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. August 3: Senate 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. National Defense Education Act of 1958 Titles I, III, V-A, and X1 (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. 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. TITLE III-FINANCIAL ASSISTANCE FOR STRENGTHING INSTRUCTION IN SCIENCE MATHEMATICS, MODERN FOREIGN LANGUAGES, AND OTHER CRITICAL SUBJECTS Sec. 301. Appropriations authorized. Sec. 302. Allotments to States. Sec. 303. State plans. Sec. 304. Payments to States. Sec. 305. Loans to nonprofit private schools. TITLE IV-NATIONAL DEFENSE FELLOWSHIPS Sec. 401. Appropriations authorized. Sec. 402. Number of fellowships. Sec. 403. Award of fellowships and approval of institutions. Sec. 404. Fellowship stipends. Sec. 405. Fellowship conditions. TITLE V-GUIDANCE, COUNSELING, AND TESTING; IDENTIFICATION AND TITLE VII-RESEARCH AND EXPERIMENTATION IN MORE EFFECTIVE UTILIZATION OF TELEVISION, RADIO, MOTION PICTURES, AND RELATED MEDIA FOR EDUCATIONAL PURPOSE.S 4 PART A-RESEARCH AND EXPERIMENTATION Sec. 701. Functions of the Commissioner. Sec. 702. Grants-in-aid; contracts. PART B-DISSEMINATION OF INFORMATION ON NEW EDUCATIONAL MEDIA 2 Title II, IV, and VI are included among the higher education programs on page 185. 3 Titles V-B and XI are included among the education personnel training programs on page 219. Title VII is included among the research and training programs on page 215. 5 Title VIII is an amendment to the Vocational Education Act of 1946; see page 256. Title IX is administered by the National Science Foundation and is included in the Appendix on page 451. TITLE X-MISCELLANEOUS PROVISIONS Sec. 1001. Administration. Sec. 1002. Advisory committees. Sec. 1003. Exemption from conflict-of-interest laws of members of advisory committees or information council. Sec. 1004. Administration of State plans. Sec. 1005. Judicial review. Sec. 1006. Method of payment. Sec. 1007. Administrative appropriations authorized. Sec. 1008. Allotments to Territories and possessions. Sec. 1009. Improvement of statistical services of Staff educational agencies. TITLE XI-INSTITUTES 3 Sec. 1101. Authorization of institutes. Sec. 1102. Stipends. Title I-General Provisions 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 programs 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. 3 Titles V-B and XI are included among the education personnel training programs on page 219. |