FEDERAL CONTROL NOT AUTHORIZED

SEC. 407. No department, agency, officer, or employee of the United States shall, under authority of this Act, exercise any direction, supervision, or control over, or impose any requirements or conditions with respect to, the personnel, curriculum, methods of instruction, or administration of any educational institution.

(20 U.S.C. 757) Enacted Dec. 16, 1963,P.L. 88-204, Title IV, sec. 407, 77 Stat. 379.

HIGHER EDUCATION FACILITIES CONSTRUCTION ASSISTANCE IN MAJOR

DISASTER AREAS

SEC. 408. (a) If the Director of the Office of Emergency Planning determines that a public institution of higher education is located in whole or in part within an area which, before July 1, 1967, has suffered a disaster which is a "major disaster" as defined in section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a (a)), and if the Commissioner determines with respect to such public institution of higher education that

(1) the academic facilities of the institution have been destroyed or seriously damaged as a result of the disaster;

(2) the institution is exercising due diligence in availing itself of State and other financial assistance available for the restoration or replacement of the facilities; and

(3) the institution does not have sufficient funds available to it from other sources, including the proceeds of insurance on the facilities, to provide for the restoration or replacement of the academic facilities so destroyed or seriously damaged,

the Commissioner may provide the additional assistance necessary to enable the institution to carry out construction necessary to restore or replace the facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest; but such additional assistance, plus the amount which he determines to be available to the institution from other sources, including the proceeds of insurance on the facilities, may not exceed the cost of construction incident to the restoration or replacement of the academic facilities destroyed or seriously damaged as a result of the disaster.

(b) In addition to and apart from the assistance provided to a public institution of higher education under subsection (a), the Commissioner may provide funds to such institution in an amount which he considers necessary to replace equipment, maintenance supplies, and instructional supplies (including books, and curricular and program materials) destroyed or seriously damaged as a result of the disaster, or to lease or otherwise provide (other than by acquisition of land or construction of academic facilities) such facilities needed to replace temporarily those academic facilities which have been made unavailable as a result of the disaster, or both.

(c) In any case deemed appropriate by the Commissioner, disaster assistance provided under subsection (a) or (b) may be in the form of a repayable advance subject to such terms and conditions as he considers to be in the public interest.

(d) There are hereby authorized to be appropriated for each fiscal year such amounts as may be necessary to carry out the provisions of this section.

(e) No payment may be made to a public institution of higher education for academic facilities under subsection (a) or for assistance under subsection (b) unless an application therefor is submitted through the appropriate State commission and is filed with the Commissioner in accordance with regulations prescribed by him. In determining the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the institutions which have submitted approvable applications. No payment may be made under subsection (a) unless the Commissioner finds, after consultation with the State commission, that the project or projects with respect to which it is made are not inconsistent with overall State plans, submitted under section 105(a), for the construction of academic facilities. All determinations made by the Commissioner under this section shall be made only after consultation with the appropriate State commission.

(f) Amounts paid by the Commissioner to a public institution of higher education under subsection (a) or (b) may be paid in advance or by way of reimbursement and in such installments as the Commissioner may determine. Any funds paid to an institution which are not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States.

(g) For the purposes of this section an institution of higher education is deemed to be a 'public institution of higher education' if the institution is under public supervision and control.

(20 U.S.C. 758) Enacted Nov. 6, 1966, P.L. 89-769, sec. 7(a), 80 Stat. 1318.

LEGISLATIVE HISTORY

(P.L. 88-204)

House Report No. 310 (Committee on Education and Labor) and No. 884 (committee on conference).

Senate Report No. 557 (Committee on Labor and Public Welfare).

Congressional Record, 1963:

August 14: Passed House.

October 21: Passed Senate.

November 6: House agreed to conference report.

December 10: Senate agreed to conference report.

Approved: December 16, 1963.

(P.L. 89-329)

House Reports: No. 621 (Committee on Education and Labor) and No. 1178 (committee of conference).

Senate Report No. 673 (Committee on Labor and Public Welfare).

Congressional Record, volume 111 (1965):

August 26: Considered and passed House.

September 1: Considered in Senate.

September 2: Considered and passed Senate, amended.

October 20: House and Senate agreed to conference report.

Approved: November 8, 1965.

(P.L. 89-429)

House Report No. 1448 accompanying H.R. 14544 (Committee on Banking and Currency).

Senate Report No. 1140 (Committee on Banking and Currency).

Congressional Record, volume 112 (1966):

May 3: Considered in Senate.

May 5: Considered and passed Senate.

May 16, 17: H.R. 14544 considered in House.

May 18: Considered and passed House, amended, in lieu of H.R. 14544.
May 19: Senate considered motion to concur in House amendment.

May 23: Senate concurred in House amendment.

Approved: May 24, 1966.

(P.L. 89-752)

House Reports: No. 1467 (Committee on Education and Labor) and No. 2326 (committee of conference).

Senate Report No. 1677 (Committee on Labor and Public Welfare).

Congressional Record, volume 112 (1966):

May 22: Considered and passed House.

October 7: Considered in Senate.

October 10: Considered and passed Senate, amended.

October 21: House and Senate agreed to conference report.

Approved: November 3, 1966.

(P.L. 89-769)

House Report No. 2141 (Committee on Public Works).

Senate Report No. 459 (Committee on Public Works).

Congressional Record:

Vol. 111 (1965): July 22, considered and passed Senate.

Vol. 112 (1966): October 17, considered and passed House, amended
October 18, Senate concurred in House amendment.

Approved: November 6, 1966.

National Defense Education Act of 1958

(P.L. 85-864)

AN ACT To strengthen the national defense and to encourage and assist in the expansion and improvement of educational programs to meet critical national needs; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, divided into titles and sections according to the following table of contents, may be cited as the "National Defense Education Act of 1958".

SEC. 101. The Congress hereby finds and declares that the security of the Nation requires the fullest development of the mental resources and technical skills of its young men and women. The present emergency demands that additional and more adequate educational opportunities be made available. The defense of this Nation depends upon the mastery of modern techniques developed from complex scientific principles. It depends as well upon the discovery and development of new principles, new techniques, and new knowledge.

We must increase our efforts to identify and educate more of the talent of our Nation. This requires programs that will give assurance that no student of ability will be denied an opportunity for higher education because of financial need; will correct as rapidly as possible the existing imbalances in our educational programs.

The Congress reaffirms the principle and declares that the States and local communities have and must retain control over and primary responsibility for public education. The national interest requires, however, that the Federal Government give assistance to education for program which are important to our defense.

To meet the present educational emergency requires additional effort at all levels of government. It is therefore the purpose of this Act to provide substantial assistance in various forms to individuals, and to States and their subdivisions, in order to insure trained manpower of sufficient quality and quantity to meet the national defense needs of the United States.

(20 U.S.C. 401) Enacted Sept. 2, 1958, P.L. 85-864, Title I, sec. 101, 72 Stat. 1581; amended Oct. 16, 1964, P.L. 88-665, Title I, sec. 101, 78 Stat. 1100.

FEDERAL CONTROL OF EDUCATION PROHIBITED

SEC. 102. Nothing contained in this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system.

(20 U.S.C. 402) Enacted Sept. 2, 1958, P.L. 85-864, Title I, sec. 102, 72 Stat. 1582.

DEFINITIONS

SEC. 103. As used in this Act

(a) The term "State" means a State, Puerto Rico, the District of Columbia, the Canal Zone, Guam, American Samoa, or the Virgin Islands except that (1) as used in section 205 (b) (3) such term includes the Trust Territory of the Pacific Islands, and (2) as used in sections 302 and 502, such term does not include Puerto Rico, the Canal Zone, Guam, American Samoa, or the Virgin Islands.

(b) The term "institution of higher education" means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, (4) is a public or other nonprofit institution, and (5) is accedited by a nationally recognized accrediting agency or association approved by the Commissioner for this purpose or, if not so accredited, (A) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any during which it has operated, the effort it is making to meet accredita

tion standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (B) is an institution whose credits are accepted on transfer by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. For purposes of title II, such term includes any school of nursing as defined in subsection (1) of this section, and also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (1), (2), (4), and (5). If the Commissioner determines that a particular category of such schools does not meet the requirements of clause (5) because there is no nationally recognized accrediting agency or association qualified to accredit schools in such category, he shall, pending the establishment of such an accrediting agency or association, appoint an advisory committee, composed of persons specially qualified to evaluate training provided by schools in such category, which shall (i) prescribe the standards of content, scope, and quality which must be met in order to qualify schools in such category to participate in the student loan program under title II, and (ii) determine whether particular schools not meeting the requirements of clause (5) meet those standards. For purposes of this subsection, the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered."

(c) The term "Commissioner" means the Commissioner of Edu

cation.

(d) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(e) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the governor or by State law.

(f) The term "school-age population" means that parts of the population which is between the ages of five and seventeen, both inclusive, and such school-age population for the several States shall be determined by the Commissioner on the basis of the population between such ages for the most recent year for which satisfactory data are available from the Department of Commerce.

(g) The term "elementary school" means a school which provides elementary education, as determined under State law or, if such school is not in any State, as determined by the Commissioner.

(h) The term "secondary school" means a school which provides secondary education, as determined under State law or, if such school is not in any State, as determined by the Commissioner, except that it does not include any education provided beyond grade 12. For the purposes of sections 301 through 304, the term "secondary school" may include a public junior college, as determined under State law or, if such school is not in any State, as determined by the Commissioner.