of assistance pursuant to the Economic Opportunity Act of 1964, shall be fined not more than $10,000 or imprisoned for not more than two years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. (b) Whoever, by threat of procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a grant or contract of assistance under the Economic Opportunity Act of 1964 induces any person to give up any money or thing of any value to any person (including such grantee agency), shall be fined not more than $1,000 or imprisoned not more than one year, or both. TITLE IV-EFFECTIVE DATE SEC. 401. The amendments made by this Act shall be in effect immediately upon its enactment, except as provided in this section. Until June 30, 1968, the provisions of section 202 of the Economic Opportu nity Act of 1964 as in effect immediately prior to the enactment of this Act shall apply to community action agencies in existence and funded prior to the enactment of this Act, except that in any grant or funding agreement made with such an agency prior to June 30, 1968, adequate provision shall be made for transfer of functions, obligations, records, authority, and funds to any community action agency designated pursuant to sections 210 or 211 of the Economic Opportunity Act of 1964 as amended by this Act: Provided, however, That nothing in this Act shall require the termination before February 1, 1969 of an existing community action agency or any program assisted under the Economic Opportunity Act of 1964 prior to the designation of, and provision of financial assistance to, a community action agency or other agency established under sections 210 and 211 of the Economic Oppor tunity Act as amended by this Act. National Defense Education Act of 1958 (P.L. 85-864, as amended) 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". 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 Sec. 201. Appropriation 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. TITLE III-FINANCIAL ASSISTANCE FOR STRENGTHENING INSTRUCTION IN SCIENCE, MATHEMATICS, MODERN FOREIGN LANGUages, and OTHER CRITICAL SUBJECTS 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 PURPOSES 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 Sec. 731. Functions of the Commissioner. PART C-GENERAL PROVISIONS Sec. 761. Establishment of the advisory committee. Sec. 762. Special personnel. Sec. 763. Appropriations authorized. TITLE VIII-AREA VOCATIONAL EDUCATION PROGRAM Sec. 801. Statement of findings and purpose. Sec. 802. Amendment to Vocational Education Act of 1946. TITLE IX-SCIENCE INFORMATION SERVICE Sec. 901. Functions of the service. Sec. 902. Science information council. Sec. 903. Authority for certain grants and contracts. 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 State educational agencies. TITLE XI-INSTITUTES 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 education 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. See page 360. 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. 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, the Virgin Islands, and, for the purposes of titles II, III, and V, the Trust Territory of the Pacific Islands, except that as used in sections 302 and 502, such term does not include Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific 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 accredited 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 accreditation 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; any proprietary institution of higher education (as defined in section 461 (b) of the Higher Education Act of 1965) which includes in its agreement under section 204 of such title such terms and conditions as the Commissioner determines to be necessary to insure that the availability of assistance to students at the school under such title has not, and will not, increase the tuition, fees, or other charges to such students; and 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) (but meets the requirements of clause (4)) because there is no nationally recognized accrediting agency or asso ciation 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 Education. (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 part 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 in cludes 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 educa tion 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 direction of a public elementary or secondary school, |