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Page:United States Statutes at Large Volume 100 Part 2.djvu/475

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1577

STUDENT REPRESENTATION

"SEC. 1207. The Secretary shall, in appointing individuals to any commission, committee, board, panel, or other body in connection with the administration of this Act, include individuals who are, at the time of appointment, attending an institution of higher education.".

20 USC 1145b.

SEC. 1205. FINANCIAL RESPONSIBILITY OF FOREIGN STUDENTS.

Title XII of the Act is further amended by adding at the end thereof the following new section: "FINANCIAL RESPONSIBILITY OF FOREIGN STUDENTS

"SEC. 1208. Nothing in this Act or any other Federal law shall be construed to prohibit any institution of higher education from requiring a student who is a foreign national (and not admitted to permanent residence in the United States) to guarantee the future payment of tuition and fees to such institution by (1) making advance payment of such tuition and fees, (2) making deposits in an escrow account administered by such institution for such payments, or (3) obtaining a bond or other insurance that such payments will be made.".

20 USC 1145c.

SEC. 1206. DISCLOSURES OF FOREIGN GIFTS.

(a) GENERAL RULE.—Title XII of the Act is further amended by adding at the end thereof the following new section: "DISCLOSURES OF FOREIGN GIFTS

"SEC. 1209. (a) Whenever any institution receives a gift from or enters into a contract with a foreign source, the value of which is $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year, the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner. "(b) Each report to the Secretary required by this Act shall contain: "(1) For gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country. The country to which a gift is attributable is the country of citizenship, or if unknown, the principal residence for a foreign source who is a natural p|erson, and the country of incorporation, or if unknown, the principal place of i business, for a foreign source which is a legal entity. "(2) For gifts received from or contracts entered into with a t foreign government, the aggregate amount of such gifts and contracts received from each foreign government. "(c) Notwithstanding the provisions of subsection (b), whenever any institution receives a restricted or conditional gift or contract from a foreign source, the institution shall disclose: "(1) For such gifts received from or contracts entered into with a foreign source other than a foreign government, the ' amount, the date, and a description of such conditions or restrictions. The report shall also disclose the country of citizenship, or I if unknown, the principal residence for a foreign source which is a natural person, and the country of incorporation, or if

Contracts. 20 USC 1145d.

Reports.

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 100 STAT. 1578

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State and local governments.

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PUBLIC LAW 99-498—OCT. 17, 1986

unknown, the principal place of business for a foreign source which is a legal entity. ' "(2) For gifts received from or contracts entered into with a foreign government, the amount, the date, a description of such conditions or restrictions, and the name of the foreign government. "(d)(1) If an institution described under subsection (a) is within a State which has enacted requirements for public disclosure of gifts from or contracts with a foreign source that are substantially similar to the requirements of this section, a copy of the disclosure report filed with the State may be filed with the Secretary in lieu of a report required under subsection (a). The State in which the institution is located shall provide to the Secretary such assurances as the Secretary may require to establish that the institution has met the requirements for public disclosure under State law if the State report is filed. "(2) If an institution receives a gift from, or enters into a contract with, a foreign source, where any other department, agency, or bureau of the executive branch requires a report containing requirements substantially similar to those required under this Act, a copy of this report may be filed with the Secretary in lieu of a report required under subsection (a). ' (e) All disclosure reports required by this Act shall be public records open to inspection and copying during business hours. "(f)(1) Whenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated thereunder, a civil action may be brought in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of the Act. "(2) For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. "(g) The Secretary may promulgate regulations to carry out the ministerial duties imposed on the Secretary by this section. "(h) For the purpose of this section— "(1) the term 'contract' means any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties; V "(2) the term 'foreign source' means— "(A) a foreign government, including an agency of a foreign government; ' "(B) a legal entity, governmental or otherwise, created solely under the laws of a foreign state or states; - jv i ' f 1 "(C) an individual who is not a citizen or a national of the ' ' - '' United States or a trust territory or protectorate thereof; and "(D) an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source; "(3) the term 'gift' means any gift of money or property; "(4) the term 'institution' means any institution, public or private, or, if a multicampus institution, any single campus of such institution, in any State which—

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1579

"(A) is legally authorized within such State to provide a program of education beyond high school; "(B) provides a program for which it awards a bachelor's degree (or provides not less than a 2-year program which is acceptable for full credit toward such a degree) or more advanced degrees; and "(C) is accredited by a nationally recognized accrediting agency or association and to which institution Federal ^r f financial assistance is extended (directly or indirectly through another entity or person), or which institution receives support from the extension of Federal financial assistance to any of its subunits; and "(5) the term 'restricted or conditional gift or contract' means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding (A) the employment, assignment, or termination of faculty; (B) the establishment of departments, centers, research or lecture programs, or new faculty positions; (C) the selection or admission of students; or (D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion.", (b) REPEALER.—Section 1208 of the Act, as added by subsection (a) of this section, is repealed on August 1, 1989.

20 USC 1145c.

SEC. 1207. AGGREGATE LIMIT OF AUTHORIZATION OF APPROPRIATIONS.

Title XII of the Act is further amended by adding at the end thereof the following new section: AGGREGATE LIMIT OF AUTHORIZATION OF APPROPRIATIONS

"SEC. 1210. Notwithstanding any other provision of this Act, the total amount which may be appropriated to carry out the programs and activities authorized by this Act, other than the programs and activities authorized by subpart 1 of part A and part B of title IV, "(1) $3,166,000,000 "(2) $3,351,000,000 "(3) $3,552,000,000 "(4) $3,771,000,000 "(5) $4,007,000,000

for for for for for

fiscal fiscal fiscal fiscal fiscal

year year year year year

20 USC 1145e.

1987, 1988, 1989, 1990, and 1991.".

TITLE XIII—EDUCATION ADMINISTRATION PART A—SECRETARIAL STUDIES AND EVALUATIONS SEC. 1301. SATISFACTORY PROGRESS.

The Secretary, through the Office of Educational Research and Improvement, shall conduct a survey on the impact, if any, on grades of students of the amendments made by this Act to section 484(d) of the Act. The study required by this subsection shall be conducted over the 5-year period ending September 30, 1991. The Secretary, after the end of each year of the study, shall submit to the Congress a report of the survey required by this subsection, together with such recommendations as the Secretary deems appropriate.

20 USC 1091 note.

Reports.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/478

 100 STAT. 1580 20 USC 1121

SEC. 1302. NATIONAL ENDOWMENT FOR INTERNATIONAL STUDIES. (a) STUDY REQUIRED.—The Secretary shall, in consultation

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20 USC 1221e-l

^'^^'

PUBLIC LAW 99-498—OCT. 17, 1986

with the Director of the United States Information Agency, the Director of the Agency for International Development, the Secretary of State, and the Secretary of Defense, conduct a study on the establishment of a National Endowment for International Studies. The study shall develop a program, a funding plan, and priorities for such an Endowment. (b) CONDUCT OP STUDY.—In carrying out the study required by this section, the Secretary shall consider— (1) the extent of the need for international studies programs at all educational levels, not served by this title; (2) the programs at the Agency for International Development, the United States Information Agency, and the Departments of State, Defense, and Education which can be coordinated to increase the scope and number and kinds of participants in international educational programs; (3) the feasibility of an Endowment for International Studies, by whom it shall be administered, and procedures for receiving corporate and other private contributions for supplemental funding, similar to Treasury fund accounts at other Federal agencies; and (4) a comprehensive evaluation of the weaknesses and strengths in international education and foreign language training at all levels of education in our Nation and the role of the Endowment to remedy these weaknesses, and encourage expansion of these strengths. (c) REPORT.—The Secretary shall prepare and submit to the Congress, not later than one year after the date of enactment of this section, a report on the study required by this section, together with such recommendations, including recommendations for legislation, as the Secretary deems appropriate. , SEC. 1303. DATA STUDY REQUIRED. (a) CONDUCT OP STUDIES.—The

Secretary shall, through the Office of Education Research and Improvement or the Center for Education Statistics, shall conduct the studies required by this section and submit reports thereon to the Congress not later than September 30, 1990. The reports shall contain such recommendations, including recommendations for legislation, as the Secretary deems appropriate. (b) COST STUDY REQUIRED.MD The Secretary shall conduct a study on the escalating cost of higher education. The study required by this section shall— (A) identify the current cost of obtaining a higher education and determine how that cost has changed in recent years, (B) determine the specific causes of such changes in cost and the extent to which those causes have contributed to such ^'' ' changes, (C) forecast the future cost of obtaining a higher education with consideration given to prospective demographic changes in student enrollments, .&r » ^; i (D) evaluate the impact of such changes in cost on institutions of higher education, their students, and lower- and middleincome families, (E) make recommendations on how such changes in cost can be minimized in the future, and

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1581

(F) outline State and Federal policy options which may help to minimize such changes in cost in the future. (2) In conducting such study, the Secretary shall give special consideration to the impact of escalating costs on lower- and middleincome students and families, the impact of escalating costs on female and minority students, the impact of escalating costs on the career choices made by students, and the relationship between escalating costs and the Federal student financi£d assistance programs. (3) During the conduct of such study, the Secretary shall consult frequently with the Department of Education, the Chairman of the Senate Committee on Labor and Human Resources, and the Chairman of the House Committee on Education and Labor. (c) STUDENT AID RECIPIENT SURVEY.—(1) The Secretary shall survey student aid recipients on a regular cycle, but not less than once every 3 years— (A) to identify the population of students receiving Federal student aid; (B) to determine the income distribution and other socioeconomic characteristics of federally aided students; (C) to describe the combinations of aid from State, Federal, and private sources received by students from all income groups; (D) to describe the debt burden of loan recipients and their capacity to repay their education debts; and (E) to disseminate such information in both published and machine readable form. (2) The survey shall be representative of full-time and part-time, undergraduate, graduate, and professional and current and former students in all t3rpes of institutions, and should be designed and administered in consultation with the Congress and the postsecondary education community. (d) TEACHER SUPPLY AND DEMAND.—(1) The Secretary shall utilize the legislative authority under section 406(b) of the General Education Provisions Act to annually assess current and future supply and demand for teachers with particular attention to— (A) long-term and short-term shortages of personnel in various subject areas or teaching specialties; (B) shortages in particular States or regions; (C) the number of minorities entering teaching; (D) the number of women and minorities entering educational administration; (E) the effect of State curriculum and graduation requirements on the need for teachers in each State; (F) the extent to which demographic characteristics of persons currently employed as teachers and persons studying to be teachers mateh the characteristics of the students in each State (race, age, sex); (G) the academic qualifications of prospective teachers and the academic preparation of persons currently preparing to be teachers; (H) the effect of the introduction of State mandated teacher competency tests on the demographic and educational characteristics of teachers and the supply of teachers; and (I) an assessment of new and emerging specialties and the technologies, academic subjects, and occupational areas requiring vocational education, with emphasis on the unique needs for

State and local governments. Women. Minorities.

State and local governments. 20 USC 1221e-l.

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 100 STAT. 1582

PUBLIC LAW 99-498—OCT. 17, 1986

preparing an adequate supply of vocational teachers of handicapped students, with added emphasis on the preparation required to teach combined classrooms of handicapped, or other highly targeted groups of students and other students within a vocational education setting. (2) The analysis conducted under this subsection may include assessment of other educational needs identified by the Congress, including an assessment of the need for instructional equipment and materials in elementary and secondary schools and in institutions of higher education. (e) EQUITABLE STUDENT AID FOR FARM FAMILIES.—The Secretary

shall conduct a study of financial aid formulas under title IV of the Act for students in postsecondary educational institutions with special attention to devising a more equitable formula for farm families. Contracts. 20 USC 1011 note.

SEC. 1304. EVALUATION OF CONTINUING EDUCATION.

(a) EVALUATION.—The Secretary shall enter into a contract with a qualified entity to study and evaluate the programs established under part A of this title. (b) SECRETARY'S RESPONSIBILITIES.—The Secretary shall assist in evaluating the status and progress of adult education and postsecondary continuing education in achieving the purposes of this title. Such assistance shall include— (1) an analysis of the findings of the report under subsection (a) together with suggestions for improvements in planning or program operation; and (2) an information network on research in adult and continuing education, the operation of model or innovative programs, successful experiences in the planning, administration, and conduct of adult and continuing education programs, and advances in curriculum and instructional practices and technologies. (c) REPORT.—Not later than January 1, 1990, the Secretary shall submit a report to the Congress on the program evaluations required under this title and on any progress in fulfilling the goals and purposes of this title. The Secretary may include in the report appropriate recommendations or legislative proposals. SEC. 1305. STUDY OF BANKRUPTCY TREATMENT OF STUDENTS.

11 USC 1301 et seq. Reports.

20 USC 1070a note.

Reports.

The Secretary shall conduct a study of the treatment of students under chapter 13 of title 11, United States Code, relating to the discharge of student loan indebtedness in bankruptcy proceedings, and of the effect of including such students under that provision of that law. The Secretary shall prepare and submit a report to the Congress on the study required by this section not later than 3 months after the date of enactment of this Act. SEC. 1306. STUDY OF PELL GRANT LESS THAN HALF-TIME STUDENTS.

The Secretary shall conduct a study to determine the number of less than half-time students who would be eligible for Pell grants by reason of having an expected family contribution of $0 and by reason of having an expected family contribution of $0-$200 for the appropriate academic years. The Secretary shall prepare and submit a report to the Congress not later than September 30, 1988, on the results of the study required by this section.

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1583

SEC. 1307. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $2,700,000 for the fiscal year 1987 and for each of the 2 succeeding fiscal years to carry out the provisions of this part. PART B—GENERAL ACCOUNTING OFFICE REPORTS SEC. 1311. STUDY OF PRACTICES OF STATE GUARANTY AGENCIES AND MULTISTATE GUARANTORS UNDER THE GUARANTEED STUDENT LOAN PROGRAM.

(a) STUDY REQUIRED.—The Comptroller General shall conduct a complete study of the practices of State guaranty agencies and multistate guarantors under the guaranteed student loan program authorized by part B of title IV of the Act. The study shall investigate, on a comparative basis— (1) due diligence practice of lenders; (2) default rates and recovery rates on student loans; (3) changes in loan volume; (4) methods of soliciting student borrowers; (5) potential for fraudulent double borrowing by students; (6) participation agreements between the types of guarantor and lenders; (7) eligible institution participation agreements; (8) adequacy of reserved funds in relation to guaranty commitments made by the agency and the default risk which such commitments represent, as reflected by the socio-economic background of the borrowers, the category of institution attended, and the historical experience of the agency; I (9) types of services provided to lenders, eligible institutions, and borrowers; (10) use of funds generated through participation in the guaranteed student loan program by amount and nature of expenses for administrative support for programs other than the guaranteed student loan program; (11) to what extent the guarantors meet the requirements of truth-in-lending provisions; (12) profile of borrowers and defaulters of loans guaranteed by the agency and an assessment of the default risks inherent in such loans; (13) coordination of the loan guaranty program with grant programs; (14) general student access to loan assistance; and (15) need for administrative cost allowances by particular guaranty agencies in relation to the default risk faced by the agency, the administrative costs incurred, or needed to be incurred by the agency, and other factors relevant to the cost of guaranteeing loans under the program. (b) REPORT.—The Comptroller Cieneral of the United States shall prepare and submit a report, not later than 2 years after the date of enactment of this Act, to the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives on the flndings of the study required by subsection (a) of this section, together with such recommendations as the Comptroller General deems appropriate.

20 USC 1071 ^°^-

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" '

,

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Page:United States Statutes at Large Volume 100 Part 2.djvu/482

 100 STAT. 1584 20 USC 1071 note.

Reports.

20 USC 1071 note.

Reports.

20 USC 1071 note.

SEC. 1312. STUDY OF USE OF MULTIPLE-YEAR LINES OF CREDIT.

The Comptroller General shall evaluate the feasibility and efficiency of permitting students to establish lines of credit with eligible lenders under part B of title IV of the Act that cover more than 2 years of attendance at an institution of higher education. Such evaluation shall determine the extent to which such an arrangement would reduce the administrative costs associated with making separate loans annually under such part. In conducting such evaluation, the Comptroller General shall consult institutions of higher education and eligible lenders under such part. Within 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Congress a report on the results of such evaluation together with such recommendations as the Secretary considers appropriate. SEC. 1313. STUDY OF MULTIPLE DISBURSEMENT.

The Comptroller General shall evaluate the impact of the multiple disbursement system required for student loans under part B of title IV of the Act on the ability of both students and institutions of higher education to meet their expenses as they arise. Such evaluation shall include an assessment of any other impacts of such system on such students or institutions that the Comptroller General determines to be significant. A report on the results of such evaluation shall be submitted to the Congress not later than 2 years after the date of enactment of this Act. SEC. 1314. STUDENT LOAN CONSOLIDATION.

The Comptroller General shall evaluate the cost, efficiency, and impact of the consolidation loan program established by the amendments made by this Act to part B of title IV of the Act and shall report to the Congress not later than 2 years after the date of enactment of this Act on the findings and recommendations required by this subsection. nf's

20 USC 1221-1 note.

PUBLIC LAW 99-498—OCT. 17, 1986

1

PART C—COSTS OF POSTSECONDARY EDUCATION

SEC. 1321. NATIONAL COMMISSION ON RESPONSIBILITIES FOR FINANCING POSTSECONDARY EDUCATION.

(a) FINDINGS.—The Congress finds— (1) that institutions of higher education in our Nation and their human and intellectual resources are critical to the future its strength, security, and freedom, and the quality of life for all citizens are tied to the quality and extent of higher education available; (2) that it is the responsibility of the Federal Government to establish a clearly defined national policy regarding— (A) the role and expectations of respective institutions in society (the family unit, institutions of higher education, '5*> postsecondary education); and (B) the most efficient and effective use of limited Federal, State, and private resources for supplementing the family effort in financing postsecondary education and for creating v»- ^ J incentives for individuals and families to plan for financing postsecondary education; and
 * * of the American society, and the Nation's economic potential,
 * * - government, and the individual in financing the costs of

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1585

(3) the appropriate response to economic, budgetary, demographic, and social changes which will require individuals, families, institutions of higher education, and government to plan and adapt to the future needs for student financial assistance for postsecondary education. Ob) ESTABLISHMENT OF THE COMMISSION.—(1) There is established as an independent agency in the executive branch a commission to be known as the National Commission on Responsibilities for Financing Postsecondary Education (hereafter in this section referred to as the "Commission"). (2) The Commission shall be composed of 9 members, 3 of whom shall be appointed by the President, 3 of whom shall be appointed by the Speaker of the House of Representatives, and 3 of whom shall be appointed by the majority leader of the Senate. The membership of the Commission shall provide expertise and experience in the provision and financing of postsecondary education, including student financial aid administrators, secondary school administrators, individuals skilled in education economics research, individuals having expertise in the development of standards and systems of need analysis for student assistance programs, and individuals with particular expertise in credit financing for postsecondary education. (c) DUTIES OF THE COMMISSION.—

(1) IN GENERAL.—The Commission shall study and investigate the extent to which— (A) there is a consistent and coherent Federal policy regarding the appropriate family role in financing the costs of postsecondary education for family members; (B) the current Federal laws and regulations promote the stated Federal policy; and (C) the extent to which State laws which remove parental responsibilities for children over 18 years of age conflict with Federal policy in this area. (2) REPORT AND RECOMMENDATIONS.—The Commission shall— (A) summarize the appropriate findings of the National Commission on Student Financial Assistance; (B) recommend to the Congress a comprehensive analysis on the extent to which a consensus exists regarding the appropriate role of the family in financing postsecondary education; and (C) to the extent that a consensus exists, recommend ..': changes in current law that would be required to achieve the desired Federal policy, including recommendations on Federal incentives to encourage families to plan and save for their financial responsibilities in financing postsecondary education for family members taking into account the needs of future generations. (d) SPECIFIC REQUIREMENTS.—In carrying out its responsibilities under subsection (c), the Commission shall make a study of the following areas: (1) NEED ANALYSIS.—

(A) The most appropriate mechanisms for measuring student and family ability to pay for postsecondary education. (B) The incentives and disincentives for family saving in existing need analysis systems. (C) The feasibility and impact of different need analysis systems £Uid eligibility formulas for determining student

State and local governments,

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Page:United States Statutes at Large Volume 100 Part 2.djvu/484

 100 STAT. 1586

PUBLIC LAW 99-498—OCT. 17, 1986

"--

and family contributions for Federal and non-Federal grant, loan, and work-study programs. (D) The extent to which existing systems of need analysis r J* take into account the circumstances of older and nontraditional students, students with minor dependents, and divorced and separated parents. (E) The extent to which existing systems of need analysis recognize differing regional economic conditions. (F) The feasibility of a simplified need analysis system for determining ability to pay for low-income families, economically disadvantaged families, and families receiving public assistance benefits. (G) The postsecondary education financing partnership, and the impact of external influences, such as economic conditions or State-level initiatives, that affect the balance of financial support among students and their families, the Federal Government, States, postsecondary institutions, credit institutions, and the private sector. (2) STUDENT INDEPENDENCE.—The most appropriate mechanisms and factors to be considered in determining student independence and self-support and in determining when families should be expected to provide parental financial information in determining expected family contributions for Federal student assistance programs. (3) PARENTAL RESPONSIBILITY.—In consultation and cooperation with associations of higher education institutions and administrators, secondary schools, student and parent associations, and other organizations, the most effective means of reinforcing and promoting the principle of parental responsibility for contributing, to the extent that they are able, to the costs of their children's postsecondary education. (4) STUDENT RESPONSIBILITY.—The most effective mechanisms for measuring student ability to contribute to educational cost through earnings and savings, the extent to which such mechanisms reflect the circumstances of students from disadvantaged families, and the existing levels of student contributions from past, current, and future earnings. (5) INSTITUTIONAL RESPONSIBILITY.—The most effective mechanisms of reinforcing and promoting the principle of institutional responsibility for providing need-based aid to students attending postsecondary institutions. (6) GOVERNMENTAL RESPONSIBILITY.—The most efficient and appropriate mechanisms for providing student assistance from the various levels of government. (7) EARLY INFORMATION, PLANNING, AND INFORMATION TECH-

NOLOGY.—The extent to which programs providing early information on postsecondary education, costs, and financial aid programs to students and their families influence educational opportunity and family saving. (e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this part $1,000,000. (f) TERMINATION.—The Commission shall terminate 2 years after the initial appointment of members.

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1587

PART D—LIBRARY RESOURCES SEC. 1331. STUDY OF THE EFFECTIVENESS OF THE NEEDS CRITERIA FOR 20 USC 1029 THE COLLEGE LIBRARY RESOURCE PROGRAM AU- note. THORIZED.

(a) STUDY REQUIRED.—The National Commission on Libraries and Information Sciences shall conduct a study on the effectiveness in directing assistance to libraries with the greatest need of the needs criteria specified in section 211 of the Act. (b) REPORT TO CONGRESS.—The National Commission on Libraries and Information Sciences shall prepare and submit a report to the Congress not later than 3 years after the conclusion of the first fiscal year in which appropriations are made for the College Library Resource Program authorized by section 211 of the Act, together with such recommendations as the Commission on Libraries and Information Sciences deems appropriate.

Ante, p. 1287.

^

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PART E—NATIONAL ACADEMY OF SCIENCES STUDY SEC. 1341. VOLUNTEERS.

20 USC 1221-1

(a) STUDY REQUIRED.—The National Academy of Sciences shall "°*^ conduct a thorough study of how volunteers can best be used in the classroom. The study required by this section shall include— (1) the feasibility of using recipients of student loans made, assured, or guaranteed under part B of title IV of the Act or part E of such title as part of repayment of such loems; (2) the use of older Americans as such volunteers; (3) the use of business persons and other professionals as volunteers; and (4) the place of incentives to encourage volunteerism. The study required by this section shall examine the methods of using volunteers designed to provide the greatest flexibility for local educational agencies. (b) REPORTS REQUIRED.—The National Academy of Sciences shall, not later than one year after the date of enactment of this Act, prepare and submit to the Congress their respective reports, together with a description of programs on the use of volunteers and with such recommendations as the Secretary deems appropriate. (c) AvAiLABiliTY OF FuNDS.—The Secretary shall, from funds available for the administration of the Department of Education, make available not to exceed $500,000 for the study required by this section. PART F—FAULKNER UNIVERSITY SEC. 1351. RELIEF OF LIABILITY.

(a) REUEF OF LIABILITY.—Faulkner University (formerly Alabama Alabama. Christian College) of Montgomery, Alabama, is relieved of all liability— (1) to repay to the United States the sum of $147,681.39, plus (2) to pay $7,822.50 to the National Direct Student Loan Fund of the Faulkner University, representing payments inadvertently made pursuant to subpart 1 and subpart 2 of part A and part C of title IV of the Higher Education Act of 1965 and direct student loans inadvertently made Ante, p. 1308.

7-j_194 0 - 89 - 17: QL. 3 Part2

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 100 STAT. 1588

PUBLIC LAW 99-498—OCT. 17, 1986

under part E of such title IV prior to the receipt of eligibility status for the junior and senior years of the baccalaureate degree programs offered by Faulkner University. In the audit and settlement of the f f accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this section. (b) SPECIAL RULE.—For the purpose of part B of title IV of the Higher Education Act of 1965, each student in attendance at the Faulkner University of Montgomery, Alabama, receiving a federally AKk insured loan for the academic year 1981-1982 and for the academic year 1982-1983 pursuant to such part B shall be deemed to be in attendance at an eligible institution for that academic year. 1^; 20 USC 1091

PART

G—AuEN YOUTH EDUCATION OPPORTUNITY PANEL

SEC. 1361. DENIAL OF STUDENT ASSISTANCE TO CERTAIN NONCITIZENS. (a) ESTABLISHMENT OF PANEL.—(1) There is established in the Department of Education a panel to be known as the "Alien Youth Education Opportunity Panel" (hereafter in this section referred to - • - ^ -• as the "Panel"). -if ! (2) The Panel shall be composed of 7 members, 3 of whom shall be appointed by the Secretary, 2 of whom shall be appointed by the Speaker of the House of Representatives, and 2 of whom shall be appointed by the Majority Leader of the Senate. (b) DUTIES OF PANEL.—The Panel shall study and investigate the extent to which the requirements of section 484(aK5) of the Act result in the denial of student assistance to long-term residents of the United States who have graduated from United States high schools and the extent to which that denial deprives those individuals of an equal educational opportunity. (c) REPORT AND RECOMMENDATIONS.—The Panel shall submit a report of its findings and recommendations to the Secretary, the President, and the Congress not later than 2 years after the date of enactment of this section. (d) ADMINISTRATIVE AND CLERICAL SUPPORT.—The Secretary shall provide the Panel with such administrative and clerical support as it may require to carry out its activities under this section. (e) COMPENSATION AND EXPENSES.—(1) Members of the Panel who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States; but they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. (2) Members of the Panel who are not officers or full-time employees of the United States may each receive reimbursement for travel . 0 ivi/i expenses incident to attending Panel meetings, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. (f) ACCESS TO INFORMATION.—The Panel is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this section and each such department, bureau, agency, board, 3W. n >-.i commission, office, independent establishment, or instrumentality is

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100 STAT. 1589

authorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the Panel. PART H—BOSTON COLLEGE

SEC. 137L DEBT PROVISION.

The Secretary is directed to cancel all annual debt service obligations of the receiving institution for fiscal years 1987, 1988, 1989, and 1990 of which the total amount to be cancelled shall not exceed $2,700,000 adjusted as required in fiscal year 1990, for the Department of Education Project Loan #5-1-00665-0 dated August 5, 1981, and shall adjust the loan agreement to reflect the change required by this section without any other provision of law being applicable.

'^ "^ ' '*•'

PART I—CARL ALBERT CONGRESSIONAL RESEARCH AND STUDIES CENTER

SEC. 1381. APPROPRIATION PROVISION.

Funds appropriated in Public Law 97-377 under the heading "HIGHER AND CONTINUING EDUCATION", for the Carl Albert Congressional Research and Studies Center, under the terms of H.R. 3598 (97th Congress) shall be available as a direct appropriation without regard to section 4(a) of H.R. 3598 (97th Congress).

.,,p,j ^,.

TITLE XIV—EDUCATION RESEARCH AND STATISTICS SEC. 1401. EDUCATIONAL RESEARCH AND IMPROVEMENT.

(a) OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.—Section 405 of the General Education Provisions Act (20 U.S.C. 1221e) is amended to read as follows:

tsai i v.*

"OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

"SEC. 405. (a)(1) The Congress declares it to be the policy of the United States to provide to every individual an equal opportunity to receive an education of high quality regardless of race, color, religion, sex, age, handicap, national origin, or social class. Although the American educational system has pursued this objective, it has not attained the objective. Inequalities of opportunity to receive high quality education remain pronounced. To achieve the goal of quality education requires the continued pursuit of knowledge about education through research, improvement activities, data collection, and information dissemination. While the direction of American education remains primarily the responsibility of State and local governments, the Federal Government has a clear responsibility to provide leadership in the conduct and support of scientific inquiry into the educational process. "(2) The Congress further declares it to be the policy of the United States to— "(A) promote the quality and equity of American education, "(B) advance the practice of education as an art, science, and profession; "(C) support educational research of the highest quality; "(D) strengthen the educational research and development system;

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Page:United States Statutes at Large Volume 100 Part 2.djvu/488

 100 STAT. 1590 i!pi OJ

20 USC 3412.

20 USC 3419.

Post, p. 1597.

Research and development.

Women. Aged persons. Minorities. Handicapped persons. Disadvantaged persons.

PUBLIC LAW 99-498—OCT. 17, 1986

"(E) improve educational techniques and training; "(F) assess the national progress of this Nation's schools and educational institutions, particularly special populations; and "(G) collect, analyze, and disseminate statistics and other data related to education in the United States and other nations. "(3) For purposes of this section— "(A) the term 'Assistant Secretary' means the Assistant Secretary for Educational Research and Improvement established by section 202 of the Department of Education Organization Act; "(B) the term 'Council' means the National Advisory Council on Educational Research and Improvement established by subsection (c); "(C) the term 'educational research' includes basic and applied research, development, planning, surveys, assessments, evaluations, investigations, experiments, and demonstrations in the field of education and other fields relating to education; "(D) the term 'Office' means the Office of Educational Research and Improvement established by section 209 of the Department of Education Organization Act; and "(E) the terms 'United States' and 'State' include the District of Columbia and the Commonwealth of Puerto Rico. "(b)(l) It shall be the purpose of the Office to carry out the policies set forth in subsection (a) of this section. The Office shall be administered by the Assistant Secretary and shall include— "(A) the National Advisory Council on Educational Research and Improvement established in subsection (c); "(B) the Center for Education Statistics established by section 406; and "(C) such other units as the Secretary deems appropriate to carry out the purposes of the Office. "(2) The Office shall, in accordance with the provisions of this section, seek to improve education in the United States through concentrating the resources of the Office on the priority research and development needs described in paragraph (3). "(3) The needs to which paragraph (2) apply are— "(A) improving student achievement; "(B) improving the ability of schools to meet their responsibilities to provide equal educational opportunities for all students, including those with limited English-speaking ability, women, older students, part-time students, minority students, gifted and talented students, handicapped students, and students who are socially, economically, or educationally disadvantaged; "(C) collecting, analyzing, and disseminating statistics and other data related to education in the United States and other nations; "(D) improving the dissemination and application of knowledge obtained through educational research and data gathering, particularly to education professionals and policy makers; "(E) encouraging the study of the sciences, the arts, and the humanities, including foreign languages and cultures; "(F) improving the data base of information on special populations and their educational status; "(G) conducting research on adult educational achievement, particularly literacy and illiteracy as it affects employment, crime, health, and human welfare;

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100 STAT. 1591

-

"(H) conducting research on postsecondary opportunities, especially access for minorities and women; and "(I) conducting research on education professionals, especially at the elementary and secondary levels including issues of recruitment, training, retention, and compensation. "(4) The Secretary shall publish proposed research priorities in the Federal Register every two years, not later than October 1, and shall allow a period of sixty days for public comments and suggestions. "(c)(1) The Council shall consist of fifteen members appointed by the President, by and with the advice and consent of the Senate. In addition, there shall be such ex officio members who are officers of the United States as the President may designate, including the Assistant Secretary. A majority of the appointed members of the Council shall constitute a quorum. The chairperson of the Council shall be designated by the President from among the appointed members. Ex officio members shall not have a vote on the Council. The members of the Council shall be appointed to ensure that the Council is broadly representative of the general public; the education professions, including practitioners; policymakers and researchers; and the various fields and levels of education. "(2)(A) Except as provided in subparagraph (B), members shall be appointed to terms of three years. "(B) Of the members first appointed— "(i) five shall be appointed for terms of one year; "(ii) five shall be appointed for terms of two years; and "(iii) five shall be appointed for terms of three years; as designated by the President at the time of appointment. "(C) Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of a term until a successor has taken office. "(D) An appointed member who has been a member of the Council for six consecutive years shall be ineligible for appointment to the Council during the two-year period following the expiration of the sixth year. "(3) The Council shall— "(A) advise the Secretary and the Assistant Secretary on the policies and activities carried out by the Office; "(B) review and publicly comment on the policies and activities of the Office; "(C) conduct such activities as may be necessary to fulfill its functions under this subsection; "(D) prepare such reports to the Secretary on the activities of the Office as are appropriate; and "(E) submit, no later than March 31 of each year, a report to the President and the Congress on the activities of the Office, and on education, educational research, and data gathering in general. "(d)(1) In order to carry out the objectives of the Office under this section, the Secretary within the limits of available resources shall— "(A) conduct educational research; "(B) collect, analyze, and disseminate the findings of education research; "(C) train individuals in educational research;

Federal Register, publication.

Reports.

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 100 STAT. 1592 ^t

5 USC 5101 et

seq., 5331 et seq.

20 USC 3419.

Grants. Contracts.

PUBLIC LAW 99-498—OCT. 17, 1986

"(D) assist and foster such research, collection, dissemination, and training through grants, cooperative agreements, and technical assistance; "(E) promote the coordination of educational research and research support within the Federal Government and otherwise assist and foster such research; and "(F) collect, analyze, and disseminate statistics and other data related to education in the United States and other nations. "(2)(A) The Secretary may appoint, for terms not to exceed three years (without regard to the provisions of title 5 of the United States Code governing appointment in the competitive service) and may compensate (without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates) such scientific or professional employees of the Office as the Secretary considers necessary to accomplish its functions. The Secretary may also appoint and compensate not more than one-fifth of the number of full-time, regular scientific or professional employees of the Office without regard to such provisions. The rate of basic pay for such employees may not exceed the maximum annual rate of pay for grade GS-15 under section 5332 of title 5 of the United States Code, except that the pay of any employee employed before the date of enactment of the Higher Education Amendments of 1986 shall not be reduced by application of such maximum pay limitation. "(B) The Secretary may reappoint employees described in subparagraph (A) upon presentation of a clear and convincing justification of need, for one additional term not to exceed three years. All such employees shall work on activities of the Office and shall not be reassigned to other duties outside the Office during their term. "(C) Individuals who are employed on the date of enactment of this Act and were employed by such Office on April 1, 1986, and who were employed under excepted hiring authority provided by section 209 of the Department of Education Organization Act or this section may continue to be employed for the duration of their current term. "(3)(A) The Secretary may carry out the activities in paragraph (D— ,,,,. "(i) directly; "(ii) through grants, contracts, and cooperative agreements with institutions of higher education, public and private organizations, institutions, agencies, and individuals; and "(iii) through the provision of technical assistance. "(B) When making competitive awards under this subsection, the Secretary shall— "(i) solicit recommendations and advice regarding research priorities, opportunities, and strategies from qualified experts, such as education professionals and policymakers, personnel of the regional education laboratories and of the research and development centers supported under paragraph (4), and the Council, as well as parents and other members of the general public; "(ii) employ suitable selection procedures utilizing the procedures and principles of peer review, except where such peer review procedures are clearly inappropriate given such factors as the relatively small amount of a grant or contract or the exigencies of the situation; and

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1593

"(iii) determine that the activities assisted will be conducted efficiently, will be of high quality, and will meet priority research and development needs under this section. "(C) Whenever the Secretary enters into a cooperative agreement under this section, the Secretary shall negotiate any subsequent modifications in the cooperative agreement with all parties to the agreement affected by the modifications. "(4)(A) In carrying out the functions of the Office, the Secretary shall, in accordance with the provisions of this subsection, support— "(i) regional educational laboratories established by public agencies or private nonprofit organizations to serve the needs of A. a specific region of the Nation under the guidance of a regionally representative governing board, the regional agendas of which shall, consistent with the priority research and development needs established by subsection (b)(2) and (3), be determined by the governing boards of such labs; "(ii) research and development centers established by institutions of higher education, by institutions of higher education in consort with public agencies or private nonprofit organizations, or by interstate agencies established by compact which operate subsidiary bodies established to conduct postsecondary edu" cational research and development; ."(iii) meritorious unsolicited proposals for educational research and related activities that are authorized by this subsection; and < "(iv) proposals that are specifically invited or requested by the "C Secretary, on a competitive basis, which meet objectives authorized by this subsection. "(B) Prior to awarding a grant or entering into a contract for a regional educational laboratory or research and development center under subparagraph (A)(i) or (A)(ii), the Secretary shall invite applicants to compete for such laboratories and centers through notice published in the Federal Register. "(C) Each application for assistance under subparagraph (A)(i) or (ii) as a regional educational laboratory or a research and development center shall contain such information as the Secretary may reasonably require, including assurances that the applicant will— "(i) be responsible for the conduct of the research and develop', ment activities; ,' "(ii) prepare a long-range plan relating to the conduct of such research and development activities; "(iii) ensure that information developed as a result of such ' research and development activities, including new educational ^ methods, practices, techniques, and products, will be appro^ '* priately disseminated; "(iv) provide technical assistance to appropriate educational agencies and institutions; and "(v) to the extent practicable, provide training for individuals, •' emphasizing training opportunities for women and members of J minority groups, in the use of new educational methods, prac^ tices, techniques, and products developed in connection with such activities. "(D) No grant may be made and no contract entered into for assistance described under subparagraph (A)(i) or (ii) unless— "(i) proposals for assistance under this subsection are solicited from regional educational laboratories and research and development centers by the Office;

Grants. Contracts. Federal Register, publication.

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 100 STAT. 1594

Grants.

Handicapped persons.

Grants.

Reports.

State and local governments.

PUBLIC LAW 99-498—OCT. 17, 1986

>. "(ii) proposals for such assistance are developed by the re{j gional educational laboratories and the research and development centers in consultation with the Office; and "(iii) the Office determines that the proposed activities will be consistent with the education research and development program and dissemination activities which are being conducted by the Office. "(E) No regional educational laboratory or research and development center receiving assistance under this subsection shall, by reason of the receipt of that assistance, be ineligible to receive any other assistance from the Office authorized by law. "(F) The Secretary shall make available adequate funds to support meritorious, unsolicited proposals as described under subparagraph (A)(iii), and provide sufficient notice of the availability of such funds to individual researchers in all regions of the country. "(5) The Secretary, from funds appropriated under this section, may establish and maintain research fellowships in the. Office, for scholars, researchers, and statisticians engaged in the collection and dissemination of information about education and educational research. Subject to regulations published by the Secretary, fellowships may include such stipends and allowance, including travel and subsistence expenses provided for under title 5, United States Code, as the Secretary considers appropriate. "(6) The Secretary may award gremts to institutions of higher education, including teclmical and community colleges as appropriate, to assess the new and emerging specialties and the technologies, academic subjects, and occupational areas requiring vocational education, with emphasis on the unique needs for preparing an adequate supply of vocational teachers of handicapped students. The Secretary shall give special consideration to the preparation required to teach classrooms of handicapped, or other highly targeted groups of students, in combination with other nonhandicapped or other nontargeted students, within the same vocational education setting. "(e)(1) In addition to the other responsibilities of the Office under this section, the Office shall carry out, by grant or cooperative agreement with a nonprofit educational organization, a National Assessment of Educational Progress which shall have as a primary purpose the assessment of the performance of children and young adults in the basic skills of reading, mathematics, communication, and other subjects and skills. Such a National Assessment shall— "(A) collect and report at least once every five years data assessing the performance of students at various age or grade levels in each of the areas of reading, writing, and mathematics; "(B) report periodically data on changes in knowledge and skills of such students over a period of time; "(C) conduct special assessments of other educational areas, as the need for additionad national information arises; ,;. "(D) include in assessment activities information on special groups of individuals; "(E) provide technical assistance to State educational agencies and to local educational agencies on the use of National Assessment objectives, primarily pertaining to— "(i) the basic skills of reading, mathematics, and communication, and

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 PUBLIC LAW 99-498—OCT. 17, 1986 liv.- ' '

100 STAT. 1595

"(ii) on making comparisons of such assessments with the national profile (including special population profiles) and change data developed by the National Assessment; and "(F) with respect to each State which voluntarily participates State and local in accordance with paragraph (5), provide a statement of governments. information collected by the National Assessment for each such State. "(2)(A) The organization through which the Office carries out the National Assessment shall be responsible for overall management of the National Assessment. Such organization shall delegate authority to design and supervise the conduct of the National Assessment to an Assessment Policy Committee, established by such organization. The Assessment Policy Committee shall be composed of— JJ^I «.a "(i) five members appointed by the organization of whom two members shall be representatives of business and industry and •; three members shall be representatives of the general public; .;ii/tia..^^ and "(ii) fourteen members appointed by the organization from the categories of membership specified in subparagraph (B). "(B) Members of the Assessment Policy Committee appointed in accordance with subparagraph (A)(ii) shall be— "(i) one chief State school officer; . "(ii) two State legislators; "(iii) two school district superintendents; "(iv) one member of a State board of education; Z "(v) one member of a local school board; ' "(vi) one Governor of a State; "(vii) four classroom teachers; "(viii) one elementary school principal; and "(ix) one secondary school principal. "(C) The Assistant Secretary shall serve as an ex officio member of the Assessment Policy Committee. The Assistant Secretary shall also appoint a member of the Council to serve as nonvoting member of the Assessment Policy Committee. "(D) Members appointed in accordance with subparagraph (A)(i) and (ii) shall be appointed for terms for three years on a staggered basis. "(3) The Assessment Policy Committee established by paragraph (2) shall be responsible for the design of the National Assessment, including the selection of the learning areas to be assessed, the development and selection of goal statements and assessment items, the assessment methodology, the form and content of the reporting and dissemination of assessment results, and studies to evaluate and improve the form and utilization of the National Assessment. The appropriateness of all cognitive, background, and attitude items developed as part of the National Assessment shall be the respon-sibility of the Assessment Policy Committee. Such items shall be subject to review by the Department of Education and the Office of Management and Budget for a single period of not more than sixty days. (4) Each learning area assessment shall have goal statements devised through a national consensus approach, providing for active participation of teachers, curriculum specialists, subject matter specialists, local school administrators, parents, and members of the general public. All items selected for use in the assessment shall be " '"•'' ^ reviewed to exclude items which might reflect racial, sex, cultural, ' " or regional bias.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/494

 100 STAT. 1596 State and local governments.

PUBLIC LAW 99-498—OCT. 17, 1986

"(5) Participation in the National Assessment by State and local education agencies selected as part of a sample of such agencies shall be voluntary. Reports. •Yd "(6) The Secretary shall provide for a periodic review of the '^' National Assessment. This review shall provide an opportunity for public comment on the conduct and usefulness of the National Assessment and shall result in a report to the Congress, the President, and the Nation on the findings and recommendations, if any, of the review. The Secretary shall consider the findings and recommendations in designing the competition to select the organization through which the Office carries out the National Assessment. "(f)(1) There are authorized to be appropriated to carry out this Post, p. 1597. section and section 406 of this Act, $72,231,000 for fiscal year 1987 and such sums as may be necessary for each of the four succeeding fiscal years. Contracts. "(2) The Secretary may not enter into a contract for the purpose of regional educational laboratories under subsection (d)(3)(A)(i) for a period in excess of five years. "(3) Not less than 95 per centum of funds appropriated pursuant to this subsection for any fiscal year shall be expended to carry out this section through grants, cooperative agreements, or contracts. "(4) When more than one Federal agency uses funds to support a single project under this section, the Office may act for all such agencies in administering those funds. "(g)(1) In each fiscal year for which the total amount appropriated to carry out this section and section 406 of this Act equals or exceeds the total amount appropriated for fiscal year 1986 to carry out such sections "(A) not less than $17,760,000 shall be available in each fiscal year to carry out subsection (d)(4)(A)(ii) of this section (relating to CGntGrs)' "(B) not 'less than $17,000,000 shall be available in each fiscal labs); "(C) not less than $5,700,000 shall be available in each fiscal year to assist the education resources information centers pursuant to subsection (d)(3)(A) of this section; "(D) not less than $4,000,000 shall be available in each fiscal year to carry out subsection (e) of this section (relating to the National Assessment of Educational Progress); "(E) not less than $8,750,000 shall be available in each fiscal year to carry out section 406 of this Act (relating to the Center for Educational Statistics); and "(F) not less than $500,000 shall be available in each fiscal year to carry out subsection (d)(4)(A)(iii) of this section (relating to field initiated research). "(2) If the sums appropriated for any fiscal year are less than the amount required to be made available under subparagraphs (A) through (F) of paragraph (1), then each of the amounts required to be made available under such subparagraphs shall be ratably reduced. If additional amounts become available for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced.". 20 USC I22ie (b) TRANSITION PROVISIONS.—On the effective date of this title, the note. property and records of the National Institute of Education shall be transferred to the Office of Educational Research and Improvement.
 * ^"'' year to carry out subsection (d)(4)(A)(i) of this section (relating to

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1597

(c) EMPLOYMENT LIMITATION WAIVER.—Notwithstanding the 3year employment period limitation under section 405(d)(2) of the General Education Provisions Act, the Secretary may continue to employ for an indefinite period 3 individuals, selected by the Secretary, who are employed by the Office of Educational Research and Improvement on the date of enactment of this Act, were employed by such office on April 1, 1986, and were employed by the National Institute of Education under its excepted hiring authority immediately prior to employment by such office.

20 USC I22ie note.

(d) TECHNICAL AND CONFORMING AMENDMENTS.—Section 401 of

20 USC 3461.

the Department of Education Organization Act (Public Law 96-88) is amended by striking out subsection (c). SEC.1402. CENTER FOR EDUCATION STATISTICS.

r

(a) GENERAL AUTHORITY.—(1) Section 406 if the General Education Provisions Act is amended— (A) by striking out subsection (e); and (B) by redesignating subsections (f), (g), (h), and (i) as subsections (e), (f), (g), and (h) respectively. (2) The heading of such section is amended to read as follows: Jl'

^

20 USC 122le-l.

"CENTER FOR EDUCATION STATISTICS";

(3) Section 406(a) of the General Education Provisions Act is amended— (A) in the first sentence by striking out "Office" and everything that follows through the end thereof, and inserting in lieu thereof "Office of Educational Research and Improvement, a I Center for Education Statistics (hereafter in this section re* ferred to as the 'Center')."; and = ^ (B) in the second sentence, by striking out "an Administrator" and inserting in lieu thereof "a Director". (4) Section 406(b) of the General Education Provisions Act is amended— (A) in the first sentence by inserting ", and analyze," immec diately after "collect"; (B) in paragraph (1) by inserting "if feasible, on a State-by^ State basis," after "(1)"; and (C) in paragraph (5) by striking out "Education Division" and inserting "Department of Education". (5) Section 406(b) of the General Education Provisions Act is amended— (A) by striking out "and" at the end of paragraph (4); k (B) by striking out the period at the end of paragraph (5) and insert in lieu thereof a semicolon and the word "and"; and ( (C) by adding at the end thereof the following: "(6) access periodically the current and projected supply and i demand for elementary and secondary school teachers (ing eluding teachers at the pre-school level) and early childhood education development personnel with particular attention i^ to— V "(A) long-term and short-term needs for personnel in i various subject areas or teaching specialities; .<>' "(B) shortages in particular types of schools or communities, and in States or regions; "(C) the number of minorities entering teaching;

'

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 100 STAT. 1598 aI

.,-:

PUBLIC LAW 99-498—OCT. 17, 1986 .:^

"(D) the proportions of women and minorities in edu> •; cational administration, and the trends over time; "(E) the demographic characteristics, academic qualifications, job preparation, experience and skills of existing teachers and new entrants in the field of education; h "(F) the effect of the introduction of State mandated teacher competency tests on the demographic and eduhf'. cational characteristics of teachers and the supply of teachers; and f t> J fc "(G) the rate at which teachers leave teaching, their reasons for leaving, the sources of supply for new entrants, and the trends over time.". 20 USC I22ie-i. (b) ADVISORY COUNCIL.—Section 406(c)(2) of the General Education Provisions Act is amended— (1) by striking out subparagraph (A); i;::.[ D&iJo; (2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; and '«^ (3) in subparagraph (A) (as redesignated by paragraph (2)), by striking out "Director of the National Institute of Education," -81 and inserting "Assistant Secretary,". (c) ANNUAL REPORT.—Section 406(d)(1) of the General Education

State and local governments.

State and local governments.

Provisions Act is amended by striking out "Assistant Secretary" and inserting "Secretary". (d) STATISTICAL RECORDS.—Section 406(e) of the General Bklucation Provisions Act (as redesignated in subsection (a)(D) is amended— (1) in paragraph (1)—• (A) by striking out "(A)"; 'Q.,,. (B) by striking out the first sentence and inserting "The Center is authorized to furnish transcripts or copies of .,, f tables and other statistical records of the Office and make special statistical compilations and surveys for State and ./. local officials, public and private organizations, and individuals. The Center shall provide State and local educational ...f.jjr agencies opportunities to suggest the development of particular compilations of statistics, surveys, and analyses .^' 1-ir that would assist those educational agencies."; (C) in the fourth sentence by striking out "Assistant .. . Secretary" each place it appears and inserting "Secretary"; and (D) by striking out subparagraph (B); and ' (2) by striking out paragraph (3). (e) AUTHORIZATION OF APPROPRIATIONS.—Section 406(f) of the General Education Provisions Act (as redesignated in subsection (a)(D) is amended to read as follows: "(f) Funds to carry out this section are authorized by section 405(g) of this Act.". (f) UNIFORM FINANCING DATA.—Section 406(g) of the General Education Provisions Act (as redesignated in subsection (a)(D) is amended to read as follows: "(g) In addition to its other responsibilities, the Center shall collect Uniform data from the States on the financing of elementary and secondary education. Each State receiving funds under the Education Clonsolidation and Improvement Act of 1981 shall cooperate with the Center in this effort.".

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 PUBLIC LAW 99-498—0C5T. 17, 1986

100 STAT. 1599

SEC. 1403. USE OF COUNCIL STAFF AND FACILITIES.

The National Advisory Council on Educational Research and Improvement, the Advisory Council on Education Statistics, and members of such councils may not use any staff, facilities, equipment, supplies, or franking privileges of the councils for activities unrelated to the purposes of the councils.

20 USC

^':' ''-

SEC. 1404. SPECIAL PROJECTS UNDER THE SECRETARY'S DISCRETIONARY FUNDS.

(a) DISCRETIONARY PROGRAMS.—Section 583(a)(l) of the Education

Consolidation and Improvement Act of 1981 is amended by striking 20 USC 3851. out ", including" and all that follows before the semicolon. (b) PRIORITY FUNDING.—Section 583(b) of the Education Consolidation and Improvement Act of 1981 is amended— (1) by striking out "and" after the comma in paragraph (3); (2) by inserting "and" after the comma in paragraph (4); (3) by adding after paragraph (4) the following: "(5) a National Diffusion Network program as described in subsection (c),"; (4) by striking out "paragraph (4))" and inserting "paragraph (4) and not less than 34 percent of funds reserved for the purposes of this section in the case of the program referred to in paragraph (5))". (c) NATIONAL DIFFUSION NETWORK.—Section 583 of the Education
 * 0*^'

Consolidation and Improvement Act of 1981 is amended by adding the following subsection (c): "(c)(1) The National Diffusion Network program under subsection (b)(5) shall be a national program that recognizes and furthers excellence in education by: (A) promoting the awareness and implementation of exemplary educational programs, products, and practices to interested elementary, secondary, and postsecondary institutions throughout the Nation; and (B) promoting the utilization of the knowledge, talents, and services of local staff associated with various educational excellence recognition efforts. "(2) The program shall be directed toward improving the quality of education through the implementation of promising and validated innovations and improvements in educational programs, products, and practices, and through the provision of training, consultation, and related assistance services. "(3) In carrying out the program the Secretary shall— "(A) acquaint persons responsible for the operation of elementary, secondary, and postsecondary schools with information about exemplary educational programs, products, practices, and services; "(B) assist them in implementing programs, products, and practices, which those persons determine to hold promise for improving the quality of education in the schools for which they are responsible by providing materials, initial training, and ongoing implementation assistance; "(C) ensure that all such programs, products, and practices are subjected to rigorous evaluation with respect to their effectiveness and their capacity for implementation; "(D) provide program development assistance toward the recognition, dissemination, and implementation of promising practices that hold the potential for answering critical needs and that have achieved credibility because of their effective use in schools; and

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Page:United States Statutes at Large Volume 100 Part 2.djvu/498

 100 STAT. 1600 Y^',,^ ^'"•^'' Grants. Contracts. ^nvprifmlntc governments.

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20 USC 4401

PUBLIC LAW 99-498—OCT. 17, 1986

"(E) ensure that a substantial percentage of the innovations disseminated represent significant changes in practice for schools and teachers; "(4) For the purpose of carrying out the program the Secretary is authorized to make grants to, and contracts with, local educational agencles, State educational agencies, institutions of higher education, and other public and nonprofit private educational institutions and organizations.". TITLE XV—AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN CULTURE AND ART DEVELOPMENT SEC. 1501. SHORT TITLE.

This title may be cited as the "American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act". 20 USC 4401.

SEC. 1502. FINDINGS.

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The Congress finds that— (1) Indian art and culture and Native Hawaiian art and culture have contributed greatly to the artistic and cultural richness of the Nation; (2) Indian art and culture and Native Hawaiian art and culture occupy a unique position in American history as being our only native art form and cultural heritage; (3) the enhancement and preservation of this Nation's native art and culture has a fundamental positive influence on the American people; (4) although the encouragement and support of Indian and Native Hawaiian arts and crafts are primarily a matter for private, local, and Indian and Native Hawaiian initiative, it is also an appropriate matter of concern to the Federal Government; (5) it is appropriate and necessary for the Federal Government to support research and scholarship in Indian art and culture and Native Hawaiian art and culture and to complement programs for the advancement of such art and culture by tribal, private, and public agencies and organizations; (6) current Federal initiatives in the area of Indian art and culture and Native Hawaiian art and culture are fragmented and inadequate; and (7) in order to coordinate the Federal Government's effort to preserve, support, revitalize, and disseminate Indian art and culture and Native Hawaiian art and culture, it is desirable to establish— (A) a national Institute of American Indian and Alaska Native Culture and Arts Development, and '"^ (B) a program for Native Hawaiian culture and arts development. 20 USC 4402.

SEC. 1503. DEFINITIONS.

For the purpose of this title— (1) The term "Indian art and culture" includes (but is not limited to) the traditional and contemporary expressions of Indian language, history, visual and performing arts, and crafts. (2) The term "Native Hawaiian art and culture" includes the traditional and contemporary expressions of Native Hawaiian language, history, visual and performing arts, and crafts.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/499

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1601

(3) The term "Institute" means the Institute of American ' ." Indian and Alaska Native Culture and Arts Development established by this title. ^ (4) The term "Indian" means any person who is a member of an Indian tribe. (5) The term "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act), which is recognized 43 USC leoi as eligible for special programs and services provided by the note. United States to Indisuis because of their status as Indians. (6) The term "Native Hawaiian" means any descendent of a person who, prior to 1778, was a native of the Hawaiian Islands. (7) The term "Secretary" means the Secretary of the Interior. (8) The term "Board" means the Board of Trustees of the Institute established under this title. PART A—AMERICAN INDIANS AND ALASKA NATIVES SEC. 1504. ESTABLISHMENT OF INSTITUTE.

20 USC 4411

(a) IN GENERAL.—There is hereby established a corporation to be known as the "Institute of American Indian and Alaska Native Culture and Arts Development", which shall be under the direction and control of a Board of Trustees ^tablished under section 1505. (b) SUCCESSION AND AMENDBIENT OP CHARTER.—The corporation established under subsection (a) shall have succession until dissolved by Act of Congress. Only the Congress shall have the authority to revise or amend the charter of such corporation. SEC. 1505. BOARD OF TRUSTEES.

20 USC 4412.

(a) C O M P O S I T I O N. —

(1) The Board of Trustees of the Institute shall be composed of 13 voting members and 6 nonvoting members as follows: (A) The voting members shall be appointed by the President of the United States by and with the advice and consent of the Senate, not later than 180 days after the date of enactment of this Act, from among individuals from private life who are Indians, or other individuals, widely recognized in the field of Indian art and culture and who represent diverse political views. (B) The nonvoting members shall consist of— i (i) 2 Members of the House of Representatives ap: ' pointed by the Speaker of the House of Representatives in consultation with the Minority Leader of the House of Representatives; (ii) 2 Members of the Senate appointed by the President pro tempore of the Senate, upon the recommendation of the Msgority Leader and the Minority Leader of . r the Senate; (iii) the President of the Institute, ex officio; and (iv) the president of the student body of the Institute, ex officio. (2) In making appointments pursuant to paragraph (I)(A), the President of the United States shall— President of U.S. (A) consult with the Indian tribes and the various organizations of Indians; ..;..

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Page:United States Statutes at Large Volume 100 Part 2.djvu/500

 100 STAT. 1602 Federal Register, publication.

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PUBLIC LAW 99-498—OCT. 17, 1986

(B) publish in the Federal Register an announcement of t;he expiration of terms no less than 4 months before such expiration; 'Q " (C) solicit nominations from Indian tribes and various Indian organizations to fill the vacancies; (D) give due consideration to the appointment of individuals who will provide appropriate regional and tribal representation on the Board; and (E) ensure that a majority of the Board appointed under paragraph (1)(A) are Indians. (3) Members of Congress appointed under this section, or their designees, shall be entitled to attend all meetings of the Board and to provide advice to the Board on any matter relating to the Institute. (b) TERMS OF OFFICE.—

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(1) Except as otherwise provided in this section, members shall be appointed for terms of office of 6 years. (2) The terms of office on the Board for the Members of the House of Representatives and of the Senate shall expire at the end of the congressional term of office during which such Member or Senator was appointed to the Board. (3) Of the members of the Board first appointed under subsection (a)(1)(A)— (A) 4 shall be appointed for terms of office of 2 years; (B) 4 shall be appointed for terms of office of 4 years; and (C) 5 shall be appointed for terms of office of 6 years, as determined by the drawing of lots during the first meeting of the Board. ^ (4) No member of the Board appointed under subsection (a)(l)(A) shall be eligible to serve in excess of 2 consecutive terms, but may continue to serve until such member's successor is appointed. (c) VACANCIES.—Any member of the Board appointed under subsection (a) to fill a vacancy occurring before the expiration of the term to which such member's predecessor was appointed shall be appointed for the remainder of such term. If the vacancy occurs prior to the expiration of the term of a member of the Board appointed under subsection (a)(l)(B), a replacement shall be appointed in the same manner in which the original appointment was made. (d) REMOVAL.—No member of the Board may be removed during the term of office of such member except for just and sufficient cause. (e) CHAIRMAN AND VICE CHAIRMAN.—The President of the United States shall designate the initial Chairman and Vice Chairman of the Board from among the members of the Board appointed pursuant to subsection (a)(1)(A). Such Chairman and Vice Chairman so designated shall serve for 12 calendar months. Thereafter, the Chairman and Vice Chairman shall be elected from among the members of the Board appointed pursuant to subsection (a)(l)(A) and shall serve for terms of 2 years. In the case of a vacancy in the office of Chairman or Vice Chairman, such vacancy shall be filled by the members of the Board appointed pursuant to subsection (a)(l)(A), and the member filling such vacancy shall serve for the remainder of the unexpired term.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/501

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1603

(f) QUORUM.—Unless otherwise provided by the bylaws of the Institute, a majority of the members appointed under subsection (a)(1)(A) shall constitute a quorum. (g) POWERS.—The Board is authorized— (1) to formulate the policy of the Institute; (2) to direct the management of the Institute; and (3) to make such bylaws and rules as it deems necessary for the administration of its functions under this title, including the organization and procedures of the Board. (h) COMPENSATION.—Members of the Board appointed pursuant to subsection (a)(1)(A) shall, for each day they are engaged in the performance of the duties under this title, receive compensation at the rate of $125 per day, including traveltime. All members of the Board, while so serving away from their homes or regular places of business, shall be allowed travel expenses (including per diem in lieu of subsistence), as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (i) REVIEW BY THE SECRETARY OP THE INTERIOR.—For so long as any employee of the Institute is covered under title 5, United States Code, the Board (acting by majority vote) shall submit final decisions relating to personnel to the Secretary of the Interior. Each such decision shall become final 30 days after the date of its receipt by the Secretary unless the Secretary disapproves of such decision. The Secretary may only disapprove a decision of the Board for just cause. SEC. 1506. EXECUTIVE BOARD.

20 USC 4413.

(a) COMPOSITION.—The Board shall have an Executive Board composed of— (1) the chairman of the Board; (2) the vice chairman of the Board; (3) the secretary of the Board; (4) the treasurer of the Board; and (5) an at-large member of the Board elected by the Board at its initial meeting. (b) VACANCIES.—In the case of any vacancy which occurs in the position of at-large member before the expiration of such member's term, the Board shall elect a replacement to complete that term. (c) MEETINGS.—The Executive Board shall hold not more than 4 regular meetings per calendar year. Special meetings may be held upon the call of the chairman or 3 members of the Executive Board. (d) QUORUM.—A majority of the Executive Board shall constitute a quorum. (e) POWERS.—The Executive Board may hold and use all the powers of the Board, subject to the approval of the Board. SEC. 1507. GENERAL POWERS OF THE BOARD.

In carrying out the provisions of this title, the Board shall have the power, consistent with the provisions of this title— (1) to adopt, use, and alter a corporate seal; (2) to make agreements and contracts with persons, Indian tribes, and private or governmental entities and to make payments or advance payments under such agreements or contracts without regard to section 3324 of title 31, United States C!ode; (3) to sue and be sued in its corporate name and to complain and defend in any court of competent jurisdiction; J (4) to represent itself, or to contract for representation, in all a judicial, legal, and other proceedings;

20 USC 4414.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/502

 100 STAT. 1604

PUBLIC LAW 99-498—OCT. 17, 1986

'. (5) with the approval of the agency concerned, to make use of « i services, facilities, and property of any board, commission, independent establishment, or executive agency or department of the executive branch in carrying out the provisions of this title and to pay for such use (such payments to be credited to the applicable appropriation that incurred the expense); lift (6) to use the United States mails on the same terms and vy conditions as the executive departments of the United States Government; (7) to obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, and to accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (8) to solicit, accept, and dispose of gifts, bequests, devises of \ money, securities, and other properties of whatever character, for the benefit of the Institute; Grants. (9) to receive grants from, and enter into contracts and other Contracts. arrangements with. Federal, State, or local governments, public and private agencies, organizations, institutions, and individuals; (10) to acquire, hold, maintain, use, operate, and dispose of such real property, including improvements thereon, personal property, equipment, and other items, as may be necessary to OSU ifi enable the Board to carry out the purpose of this title; -lit. (11) to obtain insurance or make other provisions against losses; (12) to use any funds or property received by the Institute to carry out the purpose of this title; and (13) to exercise all other lawful powers necessarily or reasonably related to the establishment of the Institute in order to 5B carry out the provisions of this title and the exercise of the powers, purposes, functions, duties, and authorized activities of the Institute. 20 USC 4415.

SEC. 1508. PRESIDENT OF THE INSTITUTE.

5 USC 5332.

(a) APPOINTMENT.—The Institute shall have a President who shall be appointed by the Board. The President of the Institute shall serve as the chief executive officer of the Institute. Subject to the direction of the Board and the general supervision of the Chairman of the Board, the President of the Institute shall have the responsibility for carrying out the policies and functions of the Institute and shall have authority over all personnel and activities of the Institute. (b) COMPENSATION.—The President of the Institute shall be paid at a rate not to exceed the maximum rate of basic pay payable for grade GS-18 of the General Schedule.

20 USC 4416.

SEC. 1509. STAFF OF INSTITUTE.

(a) EXEMPTION FROM CIVIL SERVICE,—Except as otherwise provided in this section, title 5, United States Code, shall not apply to the Institute. (b) APPOINTMENT AND COMPENSATION.—

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(1) The President of the Institute, with the approval of the Board, shall have the authority to appoint, fix the compensation lif of (including health and retirement benefits), and prescribe the duties of, such officers and employees as the President of the

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Page:United States Statutes at Large Volume 100 Part 2.djvu/503

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1605

Institute deems necessary for the efficient administration of the Institute. (2) The President of the Institute shall fix the basic compensation for officers and employees of the Institute at rates comparable to the rates in effect under the General Schedule for 5 USC 5332. individuals with comparable qualifications, and holding comparable positions, to whom chapter 51 of title 5, United States Code, applies. 5 USC 5101 (3)(A) Not later than 180 days after the President of the «*««9. Institute is appointed, the President of the Institute shall make policies and procedures governing— (i) the establishment of positions at the Institute, (ii) basic compensation for such positions (including •> health and retirement benefits), (iii) entitlement to compensation, m-ii: (iv) conditions of employment, (v) discharge from employment, ^ (vi) the leave system, and (vii) such other matters as may be appropriate. (B) Rules and regulations promulgated with respect to discharge and conditions of employment shall require— (i) that procedures be established for the rapid and equitable resolution of grievances of such individuals; and (ii) that no individual may be discharged without notice of the reasons therefor and an opportunity for a hearing under procedures that comport with the requirements of ^ due process. (c) APPEAL TO BOARD.—Any officer or employee of the Institute ,i'.. may appeal to the Board any determination by the President of the Institute to not re-employ or to discharge such officer or employee. Upon appeal, the Board may, in writing, overturn the determination of the President of the Institute with respect to the employment of such officer or employee. (d) No REDUCTION IN CLASSIFICATION OR COMPENSATION.—Individ-

uals who elect to remain civil service employees shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions and personnel, except that any such transfer shall not result in a reduction in classification or compensation with respect to any such individual for at least one year after the date on which such transfer occurs. (e) LEAVE.—

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(1) Any individual who— (A) elects under subsection (g) to be covered under the provisions of this section, or (B) is an employee of the Federal Government and is transferred or reappointed, without a break in service, from a position under a different leave system to the Institute, shall be credited for purposes of the leave system provided under rules and regulations promulgated pursuant to subsection (b), with the annual and sick leave to the credit of such individual immediately before the effective date of such election, transfer, or reappointment. (2) Upon termination of employment with the Institute, any annual leave remaining to the credit of an individual within the purview of this section shall be liquidated in accordance with sections 5551(a) and 6306 of title 5, United States Code, except that leave earned or accrued under rules and regulations

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Page:U.S. Department of the Interior Annual Report 1880.djvu/71

Rh absolute necessity. The Patent Office alone will in the course of time, with its accumulating records and models, occupy the whole of the present Interior Department building.

I am informed that similar complaints come from other departments of the government; that the Post-Office Department finds its present quarters insufficient; that a large portion of the force of the Treasury Department is located outside of the main building; that the Department of Justice is in a rented house; and that the new edifice erected for the Departments of State, War, and of the Navy will not be large enough to accommodate all the offices belonging to those branches of the public service. Under such circumstances it appears that the exigencies of the government call for the erection of not only one but of several public buildings, for the Interior Department, for the Post-Office Department, for the accommodation of the Department of Justice, and for different offices connected with the War and Navy Departments which do not find accommodation in the buildings now existing and in progress of construction.

In view of this fact I beg leave to repeat some remarks I had the honor to address to the Hon. George L. Converse, chairman of the Committee on Public Lands, House of Representatives, on the 18th of May last, in reply to a letter of inquiry from him:


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Page:United States Statutes at Large Volume 100 Part 2.djvu/504

 100 STAT. 1606

"

PUBLIC LAW 99-498—OCT. 17, 1986

promulgated pursuant to subsection (b) shall not be so liquidated. (3) In the case of any individual who is transferred, promoted, or reappointed, without break in service, to a position in the , Federal Government under a different leave system, any remaining leave to the credit of such person earned or credited under the rules and regulations promulgated pursuant to subsection (b) shall be transferred to the credit of such individual in the employing agency on an adjusted basis in accordance with the rules and regulations which shall be promulgated by the Office of Personnel Management. (f) APPLICABILITY.—This section shall apply to any individual appointed after the date of enactment of this title for employment in the Institute. Except as provided in subsections (d) and (g), the enactment of this title shall not affect— (1) the continued employment of any individual employed immediately before the date of enactment of this title, or (2) such individual's right to receive the compensation attached to such position. (g) TERMINATION OF CIVIL SERVICE POSITIONS.—

5 USC 8101

(1) At the end of the 2-year period beginning on the date referred to in section 1514(f), any position at the Institute which is occupied by an individual in the civil service shall terminate. During such period, such individual may make an irrevocable election to be covered under the provisions of this section, except that any such individual who is subject to subchapter III of chapter 83 of title 5, United States Code, may elect to continue to be subject to such subchapter, and any such individual who is subject to chapter 84 of such title may elect to continue to be subject to such chapter. (2) Any individual who makes an election under paragraph (1) to continue to be subject to subchapter III of chapter 83 of title 5, United States Code, or chapter 84 of such title shall, so long as continually employed by the Institute without a break in service subject to such subchapter or such chapter 84, as the case may be, continue to be treated as an employee subject to such subchapter or such chapter 84, as the case may be. Employment by the Institute without a break of continuity in service shall be considered to be employment by the United States Government for the purpose of such subchapter or such chapter 84, as the case may be. The Institute shall be responsible for making the contributions required to be made by an employing agency under such subchapter or such chapter 84, as the case may be. (h) COLLECTIVE BARGAINING.—The Institute shall be considered an agency for the purpose of chapter 71 of title 5, United States Code. (i) WORKMEN s COMPENSATION.—Employees of the Institute shall receive compensation for work injuries and illnesses in accordance with chapter 81 of title 5, United States Code.

et seq. 20USe4417.

SEC.1510. FUNCTIONS OF THE INSTITUTE.

5 USC 8331 A *^ 516 f " ^' ^'

5 USC 7101 ^* ^^^-

(a) PRIMARY FUNCTIONS.—The primary functions of the Institute shall be— (1) to provide scholarly study of, and instruction in, Indian art and culture, and (2) to establish programs which culminate in the awarding of degrees in the various fields of Indian art and culture.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/505

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1607

(b) ESTABLISHMENTS WITHIN INSTITUTE.—There shall be established within the Institute— (1) a Center for Culture and Art Studies to be administered by a director (appointed by the President of the Institute, with the approval of the Board), which shall include (but not be limited to) Departments of Arts and Sciences, Visual Arts, Performing Arts, Language, Literature, and Museology; and (2) a Center for Research and Cultural Exchange, administered by a director (appointed by the President of the Institute, with the approval of the Board), which shall include— v.; i (A) a museum of Indian arts; (B) a learning resources center; (C) programs of institutional support and development; (D) research programs; (E) fellowship programs; (F) seminars; (G) publications; (H) scholar-in-residence and artist-in-residence programs; and (I) inter-institutional programs of cooperation at national and international levels. (c) OTHER PROGRAMS.—In addition to the centers and programs described in subsection (b), the Institute shall develop such programs and centers as the Board determines are necessary to— (1) foster research and scholarship in Indian art and culture through— (A) resident programs; (B) cooperative programs; and >. (Q grant programs; (2) complement existing tribal programs for the advancement of Indian art and culture; and (3) coordinate efforts to preserve, support, revitalize, and develop evolving forms of Indian art and culture. SEC. 1511. INDIAN PREFERENCE.

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20 USC 4418.

(a) IN GENERAL.—Notwithstanding any other provision of Federal Contracts. or State law, the Institute is authorized to extend preference to Grants. Indians in— (1) admissions to, and enrollment in, programs conducted by the Institute, (2) employment by the Institute, and (3) contracts, fellowships, and grants awarded by the Institute. (b) HIRING PREFERENCE.—In carrying out section 1509(b)(1), the President of the Institute shall, to the maximum extent practicable, give preference in hiring to Indians. SEC. 1512. NONPROFIT AND NONPOLITICAL NATURE OF THE INSTITUTE. 20 USC 4419. (a) STOCK.—The Institute shall have no power to issue any shares of stock or to declare or pay any dividends. (b) NONPROFIT NATURE.—No part of the income or assets of the Institute shall inure to the benefit of any director, officer, employee, or any other individual except as salary or reasonable compensation for services. (c) NoNPOLiTiCAL NATURE.—The Institute may not contribute to, or otherwise support, any political party or candidate for elective public office.

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