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.

(3) The term "nonprofit" as applied to any agency, organization, or institution means an agency, organization, 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.

(4) The terms "construction" and "cost of construction" include (A) the construction of new buildings and the expansion, remodeling, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land or off-site improvements, and (B) equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered.

SHORT TITLE

SEC. 6. This Act may be cited as the "Cooperative Research Act”. Legislative History

COOPERATIVE RESEARCH ACT

(P.L. 83-531)

H.R. 9040: H. Rept. 1565, p. 6311, May 10, 1954; passed House, p. 6481, May 12, 1954. S. Rept. 1596: Amends H.R. 9040, p. 8117, June 14, 1954. Passed Senate p. 8455, June 17, 1954. Conference report (H. Rept. 2287): House agreed to p. 11293, July 21, 1954; Senate agrees to conference report, p. 10881, July 19, 1954. Approved July 26, 1954.

89th Congress-P.L. 89-10

H. Rept. 143 (Committee on Education and Labor).

S. Rept. 146 (Committee on Labor and Public Welfare).

Congressional Record, vol. 111 (1965):

Mar. 24-25: Considered in House.

Mar. 26: Considered and passed House.

Apr. 6-8: Considered in Senate.

Apr. 9: Considered and passed Senate.

NATIONAL DEFENSE EDUCATION ACT OF 1958, AS AMENDED THROUGH THE EIGHTY-NINTH CONGRESS, FIRST SESSION

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. Appropriations 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. 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.

181

TITLE V-GUIDANCE, COUNSELING, AND TESTING; IDENTIFICATION AND ENCOURAGEMENT OF ABLE STUDENTS

PART A-STATE PROGRAMS

Sec. 501. Appropriations authorized.

Sec. 502. Allotments to States.

Sec. 503. State plans.

Sec. 504. Payments to States.

Sec. 505. Definitions.

PART B-COUNSELING AND GUIDANCE TRAINING INSTITUTES

Sec. 511. Authorization.

TITLE VI-LANGUAGE DEVELOPMENT

Sec. 601. Language and area centers.

Sec. 602. Research and studies.

Sec. 603. Appropriations authorized.

TITLE VII-RESEARCH AND EXPERIMENTATION IN MORE EFFECTIVE UTILIZATION OF TELEVISION, RADIO, MOTION PICTURES, AND RELATED MEDIA FOR EDUCATIONAL PURPOSES

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 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.

FEDERAL CONTROL OF EDUCATION PROHIBITED

SEC. 102. Nothing contained in this Act shall be construed to authorize any department, agency, officer, or employees 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, or the Virgin Islands, except that 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 2-year program which is acceptable for full credit toward such

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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 purpose 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 1-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 Educa

tion.

(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 not 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