and August 31 of each even-numbered year, on the basis of the average of the per capita incomes of each of the States and of all of the States (excluding Puerto Rico, Guam, American Samoa, and the Virgin Islands), for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation: Provided, That the Commissioner shall promulgate such percentages as soon as possible after June 19, 1956, to be effective until July 1, 1957. (2) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal share for Alaska of 66 per centum and, for purposes of such promulgations, Alaska shall not be included in determining the per capita income of all of the States. Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year, or, when such data are available for a two-year period, for such two years. (e) Restriction on purchase or erection of buildings, or purchase of land. No portion of any money paid to a State under this subchapter shall be applied, directly or indirectly, to the purchase or erection of any building or buildings, or for the purchase of any land. (f) Repealed. Pub. L. 88-269, §7(c), Feb. 11, 1964, 78 Stat. 14. (June 19, 1956, ch. 407, title I, § 104, formerly § 6, 70 Stat. 295; Aug. 1, 1956, ch. 852, § 25 (b), (c), 70 Stat. 911; Aug. 31, 1960, Pub. L. 86-679, §§ 3, 4, 74 Stat. 571; Sept. 25, 1962, Pub. L. 87-688, § 5 (a) (2), (3), 76 Stat. 587, renumbered and amended Feb. 11, 1964, Pub. L. 88-269, §§ 5, 6, 7 (a), (c)-(e), 78 Stat. 12, 13, 14.) AMENDMENTS 1964-Pub. L. 88-269, § 7(a), redesignated credit to section from section 6 to section 104 of Act June 19, 1956. Subsec. (a). Pub. L. 88-269, §§ 5, 7(d), substituted "$25,000" and "$100,000" for "$10,000" and "$40,000", respectively, and "June 30, 1963" for "June 30, 1956" in two instances, and added provision for payments to States of the Federal share of the total of the sums expended by the States and their political subdivisions for administration of the State plans, respectively. Subsec. (b). Pub. L. 88-269, § 6, substituted provision requiring the Commissioner to make advance estimates of State entitlements and to pay such estimated amounts in installments, after necessary adjustment on account of previously made overpayments or underpayments for former provision requiring the Commissioner to make advance estimates of amounts necessary to pay the Federal share of the total expenditures for carrying out approved State plans and to certify such amounts to the Secretary of the Treasury, reduced or increased by such amounts by which the Commissioner found estimates for prior periods were greater or less than the amounts which should have been paid to the States for such periods, and the Secretary of the Treasury to pay such certified amounts prior to audit or settlement by the General Accounting Office. Subsec. (e). Pub. L. 88-269, § 7(e), substituted "subchapter" for "chapter." Subsec. (f). Pub. L. 88-269, § 7(c), repealed subsec. (f) which limited the use of monies paid to States for library services in rural areas and in nonrural areas for exclusive purpose of extending public library services to rural areas if such use was provided for in State plans covering the affected areas. 1962-Subsec. (a). Pub. L. 87-688, § 5(a)(2), substituted ", American Samoa, or Guam" for "and of Guam." Subsec. (c). Pub. L. 87-688, § 5(a) (3), inserted "American Samoa," after "Guam," in two instances. Subsec. (d) (1). Pub. L. 87-688, § 5(a) (3), inserted "American Samoa," after "Guam,". 1963 Subsec. (c). Pub. L. 86-679, § 3, substituted "all the States (excluding Puerto Rico, Guam, and the Virgin Islands)" for "the continental United States (excluding Alaska)", and "the Federal share for Puerto Rico" for "the Federal share for Hawaii shall be 50 per centum and for Alaska, Puerto Rico." Subsec. (d). Pub. L. 86-679, § 4, designated existing provisions as par. (1) and substituted therein "each of the States and of all of the States (excluding Puerto Rico, Guam, and the Virgin Islands)," for "the States and of the continental United States (excluding Alaska)", and added par. (2). 1956 Subsec. (a). Act Aug. 1, 1956, § 25 (b), inserted "and of Guam" after "Virgin Islands". Subsec. (c). Act Aug. 1, 1956, § 25(c), inserted "Guam," after "Puerto Rico.". EFFECTIVE DATE OF 1964 AMENDMENT Sections 5 and 6 of Pub. L. 88-269 provided in part that the amendment of subsecs. (a) and (b) of this section by sections 5 and 6 shall be effective in the case of payments from allotments for fiscal years beginning after June 30, 1963. Amendment of subsec. (e) and repeal of subsec. (f) of this section by section 7 (e), (c) of Pub. L. 88-269 applicable in the case of payments from allotments for fiscal years beginning after June 30, 1963, see section 7(1) of Pub. L. 88-269, set out as a note under section 357a of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of this section by Pub. L. 87-688 effective July 1, 1962, see section 5(b) of Pub. L. 87-688, set out as a note under section 353 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Amendments of subsecs. (c) and (d) of this section by Pub. L. 86-679 effective in the case of promulgations of Federal shares under this chapter made after Aug. 31, 1960, see section 6 of Pub. L. 86-679, set out as a note under section 353 of this title. SUBCHAPTER II.-PUBLIC LIBRARY § 355a. Authorization of appropriations. There are authorized to be appropriated for the fiscal year ending June 30, 1964, the sum of $20,000,000 and for each of the next two fiscal years such sums as the Congress may determine, which shall be used for making payments to States, which have submitted and had approved by the Commissioner, State plans for the construction of public libraries. (June 19, 1956, ch. 407, title II, § 201, as added Feb. 11, 1964, Pub. L. 88-269, § 7(a), 78 Stat. 13.) § 355b. Allotments to States; minimum sums; population basis for remainder; availability for projects. From the sums appropriated pursuant to section 355a of this title for each fiscal year, the Commissioner shall allot $20,000 each to Guam, American Samoa, and the Virgin Islands, and $80,000 to each of the other States, and shall allot to each State such part of the remainder of such sums as the population of the State bears to the population of the United States, according to the most recent decennial census. A State's allotment under this section for any fiscal year shall be available for payments with respect to construction projects approved, under its State plan approved under section 355c of this title, during such year or (but only in the case of a State allotment for the fiscal year ending June 30, 1964) the next fiscal year. (June 19, 1956, ch. 407, title II, § 202, as added Feb. 11, 1964, Pub. L. 88-269, § 7(a), 78 Stat. 13.) §355c. State plans; terms and conditions; approval by Commissioner. (a) To be approved for purposes of this subchapter a State plan for construction of public libraries must (1) meet the requirements of paragraphs (1), (2), (4), and (5) of section 354 (a) of this title; (2) set forth criteria and procedures for approval of projects for construction of public library facilities which are designed to insure that facilities will be constructed only to serve areas, as determined by the State library administrative agency, which are without library facilities necessary to develop library services; (3) provide assurance that every local or other public agency whose application for funds under the plan with respect to a project for construction of public library facilities is denied will be given an opportunity for a fair hearing before the State library administrative agency; and (4) provide assurance that all laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, and shall receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours Standards Act; and the Secretary of Labor shall have with respect to the labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 276c of Title 40. (b) The Commissioner shall approve any plan which fulfills the conditions specified in subsection (a) of this section. (June 19, 1956, ch. 407, title II, § 203, as added Feb. 11, 1964, Pub. L. 88–269, § 7(a), 78 Stat. 13.) REFERENCES IN TEXT The Davis-Bacon Act, as amended, referred to in subsec. (a) (4), is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property and Works. The Contract Work Hours Standards Act, referred to in subsec. (a) (4), is classified to sections 327-332 of Title 40. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a) (4), is set out as a note under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees. § 355d. Payments to States. (a) Federal share. From its allotment available therefor under section 355b of this title each State shall be entitled to receive an amount equal to the Federal share (as determined under section 355 of this title) of projects approved, during the period for which such allotment is available, under the State plan of such State approved under section 355c of this title. (b) Estimate of amount; time for payment; installments; adjustments. The Commissioner shall from time to time estimate the amount to which a State is entitled under subsection (a) of this section, and such amount shall be paid to the State, at such time or times, and in such installments as the Commissioner shall determine, after necessary adjustment on account of any previously made underpayment or overpayment. (June 19, 1956, ch. 407, title II, § 204, as added Feb. 11, 1964, Pub. L. 88-269, § 7(a), 78 Stat. 14.) SUBCHAPTER III.-GENERAL PROVISIONS § 356. Withholding of payments; notice and hearing. If the Commissioner finds after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this chapter, that the State plan has been so changed that it no longer complies with the applicable requirements of this chapter or that in the administration of the plan there is a failure to comply substantially with the provisions required to be included in the plan, he shall notify such State agency that further payments will not be made to the State under this chapter (or, in his discretion, that further payments will not be made with respect to portions of or projects under the State plan affected by such failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to such State for carrying out such State plan (or further payments shall be limited to parts of or projects under the plan not affected by such failure). (June 19, 1956, ch. 407, title III, § 301, formerly § 7, 70 Stat. 295, renumbered and amended Feb. 11, 1964, Pub. L. 88-269, § 7(f), (g), 78 Stat. 14.) AMENDMENTS 1964-Pub. L. 88-269 redesignated credit to section from section 7 to section 301 of Act June 19, 1956 and inserted "applicable" preceding "requirements of this chapter" and "(or, in his discretion, that further payments will not be made with respect to portions of or projects under the State plan affected by such failure)" preceding "until he is satisfied" and substituted provision against making further payments for carrying out the State plan and limited such payments to parts of or projects under the plan not affected by failure to comply with mandatory provisions of the State plan for former provision prohibiting certification to the Secretary of the Treasury and entitling the State or State agency to judicial review of any withholding determination under the Adminisrative Procedure Act, now covered in section 357(d) of this title, respectively. EFFECTIVE DATE OF 1964 AMENDMENT Amendment of this section by section 7(g) of Pub. L. 88-269 applicable in the case of payments from allotments for fiscal years beginning after June 30, 1963, see section 7(i) of Pub. L. 88-269, set out as a note under section 357a of this title. § 357. Administration. (a) Regulations. The Commissioner shall administer this chapter under the supervision and direction of the Secretary of Health, Education, and Welfare, and shall, with the approval of the Secretary, prescribe such regulations as may be necessary for the administration of this chapter. (b) Studies, investigations, and reports. The Commissioner is also authorized to make such studies, investigations, and reports as may be necessary or appropriate to carry out the purposes of this chapter, including periodic reports for public distribution as to the values, methods, and results of various State demonstrations of public library services undertaken under this chapter. (c) Appropriations for administrative expenses. There are authorized to be appropriated for expenses of administration such sums as may be necessary to carry out the functions of the Secretary and the Commissioner under this chapter. (d) Notice and hearing; appeals; petition; record; jurisdiction of courts of appeals; conclusiveness of findings; review by Supreme Court; stay of administrative action. (d) (1) The Commissioner shall not finally disapprove any State plan submitted under this chapter, or any modification thereof, without first affording the State submitting the plan reasonable notice and opportunity for a hearing. (2) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under subchapter I or subchapter II of this chapter, or with respect to his final action under section 356 of this title, such State may appeal to the United States Court of Appeals for the circuit which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner or any officer designated by him for that purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of Title 28. (3) Upon the filling of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record the Commissioner may modify or set aside his order. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (4) The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 28. The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action. (June 19, 1956, ch. 407, title III, § 302, formerly 8, 70 Stat. 295, renumbered and amended Feb. 11, 1964, Pub. L. 88–269, §§ 1(d), 7(f), 8, 78 Stat. 11, 14, 15.) AMENDMENTS 1964-Pub. L. 88-269, § 7(f), redesignated credit to section from section 8 to section 302 of Act of June 19, 1956. Subsec. (b). Pub. L. 88-269, § 1(d), deleted "in rural areas" following "public library services." Subsec. (d). Pub. L. 88-269, § 8, added subsec. (d). § 357a. Reallotment of unused funds. The amount of any State's allotment under section 353 or 355b of this title for any fiscal year which the Commissioner determines will not be required for the period for which such allotment is available for carrying out the State plan approved under section 354 and section 355c of this title respectively, shall be available for reallotment frɔm time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments for such year to such States under such section 353 or 355b of this title, as the case may be, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the amount which the Commissioner estimates the State needs and will be able to use for such period of time for which the original allotments were available for carrying out the State plan approved under section 354 or 355c of this title, as the case may be, and the total of such reductions shall be similarly reallotted among the States not suffering such a reduction. Any amount reallotted to a State under this section from funds appropriated pursuant to section 352 or 355a of this title for any fiscal year shall be deemed part of its allotment for such year under sections 353 and 355b of this title, respectively. (June 19, 1956, ch. 407, title III, § 303, as added Feb. 11, 1964, Pub. L. 88269, § 7(h), 78 Stat. 14.) EFFECTIVE DATE Section 7(1) of Pub. L. 88-269 provided that: "The amendments made by subsections (c), (e), and (g) [to sections 3551(f), 355(e), and 356 of this title] shall be applicable in the case of payments from allotments for fiscal years beginning after June 30, 1963. The amendment made by subsection (h) [enacting this section] shall be applicable in the case of such allotments." § 358. Definitions. For the purposes of this chapter (a) The term "State" means a State, the District of Columbia, Fuerto Rico, Guam, American Samoa, or the Virgin Islands; (b) The term "State library administrative agency" means the official State agency charged by State law with the extension and development of public library services throughout the State; (c) The term “public library" means a library that serves free all residents of a community, district, or region, and receives its financial support in whole or in part from public funds; (d) The term "construction" includes construction of new buildings and expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings; including architects' fees and the cost of the acquisition of land; (e) The term "Secretary" means the Secretary of Health, Education, and Welfare. (June 19, 1956, ch. 407, title III, § 304, formerly § 9, 70 Stat. 296; Aug. 1, 1956, ch. 852, § 25(d), 70 Stat. 911; Aug. 31, 1960, Pub. L. 86-679, § 5, 74 Stat. 572; Sept. 25, 1962, Pub. L. 87-688, § 5(a) (3), 76 Stat. 587, renumbered and amended Feb. 11, 1964, Pub. L. 88-269, §§ 1(e), 7(b), (f), 9, 78 Stat. 11, 14, 16.) AMENDMENTS 1964-Pub. L. 88-269, § 7(f), redesignated credit to section from section 9 to section 304 of Act June 19, 1956. Subsec. (a). Pub. L. 88-269, § 9, inserted "the District of Columbia," after "State,". Subsec. (d). Pub. L. 88-269, § 7(b), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 88-269, §§ 1(e), 7(b), deleted former subsec. (e), which defined "rural area", and redesignated former subsec. (d) as (e), respectively. 1962 Subsec. (a). Pub. L. 87-688 inserted "American Samoa," after “Guam,”. 1960 Subsec. (a). Pub. L. 86-679 eliminated "Alaska, Hawaii," which preceded "Puerto Rico." 551. 1956 Subsec. (a). Act Aug. 1, 1956, inserted "Guam," after "Puerto Rico,". EFFECTIVE DATE OF 1964 AMENDMENT Amendment of subsec. (e) of this section by section 1(e) of Pub. L. 88-269, deleting the definition of “rural area", effective July 1, 1964, see section 1(f) of Pub. L. 88-269, set out as a note under section 352 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of this section by Pub. L. 87-688 effective July 1, 1962, see section 5(b) of Pub. L. 87-688, set out as a note under section 353 of this title. 561. PART A. RESEARCH AND EXPERIMENTATION PART B. DISSEMINATION OF INFORMATION ON NEW Functions of the Commissioner. PART C. GENERAL PROVISIONS Establishment of the Advisory Committee 562. Special personnel 563. Appropriations authorized. Exemption from conflict-of-interest laws of members of advisory committees or information council; exceptions. Administration of State plans. Method of payment. 584. 585. Judicial review. 586. 587. 588. 589. 591. 592. Administrative appropriations authorized. Allotments to territories and possessions. Improvement of statistical services of State educational agencies. SUBCHAPTER IX.-INSTITUTES Appropriations authorized. Institute stipends. SUBCHAPTER I.-GENERAL PROVISIONS § 401. Findings and declaration of policy. The Congress 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 individ-` uals, 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. (Pub. L. 85-864, title I, 101, Sept. 2, 1958, 72 Stat. 1581; Pub. L. 88-665, title I, § 101, Oct. 16, 1964, 78 Stat. 1100.) REFERENCES IN TEXT "This Act", referred to in text, is the National Defense Education Act of 1958, Pub. L. 85-864, which is classified to this chapter and sections 15aaa-15ggg of this title, and sections 1876-1879 of Title 42, The Public Health and Welfare. AMENDMENTS 1964 -Pub. L. 88-665 deleted from the second par. the words "which have led to an insufficient proportion of our population educated in science, mathematics, and modern foreign languages and trained in technology" following "educational programs". SHORT TITLE Section 1 of Pub. L. 88-665 provided: "That this Act [which enacted sections 485, 591, and 592 of this title, amended sections 237-239, 244, 401, 403, 421-426, 441445, 462 464, 481, 483, 484, 491, 511, 513, 563, 584, 589, 633, 644, and 645 of this title, repealed section 521 of this title, and enacted provisions set out as a note under section 242 of this title] may be cited as the 'National Defense Education Act Amendments, 1964"." Section 1 of Pub. L. 85-864 provided that the act, which is classified to this chapter and to sections 15aaa-15ggg of this title, and sections 1876-1879 of Title 42, The Public Health and Welfare, should be popularly known as the "National Defense Education Act of 1958". § 402. Federal control of education prohibited. 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. (Pub. L. 85-864, title I, § 102, Sept. 2, 1958, 72 Stat. 1582.) REFERENCES IN TEXT "This Act," referred to in text, is the National Defense Education Act of 1958, Pub. L. 85-864, which is classified to this chapter and sections 15aaa-15ggg of this title, and sections 1876-1879 of Title 42, The Public Health and Welfare. § 403. Definitions. 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 442 and 482 of this title, 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 a 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 or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three insti tutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. For purposes of subchapter II of this chapter, such term includes any business school or technical institution which meets the provisions of clauses (1), (2), (4), and (5), and includes any school of nursing as defined in subsection (1) of this section. 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 441 through 444 of this title, 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. (1) 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, lcan, 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 purposes of sections 481-484 of this title, 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 direction of a public elementary or secondary school. |