of architecture and design, (B) provide that no facility shall be disqualified as a minimum school facility because of the inclusion of works of art in the plans therefor if the cost of such works of art does not exceed 1 per centum of the cost of the project, and (C) require compliance with such standards as the Secretary may prescribe or approve in order to insure that facilities constructed with the use of Federal funds under this Act shall be, to the extent appropriate in view of the uses to be made of the facilities, accessible to and usable by handicapped persons. (11) The term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a State. Such term includes any State agency which directly operates and maintains facilities for providing free public education or which has responsibility for the provision of such facilities. (12) The term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools. (13) The term "State" means a State, Puerto Rico, Guam, the District of Columbia, American Samoa, the Virgin Islands, or Wake Island. (14) The terms "Commissioner of Education" and "Commissioner" mean the United States Commissioner of Education. (15) The term "base year" means the third or fourth regular school year preceding the fiscal year in which an application was filed under this Act, as may be designated in the application, except that in the case of an application based on children referred to in paragraph (2) or (3) of section 5(a), the base year shall in no event be later than the regular school year 1962-1963; and (16) The term "increase period" means the period of four consecutive regular school years immediately following such base year. (20 U.S.C. 645) Similar provisions enacted Sept. 23, 1950, P.L. 815, 81st Cong., Title II, sec. 210, 64 Stat. 976. Enacted Aug. 12, 1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 556, as sec. 15 of P.L. 815, 81st Cong.; amended June 25, 1959, P.L. 86-70, sec. 18(c), 73 Stat. 144; amended July 12, 1960, P.L. 86-624, sec. 14(c), 74 Stat. 414; amended Oct. 3, 1961, P.L. 87-344, Title I, sec. 101(c), 75 Stat. 759; amended Dec. 18, 1963, P.L. 88-210, sec. 31(c), 77 Stat. 419; amended Oct. 16, 1964, P.L. 88-665, Title XI, sec. 1101(c), (d), 78 Stat. 1109; amended Nov. 3, 1966, Title II, secs. 222(b), (c), (d), 230-232, 80 Stat. 1213-1216. SCHOOL CONSTRUCTION ASSISTANCE IN MAJOR DISASTER AREAS SEC. 16. (a) If the Director of the Office of Emergency Planning determines with respect to any local educational agency that (1) (A) such agency is located in whole or in part within an area which, after August 30, 1965, and prior to July 1, 1967, has suffered a major disaster as a result of any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe which, in the determination of the President pursuant to section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a (a)), is or threatens to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government, and (B) the Governor of the State in which such agency is located has certified the need for disaster assistance under this section, and has given assurance of expenditure of a reasonable amount of the funds of the government of such State, or of any political subdivision thereof, for the same or similar purposes with respect to such catastrophe, and if the Commissioner determines with respect to such local educational agency that (2) public elementary or secondary school facilities of such agency have been destroyed or seriously damaged as a result of this major disaster; (3) such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance available for the replacement or restoration of such school facilities; (4) such agency does not have sufficient funds available to it from State, local, and other Federal sources (including funds available under other provisions of this Act), and from the proceeds of insurance on such school facilities, to provide the minimum school facilities needed for the restoration or replacement of the school facilities so destroyed or seriously damaged; and (5) to the extent that the operation of private elementary and secondary schools in the school attendance area of the local educational agency has been disrupted or impaired by such disaster, such local educational agency has complied with the provisions of section 7(a) (3) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), with respect to provisions for the conduct of educational programs under public auspices and administration in which children enrolled in such private elementary and secondary schools may attend and participate, the Commissioner may provide the additional assistance necessary to enable such agency to provide such 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 from State, local, and other Federal sources (including funds available under the other provisions of this Act), and from the proceeds of insurance, may not exceed the cost of construction incident to the restoration or replacement of the school facilities destroyed or damaged as a result of the disaster. In any case deemed appropriate by the Commissioner such assistance may be in the form of a repayable advance subject to such terms and conditions as he considers to be in the public interest. (b) 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. Pending such appropriation, the Commissioner may expend (without regard to subsections (a) and (e) of section 3679 of the Revised Statutes (31 U.S.C. 665)) from any funds heretofore or hereafter appropriated for expenditures in accordance with other sections of this Act such sums as may be necessary for immediately providing assistance under this section, such appropriations to be reimbursed from the appropriations authorized by this subsection when made. (c) No payment may be made to any local educational agency under subsection (a) except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him, and which meets the requirements of section 6(b) (1). In determining the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications. No payment may be made under subsection (a) unless the Commissioner finds, after consultation with the State and local educational agencies, that the project or projects with respect to which it is made are not inconsistent with overall State plans for the construction of school facilities. All determinations made by the Commissioner under this section shall be made only after consultation with the appropriate State educational agency and the local educational agency. (d) Amounts paid by the Commissioner to local educational agencies under subsection (a) may be paid in advance or by way of reimbursement and in such installments as the Commissioner may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States. (e) None of the provisions of sections 1 to 10, both inclusive, other than section 6(b)(1), shall apply with respect to this section. (20 U.S.C. 646) Enacted Nov. 1, 1965, P.L. 89-313, sec. 1, 79 Stat. 1158. SPECIAL BASE CLOSING PROVISION SEC. 17. In determining the payment to be made to a local educational agency under this Act the Commissioner shall disregard the announcement, made November 19, 1964, of a decrease in or cessation of Federal activities in certain areas, and shall carry out such Act as if such announcement had not been made. (20 U.S.C. 647) Enacted Nov. 1, 1965, P.L. 89-313, sec. 3, 79 Stat. 1161. LEGISLATIVE HISTORY (P.L. 815, 81st Cong.) Senate Report No. 948 (Committee on Labor and Public Welfare). House Reports No. 2810 (Committee on Education and Labor) and No. 3064 (committee on conference). Congressional Record, (1949, 1950): October 17, 1949: Passed Senate. August 22, 1950: Passed House. September 7, 1950: Senate agreed to conference report. September 15, 1950: House agreed to conference report. Approved: September 23, 1950. (P.L. 246, 83rd Cong.) House Reports No. 702 (Committee on Education and Labor) and No. 1091 (committee on conference). Senate Report No. 713. Congressional Record (1953): July 8: Passed House. August 1: Passed Senate. August 3, House agreed to conference report. Approved: August 8, 1953. (P.L. 85-620) House Report No. 1532 (Committee on Education and Labor). April 23: Passed House. July 28: Passed Senate. July 29: House agreed to Senate amendment. Approved: August 12, 1958. (P.L. 86-70) House Report No. 369 (Committee on Interior and Insular Affairs). June 1: Passed House. June 3: Passed Senate. June 11: House agreed to Senate amendment with amendment. Approved: June 25, 1959. (P.L. 86-449) House Report No. 956 (Committee on Judiciary). March 24: Passed House. April 8: Passed Senate. Approved: May 6, 1960. (P.L. 87-344) Senate Report No. 743 (Committee on Labor and Public Welfare). Congressional Record (1961): September 6: Committee discharged, rules suspended, and passed House. Approved: October 3, 1961. (P.L. 88-210) House Reports No. 393 (Committee on Education and Labor); No. 1025 (committee on conference). Senate Report 533 (Committee on Labor and Public Welfare). Congressional Record (1963): August 6: Passed House. October 8: Passed Senate. December 12: House agreed to conference report. December 13: Senate agreed to conference report. Approved: December 18, 1963. (P.L. 88-665) Senate Report No. 1275 (Committee on Labor and Public Welfare). Congressional Record (1964): August 1: Passed Senate. August 14: Passed House. October 1: House agreed to conference report. October 2: Senate agreed to conference report. Approved: October 16, 1964. (P.L. 89-77) House Report No. 164 (Committee on Education and Labor). March 15: Considered and passed House. June 11: Considered and passed Senate. July 6: House concurred in Senate amendments. Approved: July 21, 1965. (P.L. 89-313) House Report No. 587 (Committee on Education and Labor). Senate Report No. 783 (Committee on Labor and Public Welfare). Congressional Record (1965): August 30: Considered and passed House. October 1: Considered and passed Senate, amended. October 13: House concurred in Senate amendments with an amendment. Approved: November 1, 1965. (P.L. 89-750) House Reports No. 1814, 1814 pt. II (Committee on Education and Labor) and No. 2309 (committee of conference). Senate Report No. 1674 accompanying S. 3046 (Committee on Labor and Public Welfare). Congressional Record, volume 112 (1966) : October 5: Considered in House. October 6: Considered and passed Senate. October 5, 6: S. 3046 considered and passed Senate. October 7: Considered and passed Senate, amended, in lieu of S. 3046. October 19: Senate agreed to conference report. October 20: House agreed to conference report. Approved: November 3, 1966. 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. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemble, 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". TABLE OF CONTENTS TITLE I-GENERAL PROVISIONS Sec. 101. Findings and declaration of policy. Sec. 102. Federal control of education prohibited. Sec. 103. Definitions. TITLE II-LOANS TO STUDENTS IN INSTITUTIONS OF HIGHER EDUCATION 2 Sec. 201. Appropriated authorized. Sec. 202. Allotments to States. Sec. 203. Payment of Federal capital contributions. Sec. 204. Conditions of agreements. Sec. 205. Terms of loans. Sec. 206. Distributions of assets from student loan funds. Sec. 207. Loans to institutions. Sec. 208. Payments to cover reductions in amounts of loans. Sec. 209. Administrative provisions. 1 Only those titles dealing with elementary and secondary education are included under this part. A complete text of the Act is included in the Appendix on page 428. 2 Titles II, IV, and VI are included among the higher education programs on page 185. |