United States Code

of this Act for which he is responsible. Any such committee shall have twelve members as follows:

(1) Four members who are recognized scholars in any of the following fields: engineering, mathematics, or science;

(2) Four members who are recognized scholars in any of the fields of the humanities; and

(3) Four members from such fields of endeavor as the Commissioner deems appropriate. Members of an advisory committee appointed under this section, while attending conferences or meetings of the committee, shall be entitled to receive compensation at a rate to be fixed by the Secretary, but not exceeding $50 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 for persons in the Government service employed intermittently. (Pub. L. 85-864, title X, § 1002, Sept. 2, 1958, 72 Stat. 1602.)

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.

CODIFICATION

Section was enacted without a subsec. (b).

§ 583. Exemption from conflict-of-interest laws of members of advisory committees or information council; exceptions.

(a) Any member of an advisory committee or information council appointed under this Act is exempted, with respect to such appointment, from the operation of sections 281, 283, 284, and 1914 of Title 18 and section 99 of Title 5, except as otherwise specified in subsection (b) of this section.

(b) The exemption granted by subsection (a) of this section shall not extend

(1) to the receipt or payment of salary in connection with the appointee's Government service from any source other than the private employer of the appointee at the time of his appointment, or (2) during the period of such appointment, and the further period of two years after the termination thereof, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter concerning which the appointee had any responsibility arising out of his appointment during the period of such appointment. (Pub. L. 85-864, title X, § 1003, Sept. 2, 1958, 72 Stat. 1603.)

REFERENCES IN TEXT

"This Act", referred to in subsec. (a), is the National Defense Education Act of 1958, Pub. L. 85-864, which is classified to this chapter and sections 15aaa-15°gg of this title, and sections 1876-1879 of Title 42, The Public Health and Welfare.

Sections 281, 283, 284, and 1914 of Title 18, referred to in subsec. (a), were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, "(except as they [sections 281 and 283 may apply to retired officers of the armed forces of the United States)", and are now covered by sections 203, 205, 207, and 209, respectively, of Title 18, Crimes and Criminal Procedure.

Section 99 of Title 5, referred to in subsec. (a), was repealed by Pub. L. 87-849, § 3, Oct. 23, 1962, 76 Stat. 1126 and is now covered by section 207 of Title 18, Crimes and Criminal Procedure.

§ 584. Administration of State plans.

(a) No State plan submitted under one of the titles of this Act shall be approved by the Commissioner which does not

(1) provide, in the case of a plan submitted under subchapter III or under subchapter V of this chapter or section 589 of this title, that the State educational agency will be the sole agency for administering the plan;

(2) provide that such commission or agency will make such reports to the Commissioner, in such form and containing such information, as may be reasonably necessary to enable the Commissioner to perform his duties under such subchapter or section and will keep such records and afford such access thereto as the Commissioner may find necessary to assure the correctness and verifications of such reports; and

(3) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State under such subchapter or section (including such funds paid by the State to the local educational agencies).

(b) The Commissioner shall not finally disapprove any State plan submitted under this Act, or any modification thereof without first affording the agency administering the plan reasonable notice and opportunity for a hearing.

(c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the agency administering a State plan approved under one of the titles of this Act, finds that

(1) the State plan has been so changed that it no longer complies with the provisions of this Act governing its original approval, or

(2) in the administration of the plan there is a failure to comply substantially with any such provision, the Commissioner shall notify such State agency, in the case of a plan submitted under subchapter III or V of this chapter or section 589 of this title, that no further payments will be made to the State under such subchapter or section (or, in his discretion, further payments to the State will be limited to programs under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to such State under such subchapter or section, as the case may be (or shall limit payments to programs under or portions of the State plan not affected by such failure).

(Pub. L. 85-864, title X, § 1004, Sept. 2, 1958, 72 Stat. 1603; Pub. L. 88-665, title VIII, § 801, Oct. 16, 1964, 78 Stat. 1107.)

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.

"The titles of this Act" referred to in subsecs. (a) and (c) of this section, are the subchapters of the National Defense Education Act of 1958, Pub. L. 85-864, which are 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 Subsec. (a) (2). Pub. L. 88-665, § 801 (a), inserted "and will keep such records and afford such access thereto as the Commissioner may find necessary to assure the correctness and verifications of such reports."

Subsec. (a) (3). Pub. L. 88–665, § 801(b), inserted “(including such funds paid by the State to the local educational agencies)."

§ 585. Judicial review.

(a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under this Act, or with respect to his final action under section 584 (c) of this title, such State may, within sixty days after notice of such action, file in the United States district court for the district in which the capital of the State is located, a petition to review such action. The petition for review shall (1) contain a concise statement of the facts upon which the appeal is based and (2) designate that part of the Commissioner's decision sought to be reviewed.

(b) Notification of the filing of the petition for review shall be given by the clerk of the court by mailing a copy of the petition to the Commissioner.

(c) No costs or docket fees shall be charged or imposed with respect to any judicial review proceedings, or appeal therefrom, taken under this Act.

(d) Upon receipt of the petition for review the Commissioner shall, within twenty days thereafter, certify and file in the court the record on review, consisting of the complete transcript of the proceedings before the Commissioner. No party to such review shall be required, by rule of court or otherwise, to print the contents of such record filed in the court.

(e) The court after review may dismiss the petition or deny the relief prayed for, or may suspend, modify, or set aside, in whole or in part, the action of the Commissioner, or may compel action unlawfully withheld. The judgment of the court shall be subject to review as provided in section 1291 and 1254 of Title 28. (Pub. L. 85-864, title X, § 1005, Sept. 2, 1958, 72 Stat. 1604.)

REFERENCES IN TEXT

§ 586. Method of payment.

Payments under this Act to any individual or to any State or Federal agency, institution of higher education, or any other organization, pursuant to a grant, loan, or contract, may be made in installments, and in advance or by way of reimbursement, and, in the case of grants or loans, with necessary adjustments on account of overpayments or underpayments. (Pub. L. 85-864, title X, § 1006, Sept. 2, 1958, 72 Stat. 1604.)

REFERENCES IN TEXT

§ 587. Administrative appropriations authorized.

There are authorized to be appropriated for the fiscal year ending June 30, 1959, and for each fiscal year thereafter, such sums as may be necessary for the cost of administering the provisions of this Act, including the administrative expenses of State commissions. (Pub. L. 85-864, title X, § 1007, Sept. 2, 1958, 72 Stat. 1604.)

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.

§ 588. Allotments to territories and possessions.

The amounts reserved by the Commissioner under sections 442 and 482 of this title shall be allotted by the Commissioner among Puerto Rico, the Canal Zone, Guam, American Samoa, and the Virgin Islands, according to their respective needs for the type of assistance furnished under the part or title in which the section appears. (Pub. L. 85-861, title X, § 1008, Sept. 2, 1958, 72 Stat. 1605; Pub. L. 86-70, § 18(a) (3), June 25, 1959, 73 Stat. 144; Pub. L. 86-624, § 14(a) (3), July 12, 1960, 74 Stat. 413; Pub. L. 88-210, § 28(a), Dec. 18, 1963, 77 Stat. 419.)

REFERENCES IN TEXT

"The part or title in which the section appears", referred to in text, means the part or subchapter of this chapter in which the section appears. Section 442 appears in subchapter II of this chapter, and section 482 appears in part A of subchapter V of this chapter.

AMENDMENTS

1963-Pub. L. 83-210 inserted "American Samoa." 1960-Pub. L. 86-624 eliminated "Hawaii," preceding "Puerto Rico."

1959-Pub. L. 86-70 eliminated "Alaska," preceding "Hawaii."

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of section by Pub. L. 86-624 applicable, in the case of allotments under section 442(b) or 482 of this title, for fiscal years beginning after June 30, 1960, and, in the case of allotments under section 442(a) of this title, for fiscal years beginning after allotment ratios, to which the amendment made by section 14(a)(2) of Pub. L. 86-624 to section 442 (a) of this title is applicable, are promulgated under section 442(a) of this title, see section 47(d) of Pub. L. 86-624, set out as a note under section 403 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-70 applicable, in the case of allotments under section 442 (b) or 482 of this title, for fiscal years beginning July 1, 1959, and, in the case of allotments under section 442(a) of this title, in the case of allotments based on allotment ratios, promulgated under such section 442(a) of this title, to which the amendment made by Pub. L. 86-70 to section 442 (a) (3) (B) of this title is applicable, see section 47(b) of Pub. L. 86-70, set out as a note under section 403 of this title.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959 upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

§ 589. Improvement of statistical services of State educational agencies.

(a) For the purpose of assisting the States to improve and strengthen the adequacy and reliability

of educational statistics provided by State and local reports and records and the methods and techniques for collecting and processing educational data and disseminating information about the condition and progress of education in the States, there are authorized to be appropriated for the fiscal year ending June 30, 1959, and each of the nine succeeding fiscal years, for grants to States under this section, such sums as the Congress may determine.

(b) Grants under this section by the Commissioner shall be equal to one-half of the cost of State educational agency programs to carry out the purposes of this section, including (1) improving the collection, analysis, and reporting of statistical data supplied by local educational units, (2) the development of accounting and reporting manuals to serve as guides for local educational units, (3) the conduct of conferences and training for personnel of local educational units and of periodic reviews and evaluation of the program for records and reports, (4) improving methods for obtaining, from other State agencies within the State, educational data not collected by the State educational agency, or (5) expediting the processing and reporting of statistical data through installation and operation of mechanical equipment. The total of the payments to any State under this section for any fiscal year may not exceed $50,000.

(c) Payments with respect to any program of a State educational agency under this section may be made (1) only to the extent it is a new program or an addition to or expansion of an existing program, and (2) only if the State plan approved under subsection (d) of this section includes such program.

(d) The Commissioner shall approve any State plan for purposes of this section if such plan meets the requirements of section 584 (a) of this title and sets forth the programs proposed to be carried out under the plan and the general policies to be followed in doing so. (Pub. L. 85-864, title X, § 1009, Sept. 2, 1958, 72 Stat. 1605; Pub. L. 87-344, title II, § 208, Oct. 3, 1961, 75 Stat. 761, Pub. L. 88-210, § 28 (b), Dec. 18, 1963, 77 Stat. 419; Pub. L. 88-665, title VIII, § 802, Oct. 16, 1964, 78 Stat. 1107.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-665 substituted "nine succeeding fiscal years" for "six succeeding fiscal years." 1963 Subsec. (a). Pub. L. 88-210 substituted "six succeeding fiscal years" for "five succeeding fiscal years." 1961 Subsec. (a). Pub. L. 87-344 substituted "five succeeding fiscal years" for "three succeeding fiscal years."

SUBCHAPTER IX.-INSTITUTES

§ 591. Appropriations authorized.

There are authorized to be appropriated $32,750,000 for the fiscal year ending June 30, 1965, and each of the three succeeding fiscal years, to enable the Commissioner to arrange, through grants or contracts, with institutions of higher education for the operation by them of short-term or regular session institutes for advanced study, including study in the use of new materials, to improve the qualification of individuals

(1) who are engaged in or preparing to engage in the teaching, or supervising or training of teachers, of history, geography, modern foreign

languages, reading, or English in elementary or secondary schools,

(2) who are engaged in or preparing to engage in the teaching of disadvantaged youth and are, by virtue of their service or future service in elementary or secondary schools enrolling substantial numbers of culturally, economically, socially, and educationally handicapped youth, in need of specialized training; except that no institute may be established under this subchapter for teachers of disadvantaged youth unless such institute will offer a specialized program of instruction designed to assist such teachers in coping with the unique and peculiar problems involved in the teaching of such youth,

(3) who are engaged as, or preparing to engage as, library personnel in the elementary or secondary schools, or as supervisors of such personnel,

(4) who are engaged as, or are preparing to engage as, educational media specialists.

(Fub. L. 85-864, title XI, § 1101, as added Pub. L. 88-665, title IX, § 901(a), Oct. 16, 1964, 78 Stat. 1107.)

§ 592. Institute stipends.

Each individual who attends an institute operated under the provisions of this subchapter shall be eligible (after application therefor) to receive a stipend at the rate of $75 per week for the period of his attendance at such institute, and each such individual with one or more dependents shall receive an additional stipend at the rate of $15 per week for each such dependent. (Pub. L. 85-864, title XI, § 1102, as added Pub. L. 88-665, title IX, § 901(a), Oct. 16, 1964, 78 Stat. 1108.)

impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education (hereinafter in this chapter referred to as "handicapped children"). He is also authorized to make grants to public or other nonprofit institutions of higher learning to assist them in providing professional or advanced training for personnel engaged or preparing to engage in employment as teachers of handicapped children, as supervisors of such teachers, or as speech correctionists or other specialists providing special services for education of such children, or engaged or preparing to engage in research in fields related to education of such children. Grants under this section may be used by such institutions to assist in covering the cost of courses of training or study for such personnel and for establishing and maintaining fellowships or traineeships, with such stipends as may be determined by the Commissioner of Education. The Commissioner is also authorized to make grants to public or other nonprofit institutions of higher learning to assist them in establishing and maintaining scholarships, with such stipends as may be determined by the Commissioner, for training personnel preparing to engage in employment as teachers of the deaf. (Pub. L. 85-926, § 1, Sept. 6, 1958, 72 Stat. 1777; Pub. L. 88-164, title III, § 301(a) (1)—(3), (b), Oct. 31, 1963, 77 Stat. 294.)

AMENDMENTS

1963-Pub. L. 88-164, § 301 (a) (1)—(3), (b), substituted in the third sentence "Grants under this section" and "fellowships or traineeships" for "Such grants" and "fellowships", inserted the second sentence authorizing grants affecting handicapped children, extended the provisions of the first sentence to include not only "mentally retarded children" but other "handicapped children" and added provision authorizing grants for scholarships to personnel training to be teachers of the deaf, respectively.

EFFECTIVE DATE of 1963 AMENDMENTS Section 301(a)(5) of Pub. L. 88-164 provided that: "The amendments made by this subsection [to first three sentences of this section and sections 612, 613, and 617 of this title] shall apply in the case of fiscal years beginning after June 30, 1963, except that deaf children shall not be included as 'handicapped children' for purposes of such amendments for the fiscal year ending June 30, 1964."

Section 301(b) of Pub. L. 88-164 provided in part that amendment of this section by section 301(b) authorizing grants for scholarships to train teachers of the deaf shall be effective for fiscal years beginning after June 30, 1964. § 612. Grants to State educational agencies for fellowships.

The Commissioner of Education is also authorized to make grants to State educational agencies to assist them in establishing and maintaining, directly or through grants to public or other nonprofit institutions of higher learning, fellowships or traineeships for training personnel engaged or preparing to engage in employment as teachers of handicapped children or as supervisors of such teachers. Such grants shall also be available to assist such institutions in meeting the costs of training such personnel. (Pub. L. 85-926, § 2, Sept. 6, 1958, 72 Stat. 1777; Pub. L. 86-158, title II, § 201, Aug. 14, 1959, 73 Stat. 346; Pub. L. 88-164, title III, § 301 (a) (3), Oct. 31, 1963, 77 Stat. 294.)

AMENDMENTS

1963-Pub. L. 88-164 substituted "handicapped children" for "mentally retarded children."

1959-Pub. L. 86-158 authorized grants to be used to assist institutions in meeting the costs of training personnel.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment of this section by Pub. L. 88-164 applicable in case of fiscal years beginning after June 30, 1963, but excluding deaf children from the term "handicapped children" for purpose of such amendment for fiscal year ending June 30, 1964, see section 301(a) (5) of Pub. L. 88-164, set out as a note under section 611 of this title.

§ 613. Payments of grants.

Payments of grants pursuant to this chapter may be made by the Commissioner of Education from time to time, in advance or by way of reimbursement, on such conditions as the Commissioner may determine. (Pub. L. 85-926, § 3, Sept. 6, 1958, 72 Stat. 1777; Pub. L. 88-164, title III, § 301(a) (4), Oct. 31, 1963, 77 Stat. 294.)

AMENDMENTS

1963-Pub. L. 88-164 eliminated provision which limited the payment of grants to $1,000,000 for any 1 fiscal year which is now covered by section 617 of this title. EFFECTIVE DATE OF 1963 AMENDMENT Amendment of this section by Pub. L. 88-164 applicable in case of fiscal years beginning after June 30, 1963, but excluding deaf children from the term "handicapped children" for purpose of such amendment for fiscal year ending June 30, 1964, see section 301(a)(5) of Pub. L. 88-164, set out as a note under section 611 of this title. § 614. Report to Commissioner; financial statement.

Each State educational agency and each public or other nonprofit institution of higher education which receives a grant under this chapter during a fiscal year shall after the end of such fiscal year submit a report to the Commissioner of Education. Such report shall contain a detailed financial statement showing the purposes for which the funds granted under this chapter were expended. (Pub. L. 85-926, § 4, Sept. 6, 1958, 72 Stat. 1777.) § 615. Definitions.

For purposes of this chapter

(a) The term "nonprofit institution” means an institution owned and operated by one or more 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.

(b) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for State supervision of public elementary and secondary schools in the State. (Pub. L. 85-926, § 5, Sept. 6, 1958, 72 Stat. 1777.)

§ 616. Delegation of functions.

The Commissioner of Education is authorized to delegate any of his functions under this chapter, except the making of regulations, to any officer or employee of the Office of Education. (Pub. L. 85926, § 6, Sept. 6, 1958, 72 Stat. 1777.)

§ 617. Authorization of appropriations.

There are authorized to be appropriated for carrying out this chapter $11,500,000 for the fiscal year ending June 30, 1964; $14,500,000 for the fiscal year

ending June 30, 1965; and $19,500,000 for the fiscal year ending June 30, 1966. (Pub. L. 85-926, § 7, Sept. 6, 1958, 72 Stat. 1777; Pub. L. 88-164, title III, § 301 (a) (4), Oct. 31, 1963, 77 Stat. 294.)

AMENDMENTS

1963-Pub. L. 88-164 substituted authorization of appropriations for termination provision continuing the chapter in effect until a date 10 years after Sept. 6, 1958. EFFECTIVE DATE OF 1963 AMENDMENT Amendment of this section by Pub. L. 88-164 applicable in case of fiscal years beginning after June 30, 1963, but excluding deaf children from the term "handicapped children" for purpose of such amendment for fiscal year ending June 30, 1964, see section 301(a)(5) of Pub. L. 88-164, set out as a note under section 611 of this title.

§ 618. Research and demonstration projects.

(a) Authorization of appropriations; installments; advances or reimbursement; conditions. There is authorized to be appropriated for the fiscal year ending June 30, 1964, and each of the next two fiscal years, the sum of $2,000,000 to enable the Commissioner of Education to make grants to States, State or local educational agencies, public and nonprofit private institutions of higher learning, and other public or nonprofit private educational or research agencies and organizations for research or demonstration projects relating to education for mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education (hereinafter in this section referred to as "handicapped children"). Such grants shall be made in installments, in advance or by way of reimbursement, and on such conditions as the Commissioner of Education may determine.

(b) Advisory committees.

The Commissioner of Education is authorized to appoint such special or technical advisory committees as he may deem necessary to advise him on matters of general policy relating to particular fields of education of handicapped children or relating to special services necessary thereto or special problems involved therein.

The Commissioner of Education shall also from time to time appoint panels of experts who are competent to evaluate various types of research or demonstration projects under this section, and shall secure the advice and recommendations of such a panel before making any such grant in the field in which such experts are competent.

(d) Compensation and travel expenses.

Members of any committee or panel appointed under this section who are not regular full-time employees of the United States shall, while serving on the business of such committee or panel, be entitled to receive compensation at rates fixed by the Secretary of Health, Education, and Welfare, but not exceeding $75 per day, including travel time; and, while so serving away from their homes or regular place of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 73b-2 of Title 5 for persons in the Government service employed intermittently.

§ 631. Declaration of purpose; authorization of appropriations.

The purpose of this chapter is to provide assistance for the construction of urgently needed minimum school facilities in school districts which have had substantial increases in school membership as a result of new or increased Federal activities. There are authorized to be appropriated for the fiscal year ending June 30, 1959, and each fiscal year thereafter, such sums as the Congress may determine to be necessary for such purpose. Sums so appropriated, other than sums appropriated for administration, shall remain available until expended. (Sept. 23, 1950, ch. 995, § 1, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 548.)

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