(m) The term "State" includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(20 U.S.C. 751) Enacted Dec. 16, 1963, P.L. 88-204, Title IV, sec. 401, 79 Stat. 374; amended Nov. 8, 1965, P.L. 89-329, Title VII, sec. 702(c) (3), (f), 79 Stat. 1268; amended Nov. 3, 1966, P.L. 89-752, secs. 6, 8, 80 Stat. 1243.

FEDERAL ADMINISTRATION

SEC. 402. (a) The Commissioner may delegate any of his functions under this Act, except the making of regulations, to any officer or employee of the Office of Education.

(b) In administering the provisions of this Act for which he is responsible, 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 appropriate agreements, and to pay for such services either in advance or by way of reimbursement, as may be agreed upon.

(c) The Commissioner, with the approval of the Secretary of Health, Education, and Welfare, may appoint one or more advisory commit tees to advise and consult with the Commissioner with respect to the administration of any of his functions under title I or III of this Act. Members of any such committee, while attending conferences or meetings of the committee, shall be entitled to receive compensation at a rate to be fixed by the Secretary of Health, Education, and Welfare, but not to exceed $75 per diem, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

(20 U.S.C. 752) Enacted Dec. 16, 1963, P.L. 88-204, Title IV, sec. 402, 77 Stat. 377.

LABOR STANDARDS

SEC. 403. (a) The Commissioner shall not approve any application for a grant or loan under this Act except upon adequate assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on construction assisted by such grant or loan will 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 (40 U.S.C. 276a-276a-5), and will receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours Standards Act (Public Law 87-581); but, in the case of any nonprofit educational institution, the Commissioner may waive the application of this subsection in cases or classes of cases where laborers or mechanics, not otherwise employed at any time in the construction of the project, voluntarily donate their services for the purpose of lowering the costs of construction and the Commissioner determines that any amounts saved thereby are fully credited to the educational institution undertaking the construction.

(b) The Secretary of Labor shall have, with respect to the labor standards specified in subsection (a) of this section, the authority and

functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

(20 U.S.C. 753) Enacted Dec. 16, 1963, P.L. 88-204, Title IV, sec. 403, 77 Stat. 378.

RECOVERY OF PAYMENTS

SEC. 404. (a) The Congress hereby finds and declares that, if a facility constructed with the aid of a grant or grants under title I or II of this Act is used as an academic facility for twenty years following completion of such construction, the public benefit accruing to the United States from such use will equal or exceed in value the amount of such grant or grants. The period of twenty years after completion of such construction shall therefore be deemed to be period of Federal interest in such facility for the purposes of this Act.

(b) If, within twenty years after completion of construction of an academic facility which has been constructed in part with a grant or grants under title I or II of this Act

(1) the applicant (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or

(2) the facility ceases to be used as an academic facility, or the facility is used as a facility excluded from the term "academic facility" by section 401 (a) (2),

the United States shall be entitled to recover from such applicant (or successor) an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal grant or grants bore to the development cost of the facility financed with the aid of such grant or grants. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated.

(20 U.S.C. 754) Enacted Dec. 16, 1963, P.L. 88-204, Title IV, sec. 404, 77 Stat. 378.

METHOD OF PAYMENT

SEC. 405. Payments under this Act to any State or Federal agency, institution of higher education, or any other organization, pursuant to a grant or loan, may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.

(20 U.S.C. 755) Enacted Dec. 16, 1963, P.L. 88-204, Title IV, sec. 405, 77 Stat. 378.

ADMINISTRATIVE APPROPRIATIONS AUTHORIZED

SEC. 406. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1964, and for each fiscal year thereafter, such sums as may be necessary for the cost of administering the provisions of this Act.

(20 U.S.C. 756) Enacted Dec. 16, 1963, P.L. 88-204, Title IV, sec. 406, 77 Stat. 379.

FEDERAL CONTROL NOT AUTHORIZED

SEC. 407. No department, agency, officer, or employee of the United States shall, under authority of this Act, exercise any direction, supervision, or control over, or impose any requirements or conditions with respect to, the personnel, curriculum, methods of instruction, or administration of any educational institution.

(20 U.S.C. 757) Enacted Dec. 16, 1963,P.L. 88-204, Title IV, sec. 407, 77 Stat. 379.

HIGHER EDUCATION FACILITIES CONSTRUCTION ASSISTANCE IN MAJOR DISASTER AREAS

SEC. 408. (a) If the Director of the Office of Emergency Planning determines that a public institution of higher education is located in whole or in part within an area which, before July 1, 1967, has suffered a disaster which is a "major disaster" as defined in section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a (a)), and if the Commissioner determines with respect to such public institution of higher education that

(1) the academic facilities of the institution have been destroyed or seriously damaged as a result of the disaster;

(2) the institution is exercising due diligence in availing itself of State and other financial assistance available for the restoration or replacement of the facilities; and

(3) the institution does not have sufficient funds available to it from other sources, including the proceeds of insurance on the facilities, to provide for the restoration or replacement of the academic facilities so destroyed or seriously damaged,

the Commissioner may provide the additional assistance necessary to enable the institution to carry out construction necessary to restore or replace the facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest; but such additional assistance, plus the amount which he determines to be available to the institution from other sources, including the proceeds of insurance on the facilities, may not exceed the cost of construction incident to the restoration or replacement of the academic facilities destroyed or seriously damaged as a result of the disaster.

(b) In addition to and apart from the assistance provided to a public institution of higher education under subsection (a), the Commissioner may provide funds to such institution in an amount which he considers necessary to replace equipment, maintenance supplies, and instructional supplies (including books, and curricular and program materials) destroyed or seriously damaged as a result of the disaster, or to lease or otherwise provide (other than by acquisition of land or construction of academic facilities) such facilities needed to replace temporarily those academic facilities which have been made unavailable as a result of the disaster, or both.

(c) In any case deemed appropriate by the Commissioner, disaster assistance provided under subsection (a) or (b) may be in the form of a repayable advance subject to such terms and conditions as he considers to be in the public interest.

(d) There are hereby authorized to be appropriated for each fiscal year such amounts as may be necessary to carry out the provisions of this section.

(e) No payment may be made to a public institution of higher education for academic facilities under subsection (a) or for assistance under subsection (b) unless an application therefor is submitted through the appropriate State commission and is filed with the Commissioner in accordance with regulations prescribed by him. In determining the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the institutions which have submitted approvable applications. No payment may be made under subsection (a) unless the Commissioner finds, after consultation with the State commission, that the project or projects with respect to which it is made are not inconsistent with overall State plans, submitted under section 105(a), for the construction of academic facilities. All determinations made by the Commissioner under this section shall be made only after consultation with the appropriate State commission.

(f) Amounts paid by the Commissioner to a public institution of higher education under subsection (a) or (b) may be paid in advance or by way of reimbursement and in such installments as the Commissioner may determine. Any funds paid to an institution which are not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States.

(g) For the purposes of this section an institution of higher education is deemed to be a 'public institution of higher education' if the institution is under public supervision and control.

(20 U.S.C. 758) Enacted Nov. 6, 1966, P.L. 89-769, sec. 7(a), 80 Stat. 1318.

LEGISLATIVE HISTORY

(P.L. 88-204)

House Report No. 310 (Committee on Education and Labor) and No. 884 (committee on conference).

Senate Report No. 557 (Committee on Labor and Public Welfare).

Congressional Record, 1963:

August 14: Passed House.

October 21: Passed Senate.

November 6: House agreed to conference report.

December 10: Senate agreed to conference report.

Approved: December 16, 1963.

(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, volume 111 (1965):

August 26: Considered and passed House.

September 1: Considered in Senate.

September 2: Considered and passed Senate, amended.

October 20: House and Senate agreed to conference report.

Approved: November 8, 1965.

(P.L. 89-429)

House Report No. 1448 accompanying H.R. 14544 (Committee on Banking and Currency).

Senate Report No. 1140 (Committee on Banking and Currency).

Congressional Record, volume 112 (1966):

May 3: Considered in Senate.

May 5: Considered and passed Senate.

May 16, 17: H.R. 14544 considered in House.

May 18: Considered and passed House, amended, in lieu of H.R. 14544.
May 19: Senate considered motion to concur in House amendment.

May 23: Senate concurred in House amendment.

Approved: May 24, 1966.

(P.L. 89-752)

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, volume 112 (1966):

May 22: Considered and passed House.

October 7: Considered in Senate.

October 10: Considered and passed Senate, amended.

October 21: House and Senate agreed to conference report. Approved: November 3, 1966.

(P.L. 89-769)

House Report No. 2141 (Committee on Public Works).

Senate Report No. 459 (Committee on Public Works).

Congressional Record:

Vol. 111 (1965): July 22, considered and passed Senate.

Vol. 112 (1966) October 17, considered and passed House, amended
October 18, Senate concurred in House amendment.

Approved: November 6, 1966.

National Defense Education Act of 1958

(P.L. 85-864)

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".

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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.