(b) In administering the provisions of this Act, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution, in accordance with agreements between the Secretary and the head thereof. FEDERAL CONTROL OF EDUCATION PROHIBITED SEC. 804. (a) Nothing contained in this Act shall be con- 20 U.S.C. 1144. strued 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 over the selection of library resources by any educational institution. (b) Nothing contained in this Act or any other 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 membership practices or internal operations of any fraternal organization, fraternity, sorority, private club or religious organization at an institution of higher education (other than a service academy or the Coast Guard Academy) which is financed exclusively by funds derived from private sources and whose facilities are not owned by such institution. Legislative History HIGHER EDUCATION ACT OF 1965, AS AMENDED THROUGH THE NINETIETH 89th Congress H.R. 9567: (P.L. 89-329) House reports: No. 621 (Committee on Education and Labor) and No. 1178 (committee of conference). Senate Report No. 673 (Committee on Labor and Public Welfare). Congressional Record, vol. 111 (1965): Aug. 26: Considered and passed House. Sept. 1: Considered in Senate. Sept. 2: Considered and passed Senate, amended. Oct. 20: House and Senate agreed to conference report. House Report No. 1539 (Committee on Education and Labor). June 6: Considered and passed House. Oct. 13: Considered and passed Senate, amended. Oct. 21: House concurred in Senate amendment with an amendment; House reports: No. 1467 (Committee on Education and Labor) and No. 2326 (committee of conference). Senate Report No. 1677 (Committee on Labor and Public Welfare). Congressional Record, vol. 112 (1966): May 22: Considered and passed House. Oct. 7: Considered in Senate. Oct. 10: Considered and passed Senate, amended. Oct. 21: House and Senate agreed to conference report. House Report No. 373 (Committee on Education and Labor). Senate Report No. 363 accompanying S. 2028 (Committee on Labor and Public Welfare). Congressional Record, vol. 113 (1967): June 26: Considered in House. June 27: Considered and passed House. June 28: Considered and passed Senate, in lieu of S. 2028. H.R. 7819: (P.L. 90-247) House reports: No. 188 (Committee on Education and Labor) and No. 1049 (committee of conference). Senate Report No. 726 (Committee on Labor and Public Welfare). Congressional Record, vol. 113 (1967): May 22-24: Considered and passed House. Dec. 1, 4-8, 11: Considered and passed Senate amended. Dec. 15: House and Senate agreed to conference report. 7. NATIONAL DEFENSE EDUCATION ACT OF 1958, AS AMENDED THROUGH THE 90TH CONGRESS, FIRST SESSION Enacted on September 2, 1958, as P.L. 85-864, (72 Stat. 1580). Amended on June 25, 1959, by P.L. 86-70 (73 Stat. 144); on July 12, 1960, by P.L. 87-293 (75 Stat. 623); on October 3, 1961, by P.L. 87-344 (75 Stat. 759); on October 5, 1961, by P.L. 87-400 (76 Stat. 832); on October 16, 1962, by P.L. 87-835 (76 Stat. 1070); on December 18, 1963, by P.L. 88-210 (77 Stat. 415); on October 16, 1964, by P.L. 88-665 (78 Stat. 1100); on October 9, 1965, by P.L. 89-253 (79 Stat. 879); on October 29, 1966, by P.L. 89-698 (80 Stat. 1066); on November 3, 1966, by P.L. 89-752 (80 Stat. 1240); and on January 2, 1968 by P.L. 90-247 (81 Stat. 820). 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 section 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. NOTE.-Section 2 of Public Law 90–247 sets guidelines for the administration of programs of Acts amended by Public Law 90-247 as follows: "Rules, regulations, guidelines, or other published interpretations or orders issued by the Department of Health, Education, and Welfare or the United States Office of Education, or by any official of such agencies, in connection with, or affecting, the administration of programs authorized by this Act or by any Act amended by this Act shall contain immediately following each substantive provision of such rules, regulations, guidelines, interpretations, or orders, citations to the particular section or sections of statutory law or other legal authority upon which such provision is based. All such rules, regulations, guidelines, interpretations, or orders shall be uniformly applied and enforced throughout the fifty States.' 91-165 0-68-pt. 2-14 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 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. Langauge and area centers. Sec. 602. Research and studies. Sec. 603. Appropriation authorized. 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 OF NEW EDUCATIONAL MEDIA 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. TITLE I-GENERAL PROVISIONS FINDINGS AND DECLARATION OF POLICY SEC. 101. The Congress hereby finds and declares that the 20 U.S.C.401. 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 20 U.S.C. 402. 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 (1) as used in section 205(b) (3) such term includes the Trust Territory of the Pacific Islands, and (2) as used in section 302 and 502, such term does not include Puerto Rico, the Canal Zone, Guam, American Samoa, or the Virgin Islands. 20 U.S.C. 403. |