(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, 1971, 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; amended Oct. 16, 1968, Title IV, sec. 404, 82 Stat. 1061. LEGISLATIVE HISTORY (P.L. 88-204) House Report No. 310 (Committee on Education and Labor) and No. 884 (committee of 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 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). Congresional 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. 91-256-69—19 (P.L. 89-769) House Report No. 2141 (Committee on Public Works). Congressional Record: Volume 111 (1965): July 22, considered and passed Senate. Volume 112 (1966) October 17, considered and passed House, amended October 18, Senate concurred in House amendment. Approved: November 6, 1966. (P.L. 90-575) House Reports: No. 1649 accompanying H.R. 15067 (Committee on Education and Labor) and No. 2326 (committee of conference). Senate Report No. 1387 (Committee on Labor and Public Welfare). Congressional Record, volume 114 (1968): July 15: Considered and passed Senate. July 24, 25: Considered and passed House, amended, in lieu of H.R. 15067. October 1: Senate agreed to conference report. Approved: October 16, 1968. 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". 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. (20 U.S.C. 401) Enacted Sept. 2, 1958, P.L. 85-864, Title I, sec. 101, 72 Stat. 1581; amended Oct. 16, 1964, P.L. 88-665, Title I, sec. 101, 78 Stat. 100. FEDERAL CONTROL OF EDUCATION PROHIBITED SEC. 102. 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. (20 U.S.C. 402) Enacted Sept. 2, 1958, P.L. 85-864, Title I, sec. 102, 72 Stat. 1582. 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, the Virgin Islands and, for the purposes of titles II, III, and V, the Trust Territory of the Pacific Islands, except that as used in sections 302 and 502, such term does not include Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific 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 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 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 purposes of title II, such term includes any school of nursing as defined in subsection (1) of this section; any proprietary institution of higher education (as defined in section 461(b) of the Higher Education Act of 1965) which includes in its agreement under section 204 of such title such terms and conditions as the Commissioner determines to be necessary to insure that the availability of assistance to students at the school under such title has not, and will not, increase the tuition, fees, or other charges to such students; and any school which provides not less |