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section720&num=0&edition=prelim) et seq.], except that such services may be limited in type, scope, or amount in accordance with regulations of the Commissioner of Social Security designed to achieve the purpose of this subsection.
**(e) Treatment referrals for individuals with alcoholism or drug addiction condition** In the case of any individual whose benefits under this subchapter are paid to a representative payee pursuant to [section 405(j)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section405/j/1/B&num=0&edition=prelim), the Commissioner of Social Security shall refer such individual to the appropriate State agency administering the State plan for substance abuse treatment services approved under subpart II of part B of title XIX of the Public Health Service Act ([42 U.S.C. 300x–21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-21&num=0&edition=prelim) et seq.).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Old-age insurance benefits** Every individual who—
(1) is a fully insured individual (as defined in [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim)),
(2) has attained age 62, and
(3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title),
shall be entitled to an old-age insurance benefit for each month, beginning with—
(A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or
(B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)),
and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/a&num=0&edition=prelim)) for such month.
**(b) Wife’s insurance benefits**
(1) The wife (as defined in [section 416(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/b&num=0&edition=prelim)) and every divorced wife (as defined in [section 416(d) of this title](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 402
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disability insurance benefits**
(1) Every individual who—
(A) is insured for disability insurance benefits (as determined under subsection (c)(1)),
(B) has not attained retirement age (as defined in section 416(l) of this title),
(C) if not a United States citizen or national—
(i) has been assigned a social security account number that was, at the time of assignment, or at any later time, consistent with the requirements of subclause (I) or (III) of [section 405(c)(2)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section405/c/2/B/i&num=0&edition=prelim); or
(ii) at the time any quarters of coverage are earned—
(I) is described in subparagraph (B) or (D) of [section 1101(a)(15) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim),
(II) is lawfully admitted temporarily to the United States for business (in the case of an individual described in such subparagraph (B)) or the performance as a crewman (in the case of an individual described in such subparagraph (D)), and
(III) the business engaged in or service as a crewman performed is within the scope of the terms of such individual’s admission to the United States.11 So in original. The period probably should be a comma.
(D) has filed application for disability insurance benefits, and
(E) is under a disability (as defined in subsection (d))
shall be entitled to a disability insurance benefit (i) for each month beginning with the first month after his waiting period (as defined in subsection (c)(2)) in which he becomes so entitled to such insurance benefits, (ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of—
(1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and
(2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and
(3) the taxes imposed by
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusions from resources** In determining the resources of an individual (and his eligible spouse, if any) there shall be excluded—
(1) the home (including the land that appertains thereto);
(2)
(A) household goods, personal effects, and an automobile, to the extent that their total value does not exceed such amount as the Commissioner of Social Security determines to be reasonable; and
(B) the value of any burial space or agreement (including any interest accumulated thereon) representing the purchase of a burial space (subject to such limits as to size or value as the Commissioner of Social Security may by regulation prescribe) held for the purpose of providing a place for the burial of the individual, his spouse, or any other member of his immediate family;
(3) other property which is so essential to the means of self-support of such individual (and such spouse) as to warrant its exclusion, as determined in accordance with and subject to limitations prescribed by the Commissioner of Social Security, except that the Commissioner of Social Security shall not establish a limitation on property (including the tools of a tradesperson and the machinery and livestock of a farmer) that is used in a trade or business or by such individual as an employee;
(4) such resources of an individual who is blind or disabled and who has a plan for achieving self-support approved by the Commissioner of Social Security, as may be necessary for the fulfillment of such plan;
(5) in the case of Natives of Alaska, shares of stock held in a Regional or a Village Corporation, during the period of twenty years in which such stock is inalienable, as provided in section 1606(h) and [section 1607(c) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rules and regulations; procedures** The Commissioner of Social Security shall have full power and authority to make rules and regulations and to establish procedures, not inconsistent with the provisions of this subchapter, which are necessary or appropriate to carry out such provisions, and shall adopt reasonable and proper rules and regulations to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits hereunder.
**(b) Administrative determination of entitlement to benefits; findings of fact; hearings; investigations; evidentiary hearings in reconsiderations of disability benefit terminations; subsequent applications**
(1) The Commissioner of Social Security is directed to make findings of fact, and decisions as to the rights of any individual applying for a payment under this subchapter. Any such decision by the Commissioner of Social Security which involves a determination of disability and which is in whole or in part unfavorable to such individual shall contain a statement of the case, in understandable language, setting forth a discussion of the evidence, and stating the Commissioner’s determination and the reason or reasons upon which it is based. Upon request by any such individual or upon request by a wife, divorced wife, widow, surviving divorced wife, surviving divorced mother, surviving divorced father, husband, divorced husband, widower, surviving divorced husband, child, or parent who makes a showing in writing that his or her rights may be prejudiced by any decision the Commissioner of Social Security has rendered, the Commissioner shall give such applicant and such other individual reasonable notice and opportunity for a hearing with re
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 405
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Federal law — U.S. Code and appendices · legal_authorities
Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of State plans**
(1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing.
(2) **Procedures**
(A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim).
(B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions—
(i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator;
(ii) to the State agency shall be deemed to be references to the designated State entity; and
(iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a) Spouse; surviving spouse**
(1) The term “spouse” means a wife as defined in subsection (b) or a husband as defined in subsection (f).
(2) The term “surviving spouse” means a widow as defined in subsection (c) or a widower as defined in subsection (g).
**(b) Wife** The term “wife” means the wife of an individual, but only if she (1) is the mother of his son or daughter, (2) was married to him for a period of not less than one year immediately preceding the day on which her application is filed, or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402&num=0&edition=prelim), (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to [section 402(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/s&num=0&edition=prelim)), or (C) was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under [section 231a of title 45](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231a&num=0&edition=prelim). For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of subparagraph (
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 416
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that—
(1) millions of Americans have one or more physical or mental disabilities and the number of Americans with such disabilities is increasing;
(2) individuals with disabilities constitute one of the most disadvantaged groups in society;
(3) disability is a natural part of the human experience and in no way diminishes the right of individuals to—
(A) live independently;
(B) enjoy self-determination;
(C) make choices;
(D) contribute to society;
(E) pursue meaningful careers; and
(F) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society;
(4) increased employment of individuals with disabilities can be achieved through implementation of statewide workforce development systems defined in [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3102&num=0&edition=prelim) that provide meaningful and effective participation for individuals with disabilities in workforce investment activities and activities carried out under the vocational rehabilitation program established under subchapter I, and through the provision of independent living services, support services, and meaningful opportunities for employment in integrated work settings through the provision of reasonable accommodations;
(5) individuals with disabilities continually encounter various forms of discrimination in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and public services;
(6) the goals of the Nation properly include the goal of providing individuals with disabilities with the tools necessary to—
(A) mak
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 720
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Functions transferred to Secretary** There are transferred to the Secretary—
(1) all functions of the Assistant Secretary for Education and of the Commissioner of Education of the Department of Health, Education, and Welfare, and all functions of the Office of such Assistant Secretary and of the Education Division of the Department of Health, Education, and Welfare and of any officer or component of such Office or Division;
(2) all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under—
(A) the General Education Provisions Act [[20 U.S.C. 1221](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1221&num=0&edition=prelim) et seq.];
(B) the Elementary and Secondary Education Act of 1965;
(C) the Higher Education Act of 1965 [[20 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) et seq.];
(D) the Education Amendments of 1978;
(E) the Act of August 30, 1890 ([7 U.S.C. 321–328](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section321–328&num=0&edition=prelim));
(F) the National Defense Education Act of 1958;
(G) the International Education Act of 1966;
(H) the Individuals with Disabilities Education Act [[20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.];
(I) part B of title V of the Economic Opportunity Act of 1964 [[42 U.S.C. 2929](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2929&num=0&edition=prelim) et seq.];
(J) the National Commission on Libraries and Information Science Act;
(K) the Vocational Education Act of 1963;
(L) the Career Educatio
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3441
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