(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 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 Approved: November 6, 1966. D 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”. FINDINGS AND DECLARATION OF POLICY 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. (i) The term "public" as applied to any school or institution includes a school or institution of any agency of the United States, except that no such school or institution shall be eligible to receive any grant, loan, or other payment under this Act. (j) The term "nonprofit", as applied to a school or institution, means a school or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual, and, for the purposes of part A of title V, includes a school of any agency of the United States. (k) The term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public institution or agency having administrative control and direct of a public elementary or secondary school. (1) The term "school of nursing" means a public or other nonprofit collegiate or associate degree school of nursing. (m) The term "collegiate school of nursing" means a department, division, or other administrative unit in a college or university which provides primarily or exclusively an accredited program of education in professional nursing and allied subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or to an equivalent degree, or to a graduate degree in nursing. (n) The term "associate degree school of nursing" means a department, division, or other administrative unit in a junior college, community college, college, or university which provides primarily or exclusively an accredited two-year program of education in professional nursing and allied subjects leading to an associate degree in nursing or to an equivalent degree. (o) The term "accredited" when applied to any program of nurse education means a program accredited by a recognized body or bodies approved for such purpose by the Commissioner of Education. (20 U.S.C. 403) Enacted Sept. 2, 1958, P.L. 85-864, Title I, sec. 103, 72 Stat. 1582; amended June 25, 1959, P.L. 86-70, sec. 18(a) (1), 73 Stat. 144; amended July 12, 1960, P.L. 86-624, sec. 14(a) (1), 74 Stat. 413; amended Dec. 18, 1963, P.L. 88-210, sec. 21, 77 Stat. 415; amended Oct. 16, 1964, P.L. 88-665, Title I, secs. 102, 103, 78 Stat. 1100; amended Nov. 8, 1965, P.L. 89-329, Title IV, sec. 461, 79 Stat. 1251; amended Nov. 3, 1966, P.L. 89-752, sec. 16(b), 80 Stat. 1245. Title II-Loans to Students in Institutions of Higher Education APPROPRIATIONS AUTHORIZED SEC. 201. For the purpose of enabling the Commissioner to stimulate and assist in the establishment at institutions of higher education of funds for the making of low-interest loans to students in need thereof to pursue their courses of study in such institutions, there are hereby authorized to be appropriated $47,500,000 for the fiscal year ending June 30, 1959, $75,000,000 for the fiscal year ending June 30, 1960, $82,500,000 for the fiscal year ending June 30, 1961, $90,000,000 each for the fiscal year ending June 30, 1962, and the next fiscal year, $125,000,000 for the fiscal year ending June 30, 1964, $163,300,000 for the fiscal year ending June 30, 1965, $179,300,000 for the fiscal year ending June 30, 1966, $190,000,000 for the fiscal year ending June 30, 1967, and $225,000,000 for the fiscal year ending June 30, 1968, and such sums for the fiscal year ending June 30, 1969, and each of the next three fiscal years as may be necessary to enable students who have received loans for school years ending prior to July 1, 1968, to continue or complete their education. Sums appropriated under this section for any fiscal year shall be available, in accordance with agreements between the Commissioner and institutions of higher education, for payment of Federal capital contributions which, together with contributions from the institutions, shall be used for establishment and maintenance of student loan funds. (20 U.S.C. 421) Enacted Sept. 2, 1958, P.L. 85-864, Title II, sec. 201, 72 Stat. 1583; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 201(a), 75 Stat. 759; amended Dec. 18, 1963, P.L. 88-210, sec. 22(a), 77 Stat. 415; amended Oct. 16, 1964, P.L. 88-665, 78 Stat. 1100; amended Nov. 3, 1966, P.L. 89-752, sec. 15, 80 Stat. 1245. ALLOTMENTS TO STATES SEC. 202. (a) From the sums appropriated pursuant to section 201 for any fiscal year ending prior to July 1, 1968, the Commissioner shall allot to each State an amount which bears the same ratio to the amount so appropriated as the number of persons enrolled on a fulltime basis in institutions of higher education in such State bears to the total number of persons enrolled on a full-time basis in institutions of higher education in all of the States. The number of persons enrolled on a full-time basis in institutions of higher education for purposes of this section shall be determined by the Commissioner for the most recent year for which satisfactory data are available to him. (b) Sums appropriated pursuant to section 201 for any fiscal year ending after June 30, 1968, shall be allotted among the States in such manner as the Commissioner determines to be necessary to carry out the purpose for which such amounts are appropriated. (20 U.S.C. 422) Enacted Sept. 2, 1958, P.L. 85-864, Title II, sec. 202, 72 Stat. 1583; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 201(b), 75 Stat, 759; amended Dec. 18, 1963, P.L. 88-210, sec 22(b), 77 Stat. 416; amended Oct. 16, 1964, P.L. 88-665, Title II, sec. 202, 78 Stat. 1101. PAYMENTS OF FEDERAL CAPITAL CONSTRIBUTIONS SEC. 203 The Commissioner shall from time to time set dates by which institutions of higher education in a State must file applications for Federal capital contributions from the allotment of such State. In the event the total requested in such applications, which are made by institutions with which he has agreements under this title and which meet the requirements established in regulations of the Commissioner, exceeds the amount of the allotment of such State available for such purposes, the Federal capital contribution from such allotment to each such institution shall bear the same ratio to the amount requested in its application as the amount of such allotment available for such purposes bears to the total requested in all such applications. |