United States Code

for fiscal years ending June 30, 1972, 1973, 1974, and 1975.

1968-Pub. L. 90-575 authorized appropriations of $16,050,000 for the fiscal year ending June 30, 1969, $30,000,000 for the fiscal year ending June 30, 1970, and $38,500,000 for the fiscal year ending June 30, 1971.

1964-Pub. L. 88-665 substituted provisions authorizing appropriation of $8,000,000 for fiscal year ending June 30, 1964, $13,000,000 for fiscal year ending June 30, 1965, $14,000,000 for fiscal year ending June 30, 1966, $16,000,000 for fiscal year ending June 30, 1967, and $18,000,000 for fiscal year ending June 30, 1968 for former provisions which authorized, the appropriation of such sums as may be necessary to carry out the provisions of sections 511-513 of this title, not to exceed $8,000,000 in any one fiscal year.

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94-482, set out as an Effective Date of 1976 Amendment note under section 1001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 581 of this title. PART B-LANGUAGE INSTITUTES

§ 521. Repealed. Pub. L. 88-665, title VI, § 602, Oct. 16, 1964, 78 Stat. 1107

Section, Pub. L. 85-864, title VI, § 611, Sept. 2, 1958, 72 Stat. 1594; Pub. L. 87-344, title II, § 205(b), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88-210, title II, § 206(b), formerly § 26(b), Dec. 18, 1963, 77 Stat. 418, renumbered Pub. L. 90-576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064, authorized appropriation of $7,250,000 for fiscal year ending June 30, 1959 and each of the six succeeding fiscal years for language institutes.

EFFECTIVE DATE OF REPEAL

Pub. L. 88-665, § 602, provided in part that the repeal of this section shall be effective July 1, 1964. SUBCHAPTER VII-RESEARCH AND EXPERIMENTATION IN MORE EFFECTIVE UTILIZATION OF TELEVISION, RADIO, MOTION PICTURES, AND RELATED MEDIA FOR EDUCATIONAL PURPOSES

PART A-RESEARCH AND EXPERIMENTATION

§ 541. Functions of the Commissioner

In carrying out the provisions of this section and section 542 of this title the Commissioner, in cooperation with the Advisory Committee on New Educational Media (established by section 561 of this title), shall (through grants or contracts) conduct, assist, and foster research and experimentation in the development and evaluation of projects involving television, radio, motion pictures, printed and published materials, and related media of communication which may prove of value to State or local educational agencies in the operation of their public elementary or secondary schools, and to institutions of higher education, including the development of new and more effective techniques and methods

(1) for utilizing and adapting motion pictures, printed and published materials, video tapes and other audio-visual aids, film strips, slides and other visual aids, recordings (in

cluding magnetic tapes) and other auditory aids, printed and published materials, and radio or television program scripts for such purposes;

(2) for training teachers to utilize such media with maximum effectiveness; and

(3) for presenting academic subject matter through such media.

(Pub. L. 85-864, title VII, § 701, Sept. 2, 1958, 72 Stat. 1595; Pub. L. 88-210, title II, § 207(a), formerly § 27(a), Dec. 18, 1963, 77 Stat. 419, renumbered Pub. L. 90-576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064.)

AMENDMENTS

1963-Pub. L. 88-210 included projects involving printed and published materials.

TERMINATION OF ADVISORY COMMITTEES

Advisory Committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the twoyear period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law, see section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 542, 551, 561 of this title.

§ 542. Grants-in-aid; contracts

In carrying out the provisions of section 541 of this title, the Commissioner

(1) may make grants-in-aid, approved by the Advisory Committee on New Educational Media, to public or nonprofit private agencies, organizations, and individuals for projects of research or experimentation referred to in section 541 of this title;

(2) may enter into contracts, approved by the Advisory Committee on New Educational Media, with public or private agencies, organizations, groups, and individuals for projects of research or experimentation referred to in section 541 of this title; and

(3) shall promote the coordination of programs conducted or financed by him under this subchapter with similar programs conducted by other agencies, institutions, foundations, organizations, or individuals. (Pub. L. 85-864, title VII, § 702, Sept. 2, 1958, 72 Stat. 1595.)

TERMINATION OF ADVISORY COMMITTEES

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 541, 551, 561 of this title.

PART B-DISSEMINATION OF INFORMATION ON NEW EDUCATIONAL MEDIA

§ 551. Functions of Commissioner

In order to disseminate information concerning new educational media (including the results of research and experimentation conducted under sections 541 and 542 of this title) to State or local educational agencies, for use in their public elementary or secondary schools, and to institutions of higher education, the Commissioner

(1) shall make studies and surveys to determine the need for increased or improved utilization of television, radio, motion pictures, printed and published materials, and related media of communication by State or local educational agencies and institutions of higher education for educational purposes;

(2) shall prepare and publish catalogs, reviews, bibliographies, abstracts, analyses of research and experimentation, and such other materials as are generally useful in the encouragement and more effective use of television, radio, motion pictures, printed and published materials, and related media of communication for educational purposes;

(3) may, upon request, provide advice, counsel, technical assistance, and demonstrations to State or local educational agencies and institutions of higher education undertaking to utilize such media of communication to increase the quality or depth or broaden the scope of their educational programs;

(4) shall prepare and publish an annual report setting forth (A) projects carried out under this subchapter and the cost of each such project, and (B) developments in the utilization and adaptation of media of communication for educational purposes; and

(5) may enter into contracts with public or private agencies, organizations, groups, or individuals to carry out the provisions of this section.

(Pub. L. 85-864, title VII, § 731, Sept. 2, 1958, 72 Stat. 1595; Pub. L. 88-210, title II, § 207(b), formerly § 27(b), Dec. 18, 1963, 77 Stat. 419, renumbered Pub. L. 90-576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064.)

AMENDMENTS

1963-Pars. (1), (2). Pub. L. 88-210 included printed and published materials.

PART C-GENERAL PROVISIONS

§ 561. Establishment of the Advisory Committee (a) Establishment; members

There is established in the Office of Education an Advisory Committee on New Educational Media (hereafter in this subchapter referred to as the "Advisory Committee"). The Advisory Committee shall consist of the Commissioner, who shall be chairman, a representative of the National Science Foundation and twelve persons appointed, without regard to the civil-service laws, by the Commissioner with the approval of the Secretary. Three of such appointed members shall be individuals identified with the sciences, liberal arts, or modern foreign languages in institutions of higher education; three shall be individuals actually engaged in

teaching or in the supervision of teaching in elementary or secondary schools; three shall be individuals of demonstrated ability in the utilization or adaptation of television, radio, motion pictures, printed and published materials, and related media of communication for educational purposes; and three shall be individuals representative of the lay public who have demonstrated an interest in the problems of communication media.

(b) Duties

The Advisory Committee shall

(1) advise, consult with, and make recommendations to the Commissioner on matters relating to the utilization or adaptation of television, radio, motion pictures, printed and published materials, or related media of communication for educational purposes, and on matters of basic policy arising in the administration of this subchapter;

(2) review all applications for grants-in-aid under sections 541 and 542 of this title for projects of research or experimentation and certify approval to the Commissioner of any such projects which it believes are appropriate for carrying out the provisions of this subchapter; and

(3) review all proposals by the Commissioner to enter into contracts under this subchapter and certify approval to the Commissioner of any such contracts which it believes are appropriate to carry out the provisions of this subchapter.

The Commissioner may utilize the services of any member or members of the Advisory Committee in connection with matters relating to the provisions of this subchapter, for such periods, in addition to conference periods, as he may determine.

(Pub. L. 85-864, title VII, § 761, Sept. 2, 1958, 72 Stat. 1596; Pub. L. 88-210, title II, § 207(c), formerly § 27(c), Dec. 18, 1963, 77 Stat. 419, renumbered Pub. L. 90-576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064, and amended Pub. L. 91230, title IV, § 401(h)(1), Apr. 13, 1970, 84 Stat. 174.)

REFERENCES IN TEXT

The civil-service laws, referred to in subsec (a), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of

that title.

AMENDMENTS

1970-Subsec. (d). Pub. L. 91-230 repealed subsec. (d) which provided for compensation ($50 per day limitation) and travel expenses of members of the Advisory Committee on New Educational Media, now superseded by section 1233c of this title.

1963-Subsec. (a). Pub. L. 88-210 included printed and published materials.

Subsec. (b). Pub. L. 88-210 included printed and published materials.

TERMINATION OF ADVISORY COMMITTEES Advisory Committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the twoyear period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a committee es

tablished by the Congress, its duration is otherwise provided by law, see section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 541 of this title.

§ 562. Special personnel

The Commissioner may secure from time to time and for such periods as he deems advisable, without regard to the civil-service laws, the assistance and advice of persons in the United States and from abroad who are experts in the utilization and adaptation of new media and technology for educational purposes.

(Pub. L. 85-864, title VII, § 762, Sept. 2, 1958, 72 Stat. 1597; Pub. L. 90-575, title III, § 341, Oct. 16, 1968, 82 Stat. 1058.)

REFERENCES IN TEXT

The civil-service laws, referred to in text, are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of that title.

AMENDMENTS

1968-Pub. L. 90-575 substituted "new media and technology" for "television, radio, motion pictures, and other related media of communication".

§ 563. Omitted

CODIFICATION

Section, Pub. L. 85-864, title VII, § 763, Sept. 2, 1958, 72 Stat. 1597; Pub. L. 87-344, title II, § 206, Oct. 3, 1961, 75 Stat. 760; Pub. L. 88-210, title II, § 207(d), formerly § 27(d), Dec. 18, 1963; 77 Stat. 419, renumbered Pub. L. 90-576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88-665, title VII, § 701, Oct. 16, 1964, 78 Stat. 1107, authorized appropriations for the fiscal year ending June 30, 1959, and for each of the nine succeeding fiscal years to carry out the provisions of this subchapter.

SUBCHAPTER VIII-MISCELLANEOUS

PROVISIONS

§ 581. Administration

(a), (b). Repealed. Pub. L. 91-230, title IV, § 401(c)(4), Apr. 13, 1970, 84 Stat. 173

The Commissioner shall include in his annual report to the Congress a full report of the activities of the Office of Education under this Act, including recommendations for needed revisions in the provisions thereof.

(d) Development of policies and procedures; consultation with agencies; procurement of information The Secretary shall advise and consult with the heads of departments and agencies of the Federal Government responsible for the administration of scholarship, fellowship, or other educational programs with a view to securing full information concerning all specialized scholarship, fellowship, or other educational programs administered by or under any such department or agency and to developing policies and procedures which will strengthen the educational programs and objectives of the institutions of higher education utilized for such purposes by any such department or agency.

(e) Federal agency functions and authority under other laws

Any agency of the Federal Government shall exercise its functions under any other law in such manner as will assist in carrying out the objectives of this Act. Nothing in this Act shall be construed as superseding or limiting the authority of any such agency under any other law.

(f) Restrictions on loans, fellowships, and stipends; oath or affirmation, statement of conviction, and registration of Communist organization; criminal penalties

(1) No part of any funds appropriated or otherwise made available for expenditure under the authority of this Act shall be used to make payments or loans to any individual (other than a permanent resident of the Trust Territory of the Pacific Islands) unless such individual has taken and subscribed to an oath or affirmation in the following form: "I do solemnly swear (or affirm) that I bear true faith and allegiance to the United States of America and will support and defend the Constitution and laws of the United States against all its enemies, foreign and domestic".

(2) No fellowship or stipend shall be awarded to any individual under the provisions of subchapter IV or of part A of subchapter VI of this chapter unless such individual has provided the Commissioner (in the case of applications made on or after October 1, 1962) with a full statement regarding any crimes of which he has ever been convicted (other than crimes committed before attaining sixteen years of age and minor traffic violations for which a fine of $25 or less was imposed) and regarding any criminal charges punishable by confinement of thirty days or more which may be pending against him at the time of his application for such fellowship or stipend.

(3) The provisions of section 1001 of title 18, shall be applicable with respect to the oath or affirmation required under paragraph (1) of this subsection and to the statement required under paragraph (2).

(4)(A) When any Communist organization, as defined in section 782(5) of title 50, is registered or there is in effect a final order of the Subversive Activities Control Board requiring such organization to register, it shall be unlawful for any member of such organization with knowledge or notice that such organization is so registered or that such order has become final (i) to make application for any payment or loan which is to be made from funds part or all of which are appropriated or otherwise made available for expenditure under the authority of this Act, or (ii) to use or attempt to use any such payment or loan.

(B) Whoever violates subparagraph (A) of this paragraph shall be fined not more than $10,000 or imprisoned not more than five years, or both.

(g) Authority of Commissioner to refuse or revoke fellowship awards

Nothing contained in this Act shall prohibit the Commissioner from refusing or revoking a fellowship award under subchapter IV of this chapter, in whole or in part, in the case of any applicant or recipient, if the Commissioner is of

the opinion that such award is not in the best interests of the United States.

(Pub. L. 85-864, title X, § 1001, Sept. 2, 1958, 72 Stat. 1602; Pub. L. 87-835, § 3, Oct. 16, 1962, 76 Stat. 1070; Pub. L. 90-575, title I, § 176, Oct. 16, 1968, 82 Stat. 1035; Pub. L. 91-230, title IV, § 401(c)(4), Apr. 13, 1970, 84 Stat. 173.)

REFERENCES IN TEXT

"This Act", referred to in subsecs. (c) and (e) to (g), is Pub. L. 85-864, Sept. 2, 1958, 72 Stat. 1580, known as the National Defense Education Act of 1958, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables volume.

AMENDMENTS

1970-Subsecs. (a), (b). Pub. L. 91-230 repealed provisions of subsec. (a) for delegation of functions by Commissioner and of subsec. (b) for utilization of services and facilities of Federal agencies, and without regard to section 5 of title 41, of other agencies, now superseded by section 1231 of this title.

1968-Subsec. (f)(1). Pub. L. 90-575 added "(other than a permanent resident of the Trust Territory of the Pacific Islands)" following "loans to any individual".

1962-Subsec. (f). Pub. L. 87-835 designated existing provisions as par. (1), and eliminated therefrom, the requirement of an affidavit disavowing belief or membership in, or support of any organization believing in or teaching the overthrow of the United States Government by force or any illegal means, and provisions stating that section 1001 of title 18 shall be applicable with respect to such affidavits, which latter provisions are now covered in par. (3), and added pars. (2) to (4). Subsec. (g). Pub. L. 87-835 added subsec. (g).

SUBVERSIVE ACTIVITIES CONTROL BOARD

The Subversive Activities Control Board was established by act Sept. 23, 1950 ch. 1024, § 12, 64 Stat. 977, and ceased to operate June 30, 1973.

§§ 582, 583. Repealed. Pub. L. 91-230, title IV, § 401(h)(1), Apr. 13, 1970, 84 Stat. 174

Section 582, Pub. L. 85-864, title X, § 1002, Sept. 2, 1958, 72 Stat. 1602, authorized the Commissioner to appoint advisory committees to advise and consult with respect to administration of the National Defense Act, prescribed a membership of twelve, four each from the fields of science (engineering, mathematics, or science), the humanities, and other appropriate fields, and provided for compensation ($50 per day limitation) and travel expenses of committee members.

Section 583, Pub. L. 85-864, title X, § 1003, Sept. 2, 1958, 72 Stat. 1603, exempted members of advisory committees or information councils from conflict-ofinterest laws, with certain exceptions.

Such former provisions are now superseded generally by sections 1233 to 1233g of this title as follows:

(2) provide that such commission or agency will make such reports to the Commissioner, in such form and containing such informa tion, as may be reasonably necessary to enable the Commissioner to perform his duties under such subchapter or section and will keep such records and afford such access thereto as the Commissioner may find necessary to assure the correctness and verifications of such reports; and

(3) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State under such subchapter or section (including such funds paid by the State to the local educa tional agencies).

(b) Notice and hearing; disapproval of State plan

The Commissioner shall not finally disapprove any State plan submitted under this Act, or any modification thereof without first affording the agency administering the plan reasonable notice and opportunity for a hearing. (c) Restrictions on payments; failure to comply

Whenever the Commissioner, after reasonable notice and opportunity for hearing to the agency administering a State plan approved under one of the titles of this Act, finds that

(1) the State plan has been so changed that it no longer complies with the provisions of this Act governing its original approval, or

(2) in the administration of the plan there is a failure to comply substantially with any such provision, the Commissioner shall notify such State agency, in the case of a plan submitted under part A or B of subchapter III of this chapter or under subchapter V of this chapter or section 589 of this title, that no further payments will be made to the State under such part or subchapter or section (or, in his discretion, further payments to the State will be limited to programs under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to such State under such part or subchapter or section, as the case may be (or shall limit payments to programs under or portions of the State plan not affected by such failure).

(Pub. L. 85-864, title X, § 1004, Sept. 2, 1958, 72 Stat. 1603; Pub. L. 88-665, title VIII, § 801, Oct. 16, 1964, 78 Stat. 1107; Pub. L. 90-575, title III, § 304(c), Oct. 16, 1968, 82 Stat. 1055.)

REFERENCES IN TEXT

"This Act", referred to in text, is Pub. L. 85-864, Sept. 2, 1958, 72 Stat. 1580, known as the National Defense Education Act of 1958, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables volume.

Subchapter V of this chapter, referred to in subsecs. (a)(1) and (c)(2), comprised sections 481 to 485 and 491 and has been omitted from the Code.

Section 589 of this title, referred to in subsecs. (a)(1) and (c)(2), has been omitted from the Code.

AMENDMENTS

1968-Subsec. (c)(2). Pub. L. 90-575 substituted "plan submitted under part A or B of subchapter III

of this chapter or under subchapter V of this chapter" for "plan submitted under subchapter III or V of this chapter" and inserted reference to "part or" before "subchapter or section" wherever appearing.

1964-Subsec. (a)(2). Pub. L. 88-665, § 801(a), inserted "and will keep such records and afford such access thereto as the Commissioner may find necessary to assure the correctness and verifications of such reports".

Subsec. (a)(3). Pub. L. 88-665, § 801(b), inserted “(including such funds paid by the State to the local educational agencies)".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 443, 454, 585 of this title.

§ 585. Judicial review

(a) Filing of petition to review; contents

If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under this Act, or with respect to his final action under section 584(c) of this title, such State may, within sixty days after notice of such action, file in the United States district court for the district in which the capital of the State is located, a petition to review such action. The petition for review shall (1) contain a concise statement of the facts upon which the appeal is based and (2) designate that part of the Commissioner's decision sought to be reviewed.

(b) Notification of filing of petition

Notification of the filing of the petition for review shall be given by the clerk of the court by mailing a copy of the petition to the Commissioner.

No costs or docket fees shall be charged or imposed with respect to any judicial review proceedings, or appeal therefrom, taken under this Act.

(d) Record of review; certification and filing; time limit

Upon receipt of the petition for review the Commissioner shall, within twenty days thereafter, certify and file in the court the record on review, consisting of the complete transcript of the proceedings before the Commissioner. No party to such review shall be required, by rule of court or otherwise, to print the contents of such record filed in the court.

(e) Manner of disposition by court

The court after review may dismiss the petition or deny the relief prayed for, or may suspend, modify, or set aside, in whole or in part, the action of the Commissioner, or may compel action unlawfully withheld. The judgment of the court shall be subject to review as provided in sections 1291 and 1254 of title 28.

(Pub. L. 85-864, title X, § 1005, Sept. 2, 1958, 72 Stat. 1604.)

REFERENCES IN TEXT

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 454 of this title. § 586. Method of payment

Payments under this Act to any individual or to any State or Federal agency, institution of higher education, or any other organization, pursuant to a grant, loan, or contract, may be made in installments, and in advance or by way of reimbursement, and, in the case of grants or loans, with necessary adjustments on account of overpayments or underpayments.

(Pub. L. 85-864, title X, § 1006, Sept. 2, 1958, 72 Stat. 1604.)

REFERENCES IN TEXT

§ 587. Administrative appropriations authorized

There are authorized to be appropriated for the fiscal year ending June 30, 1959, and for each fiscal year thereafter, such sums as may be necessary for the cost of administering the provisions of this Act, including the administrative expenses of State commissions.

(Pub. L. 85-864, title X, § 1007, Sept. 2, 1958, 72 Stat. 1604.)

REFERENCES IN TEXT

§ 588. Allotments to territories and possessions

The amounts reserved by the Commissioner under sections 442, 452 and 482 of this title shall, in accordance therewith, be allotted among

(A) the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for the type of assistance furnished under the part or subchapter in which the section appears, and

(B) in the case of amounts so reserved under sections 442 and 482 of this title, (i) the Secretary of the Interior, according to the need for such assistance in order to effectuate the purposes of such part or subchapter in schools operated for Indian children by the Department of the Interior, and (ii) the Secretary of Defense according to the need for such assistance in order to effectuate the purposes of such part or subchapter in the overseas dependents schools of the Department of Defense. The terms upon which payments for such purpose shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this subchapter. (Pub. L. 85-864, title X, § 1008, Sept. 2, 1958, 72 Stat. 1605; Pub. L. 86-70, § 18(a)(3), June 25,

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United States Code, Volume 5