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[86 STAT.

" (2) the design^ establishment, and conduct of programs of postsecondary occupational education (or the expansion and improvement of existing programs) as defined by section 1060 of this part; " (3) the design, establishment, and conduct of programs to carry out the long-range strategy developed pursuant to section 1056(b) (1)(D) for infusing into elementary and secondary education occupational preparation, which shall include methods of involving secondary schools in occupational placement and methods of providing followup services and career counseling and guidance for persons of all ages as a regular function of the educational system; "(4) the design of high-quality instructional programs to meet the needs for postsecondary occupational education and the development of an order of priorities for placing these programs in operation; -' "' (5) special training and preparation of persons to equip them to teach, administer, or otherwise assist in carrying out the program authorized under this part (such as programs to prepare 'J journeymen in the skilled trades or occupations for teaching positions); and ^' " (6) the leasing, renting, or remodeling of facilities required to carry out the program authorized by this part. ••(b) Programs authorized by this part may be carried out through ••ontractual arrangements with private organizations and institutions organized for profit where such arrangements can make a contribution to achieving the purposes of this part by providing substantially equivalent education, training, or services more readily or more economically, or by preventing needless duplication of expensive physical plant and equipment, or by providing needed education or training of the types authorized by this part which would not otherwise be available. "ASSURANCES; JUDICIAL REVIEW

V

i

"SEC. 1058. (a) Before making any program grant under this part the Commissioner shall receive from the State Commission an assurance satisfactory to him. that the planning requirements of section 1056 have been met and from the State administrative agency assurances satisfactory to him that— "(1) the State Advisory Council on Vocational Education has had a reasonable opportunity to review and make recommenda.•,t tions concerning the design of the programs for which the grant is requested; ''(2) Federal funds made available under this part will result in improved occupational education programs, and in no case supplant State, local, or private funds; "(3) adequate provision has been made by such agency for programs described in section 1057(a)(3); "(4) provision has been made for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State under this part; "(5) to the extent consistent with the number of students enrolled in nonprofit private schools in the area to be served by an elementary or secondary school program funded under this » part, provision has been made for the effective participation of 5 such students; and

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210 make some such desperate answer as the following, while professing to speak absolutely, and as a private man,—from which what new and singular code of social duties might be inferred?—"The manner," says he, "in which the government of those States where slavery exists are to regulate it, is for their own consideration, under their responsibility to their constituents, to the general laws of propriety, humanity, and justice, and to God. Associations formed elsewhere, springing from a feeling of humanity, or any other cause, have nothing whatever to do with it. They have never received any encouragement from me, and they never will."

They who know of no purer sources of truth, who have traced up its stream no higher, stand, and wisely stand, by the Bible and the Constitution, and drink at it there with reverence and humility; but they who behold where it comes trickling into this lake or that pool, gird up their loins once more, and continue their pilgrimage toward its fountain-head.

No man with a genius for legislation has appeared in America. They are rare in the history of the world. There are orators, politicians, and eloquent men, by the thousand; but the speaker has not yet opened his mouth to speak, who is capable of settling the much-vexed questions of the day. We love eloquence for its own sake, and not for any truth which it may utter, or any heroism it may inspire. Our legislators have not yet learned the comparative value of free-trade and of freedom, of union, and of rectitude, to a nation. They have no genius or talent for comparatively humble questions of taxation and finance, commerce and manufactures and agriculture. If we were left solely to the wordy wit of legislators in Congress for our guidance, uncorrected by the seasonable experience and the effectual complaints of the people, America would not long retain her rank among the nations. For eighteen hundred years, though perchance I have no right to say it, the New Testament has been written; yet where is the legislator who has wisdom and practical talent enough to avail himself of the light which it sheds on the science of legislation?

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"(6) reports will be made in such form and containing such Reports. information as the Commissioner may reasonably require to carry out his functions under this part. "(b)(1) Whenever the Commissioner, after reasonable notice and opportunity for a hearing to the State administrative agency, finds that any of the assurances required by subsection (a) are unsatisfactory, or that in the administration of the program there is a failure to comply with such assurances or with other requirements of the part, the Commissioner shall notify the administrative agency that no further payments will be made to the State under this part until he is satisfied there has been or will be compliance with the requirements of the part. " (2) A State administrative agency which is dissatisfied with a final action of the Commissioner under this section or under section 1055 (with respect to approval of State administration) may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner, or any officer designated by him for that purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing go^sta^t^^lal^!' of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, m whole or in part, temporarily or permanently but until the filing of the record the Commissioner may modify or set aside his action. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. ^ Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of proceedings under this 62 Stat. 928. subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action. "TECHNICAL ASSISTANCE; MODEL PROGRAMS

"SEC. 1059. (a) The Commissioner shall make available (to the extent practicable) technical assistance to the States in planning, designing, and carrying out the program authorized by this part upon the request of the appropriate State agency designated or established pursuant to section 1055 or section 1202 and the Commissioner shall take affirmative steps to acquaint all interested organizations, agencies, and institutions with the provision of this part and to enlist broad public understanding of its purposes. "(b) From the sums reserved to the Commissioner under section 1051, he shall by grant or contract provide assistance— " (1) for the establishment and conduct of model or demonstration programs which in his judgment will promote the achievement of one or more purposes of this part and which might otherwise not be carried out (or not be carried out soon enough or in such a way as to have the desirable impact upon the purposes of the part);

Post. p. 324.

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[86 STAT.

"(2) as an incentive or supplemental grant to any State administrative agency which makes a proposal for advancing the purposes of this part which he feels holds special promise for meeting occupational education needs of particular groups or classes of persons who are disadvantaged or who have special needs, when such proposal could not reasonably be expected to be carried out under the regular State program; and "(3) for particular programs or projects eligible for support under this part which he believes have a special potential for helping to find solutions to problems on a regional or national basis. "(c) In providing support under subsection (b) the Commissioner may as appropriate make grants to or contracts with public or private agencies, organizations, and institutions, but he shall give first preference to applications for projects or programs which are administered by or approved by State administrative agencies, and he shall in no case make a grant or contract within any State without first having afforded the State administrative agency reasonable notice and opportunity for comment and for making recommendations. ((DEFINITIONS "SEC. 1060, For the purposes of this part— "(1) The term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and (except for the purposes of subsections (a) and (b) of section 1052) American Samoa and the Trust Territory of the Pacific Islands. "(2) The term 'postsecondary occupational education' means education, training, or retraining (and including guidance, counseling, and placement services) for persons sixteen years of age or older who have graduated from or left elementary or secondary school, conducted by an institution legally authorized to provide postsecondary education within a State, which is designed to prepare individuals for gainful employment as semi-skilled or skilled workers or technicians or subprofessionals in recognized occupations (including new and emerging occupations), or to prepare individuals for enrollment in advanced technical education programs, but excluding any program to prepare individuals for employment in occupations which the Commissioner determines, and specifies by regulation, to be generally considered professional or which require a baccalaureate or advanced degree. " P A R T C—ESTABLISHMENT OF AGENCIES "ESTABLISHMENT OF BUREAU OF OCCUPATIONAL AND ADULT EDUCATION

82 Stat. 1064. note."^^ *^^^ 20 USC 1281, 20 USC 1201 "°**-
 * \^4 Stat. 159

"SEC. 1071. (a) There is hereby established in the United States Office of Education a Bureau of Occupational and Adult Education hereinafter referred to as the Bureau, which shall be responsible for the administration of this title, the Vocational Education Act of 1963. including parts C and I thereof, the Adult Education Act, functions of the Office of Education relating to manpower training and development, functions of the Office relating to vocational, technical, and occupational training in community and junior colleges, and any other Act vesting authority in the Commissioner for vocational, occupational, adult and continuing education and for those portions of any legislation for career education which are relevant to the purposes of other Acts administered by the Bureau.

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" (b)(1) The Bureau shall be headed by a person (appointed or designated by the Commissioner) who is highly qualified in the fields of vocational, technical, and occupational education, who is accorded the rank of Deputy Commissioner, and who shall be compensated at the rate specified for grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code. " (2) Additional positions are created for, and shall be assigned to, the Bureau as follows: '' (A) Three positions to be placed in grade 17 of such General Schedule, one of which shall be filled by a person with broad experience in the field of junior and community college education, " (B) Seven positions to be placed in grade 16 of such General Schedule, at least two of which shall be filled by persons with broad experience in the field of postsecondary-occupational education in community and junior colleges, at least one of which shall be filled by a person with broad experience in education in private proprietary institutions, and at least one of which shall be filled by a person with professional experience in occupatijonal guidance and counseling, and " (C) Three positions which shall be filled by persons at least one of whom is a skilled worker in a recognized occupation, another is a subprofessional technician in one of the branches of engineering, and the other is a subprof essional worker in one of the branchcis of social or medical services, who shall serve as senior advisers in the implementation of this title.

323

s use 5332 note.

uCOMMUNITY COLLEGE UNIT

"SEC. 1072. (a) There is established, in the Office of Education, a Community College Unit (in this section referred to as the 'Unit') which shall have the responsibility for coordinating all programs administered by the Commissioner which affect, or can benefit, community colleges, including such programs assisted under this Act, and the Vocational Education Act of 1963. "(b) The Unit shall be headed by a Director who shall be placed in grade 17 of the General Schedule under section 5332 of title 5, United States Code.". (2) The positions created by section 1071 and sectio;i 1072 of the Higher Education Act of 1965 shall be in addition to the number of positions placed in the appropriate grades under section 5108, title 5, United States Code. (b) The amendments made by subsection (a) shall be effective after June 30, 1972.

82 Stat. 1064

20 USC 1241 note.

^nte. p. 322. ^"<e, P. 112. Effective date

PART K — L A W SCHOOL CLINICAL EXPERIENCE PROGRAMS AMENDMENTS TO TITLE XI OF THE HIGHER EDUCATION ACT OF 1 9 6 -T

SEC. 191. (a) Title X I of the Higher Education Act of 1965 is amended by inserting "grant or" before "contract", and "grants or" before "contracts" wherever they appear. (b) Clause (5) of section 1101(b) of such Act is amended to read as follows: " (5) equipment and library resources; and". (c) Section 1103 of such Act is amended by striking out "$340,000 for the fiscal year ending June 30, 1969", and by striking out "fiscal years ending June 30, 1970, and June 30, 1971", and inserting in lieu thereof "succeeding fiscal years ending prior to July 1, 1975". Such section is further amended by striking out the second sentence.

82 Stat. io48. ^° ^^^ ^^^^'

20 USC 1 i36b.

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Effective

[86 STAT.

(f|) j h e amendments made by this section shall be effective after Jmie:30,197L PART L—POSTSECONDARY EDUCATION COMMISSION, COMPRKHEXSIVE PLANNING, AND COST OF EDUCATION DATA '

Ante, p. 260.

AMENDMENTS TO TITLE XII o r THE H I G H E R EDUCATION ACT OF 1965

SEC. 196..Title X II of the Higher Education Act of 1965 is amended j^y adding after section 1201 the following two new sections: "STATE POSTSECONDARY EDUCATION COMMISSIONS

"SEC. 1202. (a) Any State which desires to receive assistance under Post, p. 325. section 1203 or title X shall establish a State Commission or designate Ante, p. 312. ^^^ existing State agency or State Commission (to be known as the State Commission) which is broadly and equitably representative of the general public and public and private nonprofit and proprietary institutions of postsecondary education in the State including community colleges (as defined in title X), junior colleges, postsecondary vocational schools, area vocational schools, technical institutes, fouryear institutions of higher education and branches thereof. " (b) Such State Commission may establish committees or task forces, not necessarily consisting of Commission members, and utilize existing agencies or organizations, to make studies, conduct surveys, submit recommendations, or otherwise contribute the best available expertise from the institutions, interest groups, and segments of the society most concerned with a particular aspect of the Commission's work. "(c)(1) At any time after July 1, 1973, a State may designate the State Commission established under subsection (a) as the State agency 79 Stat. 122 0, QY institution required under section 10.5,603, or 704. I n such a case, the ^ 20 USC 1005, ^^ State Commission established under this section shall be deemed to 1123. ' meet the requirements of such sections for State agencies or Ante, p. 2 90. institutioiis. "(2) If a State makes a designation referred to in paragraph (1)— " (A) the Commissioner shall pay the State Commission the amount necessary for the proper and efficient administration of the Commission of the functions transferred to it by reason of the designation; and . ' ft. » " (B) the State Commission shall be considered the successor •' • • -'"' i' agency to the State agency or institution with respect to which the designation is made, and action theretofore taken by the State agency or institution shall continue to be effective until changed by the State Commission. 20 USC 1121. " (d) Any State which desires to receive assistance under title VI Ante, p. 2 88. or under title VII but which does not desire, after June 30, 1973, ro place the functions of State Commissions under such titles under the authority of the State Commission established pursuant to sub''' " .section (a) shall establish for the purposes of such titles a State Commission which is broadly representative of the public and of institutions of higher education (including junior colleges and technical institutes) in the State. Such State Commissions shall have the sole responsibility for the administration of State plans under such titles VI and V U within such State.
 * •..; 3 n'

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PUBLIC LAW 92-318-JUNE 23, 1972 'COMPREHENSIVE (>.

325

STATEWIDE PLANNING

"SEC. 1203. (a) The Commissioner is authorized to make grants to any State Commission established pursuant to section 1202(a) to enable it to expand the scop)e of the studies and planning required in title X through comprehensive inventories of, and studies with respect to, all public and private postsecondary educational resources in the State, including planning necessary for such resources to be better coordinated, improved, expanded, or altered so that all persons within the State who desire, and who can benefit from, postsecondary education may have an opportunity to do so. " (b) The Commissioner shall make technical assistance available to State Commissions, if so requested, to assist them in achieving the purposes of this section. "(c) There are authorized to be appropriated such sums as may be necessary to carry out this section.".

Ante, p. 312.

Appropriation.

F U R N I S H I N G COST OF EDUCATION DATA

SEC. 197. Title X II of the Higher Education Act of 1965 is further amended by adding at the end thereof the following new section: ((COST

^"'^' P- 224.

OF EDUCATION DATA

f>J^^, ';2:j fiS;

" S E C 1206. The Commissioner may require as a condition of eligibility of any institution of higher education— "(1) for institutional aid, at the earliest practical date, or " (2) for student aid, after June 30, 1973, that such institution supply such cost-of-education data as may be in the possession of such institution.". TITLE II—VOCATIONAL EDUCATION SPECIAL PROGRAMS FOR THE

-Tt; >ea cc

.

DISADVANTAGED

S E C 201. Section 102(b) of the Vocational Education Act of 1963 is ^^ Stat. io64; amended by inserting after "1972," the following: "and for the sue- ^'^20 USC%42. ceeding fiscal years ending prior to July 1, 1975,". CLARIFICATION OF DEFINITION OF VOCATIONAL EDUCATION W I T H R E SPECT TO I N D IV I D U A L ARTS P R O G R A M S; I N C L U S I O N O F VOLUNTEER FIREMEN

SEC. 202. (a) Section 108(1) of the Vocational Education Act of 1963 is amended by inserting at the end thereof the following new sentence: "Such term includes industrial arts education programs in cases where the Commissioner determines by regulation that such programs will accomplish or facilitate one or more of the purposes of the first sentence of this paragraph.". (b) Such section 108(1) is further amended by inserting immediately after the word "employment" the first time it appears in such section the following: "(including volunteer firemen)".

. !-t£l Og^J

20 USC 1248.

E X E M P L A R Y PROGRAMS A N D P R O J E C T S

S E C 203. Section 142(a) of the Vocational Education Act of 1963 is amended by striking out "two" and inserting in lieu thereof "five".

20 USC 1302.

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PUBLIC LAW 92-318-JUNE 23, 1972 KESIDENTIAL VOCATIONAL

20 u'sc 132^^ 84 Stat. ^189. 20 USC 1323.

AND H O M E M A K I N (

EDUCATION

SEC. 205. (a) Section 161(a)(1) of the Vocational Education Act of;[9(};^ ^g amended by striking out "the fiscal year ending June 30, 1972" and inserting in lieu thereof "each of the succeeding fiscal years ending prior to July 1, 1975". (b) Section 161(c) of such Act is amended by striking out "and the two succeeding" and inserting in lieu thereof "and the five succeeding". ( (X>PERATIVE

20 USC 1352.

SCHOOLS

SEC. 204. (a) Section 151(b) of the Vocational Education Act of 1963 is amended by striking out "the succeeding fiscal year" and inserting in lieu thereof "each of the succeeding fiscal years endingprior to July 1, 1975". ' / (^^ Section 152(a)(1) of such Act is amended by striking out "July 1, 1972" and inserting in lieu thereof "July 1, 1975". ((.^ Section 153(d)(2) of such Act is amended by striking out "July 1, 1971" and inserting in lieu thereof "July 1 of each of the four succeeding fiscal years". CONSUMER

20 USC 1341.

[86 STAT.

VOCATIONAL

EDUCATION

SEC. 206. Section 172(a) of the Vocational Education Act of 1963 is amended by striking out "the fiscal year ending June 30, 1972" and inserting in lieu thereof "each of the succeeding fiscal years ending prior to July 1, 1975". Vi^ORK-STUDY PROGRAMS

20 USC 1371.

SEC. 207. Section 181(a) of the Vocational Education Act of 1963 is amended by inserting after "June 30, 1972," the following: "and for each of the succeeding fiscal years ending prior to July 1, 1975,". CURRICULUM

20 USC 1391,

DEVELOPMENT

SEC. 208. Section 191(b) of the Vocational Education Act of 1963 is amended by striking out "July 1, 1972" and inserting in lieu thereof "July 1, 1975". N A T I O N A L ADVISORY

20 USC 1244.

COUNCIL

SEC. 209. Section 104(a)(4) of the Vocational Education Act of 1963 is amended by striking out "two" and inserting in lieu thereof "five". TITLE ill—AMENDMENTS RELATING TO THE ADMINISTRATION OF EDUCATION PROGRAMS AMENDMENT TO THE GENERAL EDUCATION PROVISIONS ACT

s^%,ll^\o%\V 84 Stat. 164.' 20 USC 1221 "°20use 1221, 1231, 1233. i233g"^^ ^^^^'

SEC. 301. (a) The General Education Provisions Act (title IV of ^"^^i^ ^^^w 90-247) is amended— (1) by redesignating parts A, B, and C thereof, and all refer^ ences thereto, as parts B, C, and D and redesignating sections 401, 402, 4a3, 4<)4, 405, 406, 411, 412, 413, 414, 415, 416, 417, 421, 422, 423, 424, 425, 426, 431, 432, 433, 434, 435, 436, 437, 438, and all references thereto, as sections 400, 411, 412, 413, 414, 415, 421, 422, 423, 424, 425, 426, 427, 431, 432, 433, 434, 435, 436, 441, 442, 443,444,445,446,447, and 448, respectively; and (2) by inserting after section 400 (as redesignated by clause (1)) the following new part:

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" P A R T A—EDUCATION DIVISION OF THE DEPARTMENT OF H E A L T H, EDUCATION, AND WELFARE "THE

EDUCATION DIVISION

"SEC. 401. There shall be, within the Department of Health, Education, and Welfare, an Education Division which shall be composed of the Office of Education and the National Institute of Education, and shall be headed by the Assistant Secretary for Education. "ASSISTANT SECRETARY FOR EDUCATION

"SEC. 402. (a) There shall be in the Department of Health, Education, and Welfare an Assistant Secretary for Education, who shall be appointed by the President by and with the advice and consent of the Senate. The Assistant Secretary for Education shall be compensated at the rate specified for level IV of the Executive Schedule under section 5315 of title 5, United States Code. 83 stat^864. ' "(b) The Assistant Secretary shall be the principal officer in the Department to whom the Secretary shall assign responsibility for the direction and supervision of the Education Division. He shall not serve as Commissioner of Education or as Director of the National Institute of Education on either a temporary or permanent basis. "THE

OFFICE OF EDUCATION

"SEC. 403. (a) The purpose and duties of the Office of Education shall be to collect statistics and facts showing the condition and progress of education in the United States, and to disseminate such information respecting the organization and management of schools and school systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the country. The Office of Education shall not have authority which is not expressly provided for by statute or implied therein. " (b)(1) The management of the Office of Education, shall, subject C the direction and supervision of the Secretary, be entrusted to a O Commissioner of Education, who shall be appointed by the President by and with the advice and consent of the Senate, and who shall serve at the pleasure of the President. "(2) The Commissioner may not engage in any other business, vocation, or employment while serving in any such position; nor may he, except with the express approval of the President in writing, hold any office in, or act in any capacity for, or have a financial interest in, any organization, agency, or institution to which the Office of Education makes a grant or with which it makes a contract or other financial arrangement. a SUPPORT FOR IMPROVEMENT OF POSTSECONDARY EDUCATION

"SEC. 404. (a) Subject to the provisions of subsection (b), the Secretary is authorized to make grants to, and contracts with, institutions of postsecondary education (including combinations of such institutions^ and other public and private educational institutions and agencies (except that no grant shall be made to an educational institution or agency other than a nonprofit institution or agency) to improve postsecondary educational opportunities by providing assistance to such educational institutions and agencies for—

2-081 O - 73 - 24

.

.

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[86 STAT.

"(1) encouraging the reform, innovation, and improvement of postsecondary education, and providing equal educational opportunity for all;, • "(2) the creation of institutions and programs involving new patns to career and professional training, and new combinations of academic and experimental learning; "(3) the establishment of institutions and programs based on the technology of communications; ''(4) the carrying out in postsecondary educational institutions of changes in internal structure and operations designed to clarify institutional priorities and purposes; "(5) the design and introduction of cost-effective methods of instruction and operation; "(6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering institutions and pursuing programs of study tailored to individual IX't.^^. needs: "(7) the introduction of reforms in graduate education, in the structure of academic professions, and in the recruitment and retention of faculties; and " (8) the creation of new institutions and programs for examining and awarding credentials to individuals, and the introduction of reforms in current institutional practices related thereto. "(b) No grant shall be made or contract entered into under subsection (a) for a project or program with any institution of postsecondary education unless it has been submitted to each appropriati' State Commission established under section 1202 of the Higher EducaAnte, p. 324. tion Act of 1965, and an opportunity afforded such Commission to submit its comments and recommendations to the Secretary. "(c) For the purposes of this section, the authority granted to tht? Ante, p. 326. Commissioner in part D of this Act shall apply to the Secretary. " (d) The Secretary may appoint, for terms not to exceed three years, 5 USC 101 without regard to the provisions of title 5 of the United States Code et seq. governing appointments in the competitive service, not more than five . technical employees to administer this section who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 5H 5331^^533^2 note ^^ ^^^ ^^^^^ relating to classification and General Schedule pay rates. AppropriauonV. June 30, 1974, and $75,000,000 for the fiscal year ending June 30, 1975, for the purposes of this section. 'i-KT
 * ' (G) There are authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1973, $50,000,000 for the fiscal year ending

NATIONAL INSTITUTE OF EDUCATION

"SEC. 405. (a)(1) The Congress hereby declares it to be the policy of the United States to provide to every person an equal opportunity to receive an education of high quality regardless of his race, color, religion, sex, national origin, or social class. Although the American educational system has pursued this objective, it has not yet attained that objective. Inequalities of opportunity to receive high quality education remain pronounced. To achieve quality will require far more dependable knowledge about the processes of learning and education than now exists or can be expected from present research and experimentation in this field. While the direction of the education system 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. i

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" (2) The Congress further declares it to be the policy of the United States to— "(i) help to solve or to alleviate the problems of, and promote the reform and renewal of American education; "(ii) advance tihe practice of education, as an art, science, and profession; "(iii) strengthen the scientific and technological foundations of education; and "(iv) build an effective educational research and development system. " (b)(1) In order to carry out the policy set forth in subsection (a), there is established the National Institute of Education (hereinafter referred to as the 'Institute') which shall consist of a National Council on Educational Research (referred to in this section as the 'Council') and a Director of the Institute (hereinafter referred to as the 'Director'). The Institute shall have only such authority as may be vested therein by this section. "(2) The Institute shall, in accordance with the provisions of this section, seek to improve education, induding career education, in the United States through— " (A) helping to solve or to alleviate the problems of, and achieve the objectives of American education; " (B) advancing the practice of education, as an art, science, and profession; " (C) the strengthening of the scientific and technological foundations of education; and " (D) building an effective educational research and development system. = " (c)(1) The Council shall consist of fifteen member's appointed by the President, by and with the advice and consent of the Senate, the Director, and such other ex officio members who are officers of the United States as the President may designate. Eight members of the Council (excluding ex officio members) shall constitute a quorum. The Chairman of the Council shall be designated from among its appointed members by the President. Ex officio members shall not have a vote on the Council. "(2) The term of office of the members of the Council (other than ex officio members) shall be three years, except that (A) the members first taking office shall serve as designated by the President, five for terms of three years, five for terms of tM-o years, and five for terms of one year, and (B) any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed. Any appointed member who has been a member of the Council for six consecutive years shall thereafter be ineligible for appointment to the Council during the two-year period following the expiration of such sixth year. "(3) The Council shall— " (A) establish general policies for, and review the conduct of, the Institute; " (B) advise the Assistant Secretary and the Director of the Institute on development of programs to be carried out by the Institute; " (C) present to the Assistant Secretary and the Director such recommendations as it may deem appropriate for the strengthening of educational research, the improvement of methods of collecting and disseminating the findings of educational research and of insuring the implementation of educational renewal and reform based upon the findings of educational research;

329

. Vj.

.C,,

Establishment.

':'* ,, I.^ ' i;

Members.

'

'

,

"

'^"

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PUBLIC LAW 92-318-JUNE 23, 1972

[86 STAT.

" (D) conduct such studies as may be necessary to fulfill its functions under this section; " (E) prepare an annual report to the Assistant Secretary on the current status and needs of educational research in the United States; Report to Presi" (F) submit an annual report to the President on the activities ongress. ^^ ^j^^ Institute, and on education and educational research in general, (i) which shall include such recommendations and comments as the Council may deem appropriate, and (ii) shall be submitted to the Congress not later than March 31 of each year; and " (G) meet at the call of the Chairman, except that it shall meet (i) at least four times during each fiscal year, or (ii) whenever one-third of the members request in writing that a meeting be held. The Director shall make available to the Council such information and assistance as may be necessary to enable the Council to carry out its functions. °^'"^^*°'"*'(d)(1) The Director of the Institute shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. The Director shall be compensated at the rate provided for level V of the Executive Schedule under 80 Stat. 4 6 3; section 5316 of title 5, United States Code, and shall perform such 83 Stat. 864. duties and exercise such powers and authorities as the Council, subject to the general supervision of the Assistant Secretary, may prescribe. The Director shall be responsible to the Assistant Secretary and shall report to the Secretary through the Assistant Secretary and not to or through any other officer of the Department of Health, Education, and Welfare. The Director shall not delegate any of his functions to any other officer who is not directly responsible to him. "(2) There shall be a Deputy Director of the Institute (referred to in this section as the 'Deputy Director') who shall be appointed by the President and shall serve at the pleasure of the President. The Deputy Director shall be compensated at the rate provided for grade 18 of the General Schedule set forth in section 5332 of title 5, United 5 USC 5332 States Code, and shall act for the Director during the absence or disnote. ability of the Director and exercise such powers and authorities as the Director may prescribe. The position created by this paragraph shall be in addition to the number of positions placed in grade 18 of the GenAnte, p. 112. eral Schedule under section 5108 of title 5, United States Code. Research. "(e)(1) I n order to carry out the objectives of the Institute, the Director is authorized, through the Institute, to conduct educational research; collect and disseminate the findings of educational research; train individuals in educational research; assist and foster such research, collection, dissemination, or training through grants, or technical assistance to, or jointly financed cooperative arrangements with, public or private organizations, institutions, agencies, or individuals; promote the coordination of such research and research support within the Federal Government; and may construct or provide (by grant or otherwise) for such facilities as he determines may be required to accomplish such purposes. As used in this subsection, the term 'educational research' includes research (basic and applied), planning, surveys, evaluations, investigations, experiments, developments, and demonstrations in the field of education (including career education). " (2) Not less than 90 per centum of the funds appropriated pursuant to subsection (h) for any fiscal year shall be expended to carry out this section through grants or contracts with qualified public or private agencies and individuals.

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PUBLIC LAW 92-318-JUNE 23, 1972

331

" (3) The Director may appoint, for terms not to exceed three years, without regard to the provisions of title 5 of the United States Code s use loi ef ooveming appointment in the competitive service and may compensate ®^'^" without regard to the provisions of chapter 51 and subchapter III of 5 u e 5101, chapter 53 of such title relating to classification and General Schedule 5331, s5332 note. pay rates, such technical or professional employees of the Institute as he deems necessary to accomplish its functions and also appoint and compensate without regard to such provisions not to exceed one-fifth of the number of full-time, regular technical or professional employees of the Institute. ^ "(f)(1) The Director, in order to carry out the provisions of this section, is authorized— " (A) to make, promulgate, issue, rescind, and amend rules and ^"les and regulations. regulations governing the manner of operation of the Institute; " (B) to accept unconditional gifts or donations of services, money or property, real, personal or mixed, tangible or intangible; " (C) without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529), United States Code, to enter into and perform such contracts, leases, cooperative agreements or other transactions as may be necessary for the conduct of the Institute's work and on such terms as he may deem appropriate with any agency or instrumentality of the United States, or with any State, territory or possession, or with any political subdivision thereof, or with any international organization oi' agency, or with any firm, association, corporation or educational institution, or with any person, without regard to statutory provisions prohibiting payment of compensation to aliens; " (D) to acquire (by purchase, lease, condemnation or otherwise), construct, improve, repair, operate and maintain laboratories, research and testing facilities, computing devices, communications networks and machinery, and such other real and personal property or interest therein as deemed necessary; " (E) to acquire (by purchase, lease, condemnation or otherwise) and to lease to others or to sell such property in accordance with the provisions of the Federal Property and Administrative Services Act, patents, copyrights, computing programs, theatrical 63 Stat. 4377. 71 4 and broadcast performance rights or any form of property what- note0 USC soever or any rights thereunder; and " (F) to use the services, computation capacity, communications networks, equipment, personnel, and facilities of Federal and other agencies with their consent, with or without reimbursement. Each department and agency of the Federal Government shall cooperate fully with the Director in making its services, equipment, personnel and facilities available to the Institute. "(2) All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 TT.S.C. 276a—276a-5). The Secretary of Labor shall have with respect to 49 Stat.ioii. the labor standards specified in this section the authority and functions set forth in Eeorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as 64 Stat. i267. amended (40 U.S.C.276(c)). ' Ll^auToa. " (g) Where funds are advanced for a single project by more than one Federal agency for the purposes of this section, the National Institute of Education may act for all in administering the funds advanced.

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 PUBLIC LAW 92-318-JUNE 23, 1972

332 Appropriation.

Effective date. Repeals.

Ante,

p. 326.

[86

STAT.

" (h) There are hereby authorized to be appropriated, without fiscal year limitations, $550,000,000, in the aggregate, for the period beginning July 1, 1972, and ending June 30, 1975, to carry out the functions of the Institute. Sums so appropriated shall, notwithstanding any other provision of law unless enacted in express limitation of this subsection, remain available for the purposes of this subsection until expended.". (b)(1) The amendments made by subsection (a) shall be effective after June 30, 1972. (2)(A) Effective July 1, 1972, sections 516 and 517 of the Revised Statutes of the United States (20 U.S.C. 1,2) are repealed. (B) Effective July 1, 1972, section 422 of the General Education Provisions Act is amended by striking out " (as set forth in section 516 of the Revised Statutes (20 U.S.C. 1)) " and inserting in lieu thereof •• (as set forth in section 403(a) of this Act) •'. i'rn L I M I T A T I O N S ON AUTHORITY

" C o n s o lidation.'

!f,:^ Cfr

.VoSI . Hi':

SEC. 302. (a) Section 421 of the General Education Provisions Act (as so redesignated by section 301(a)(1)) is amended by adding at the end thereof the following: "(c)(1)(A) Except in the case of a law which— '' (i) authorizes appropriations for carrying out, or controls the administration of, an applicable program, or (paragraph, no provision of any law shall be construed to authorize the consolidation of any applicable program with any other program. Where the provisions of law governing the administration of an applicable program permit the packaging or consolidation of applications for grants; or contracts to attain simplicity or effectiveness of administration, nothing in this subparagraph shall be deemed to interfere with such packaging or consolidation. " (B) No provision of any law which authorizes an appropriation for carrying out, or controls the administration of, an applicable program shall be construed to authorize the consolidation of any such program with any other program unless provision for such a consolidation is expressly made thereby. •'(C) For the purposes of this subsection, the term 'consolidation* means any agreement, arrangement, or the other procedure which results in— " (i) the commingling of funds derived from one appropriation with those derived from another appropriation, ,' ''(ii) the transfer of funds derived from an appropriation to the use of an activity not authorized by the law authorizing such appropriation, " (iii) the use of practices or procedures which have the effect of requiring, or providing for, the approval of an application for funds derived from different appropriations according to any criteria other than those for which provision is made (either expressly or implicitly) in the law which authorizes the appropriation of such funds, or this title, or "(iv) as a matter of policy the making of a grant or contract involving the use of funds derived from one appropriation dependent upon the receipt of a grant or contract involving the use of funds derived from another appropriation. •'(2)(A) No requirement or condition imposed by a law authorizing appropriations for carrying out any applicable program, or controlling the administration thereof, shall be waived or modified, unless
 * '(ii) is enacted in express limitation of the provisions of this

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STAT.]

PUBLIC LAW 92-318-JUNE 23, 1972

such a waiver or modification is expressly authorized by such law or by a provision of this title or by a law expressly limiting the applicability of this paragraph. " (B) There shall be no limitation on the use of funds appropriated to carry out any applicable program other than limitations imposed by the law authorizing the appropriation or a law controlling the administration of such program; nor shall any funds appropriated to carry out an applicable program be allotted, apportioned, allocated, or otherwise distributed in any manner or by any method different from that specified in the law authorizing the appropriation. " (3) No person holding office in the executive branch of the Government shall exercise any authority which would authorize or effect any activity prohibited by paragraph (1) or (2). "(4) The transfer of any responsibility, authority, power, duty, or obligation subject to this title, from the Commissioner to any other officer in the executive branch of the Government, shall not affect the applicability of this title with respect to any applicable program." (b) The heading of such section 421 is amended to read as follows: '

ADMINISTRATION OF EDUCATION

PROGRAMS?5

(c) The provisions of section 421(c) of the General Education Pro\'isions Act shall be effective upon the date of enactment of this Act. Xo provision of any law which is inconsistent with such section 421(c) shall be effective nor shall any such provision control to the extent of such inconsistency, unless such a law is enacted after the date of enactment of this Act. AMENDMENTS TO THE

COOPERATIVE RESEARCH

Effective date. Ante,

p. 332.

ACT

SEC. 303. (a) Effective July 1, 1972, the Cooperative Kesearch Act is amended— (1) in section 2 by striking out paragraph (3) of subsection (a) and subsections (b) and (c) and by amending paragraph (1) of subsection (a) to read as follows: •'SEC. 2. (a)(1). In order to assist the Commissioner in carrying out the purpose and duties of the Office of Education, the Commissioner is authorized, during the period beginning July 1, 1972, and endingJune 30, 1976, to make grants to, and contracts with, public and pri\ ate institutions, agencies, and organizations for the dissemination of information, for surveys, for exemplary projects in the field of education, and for the conduct of studies related to the management of the Office of Education, except that no such grant may be made to a private agency, organization, or institution other than a nonprofit one.": and (2) by striking out section 3 of such Act and inserting in lien thereof the following; "SEC. 3. There are authorized to be appropriated for purposes of section 2, $58,000,000 for the fiscal year ending June 30, 1973. $68,000,000 for the fiscal year ending June 30, 1974, and $78,000,000 for the fiscal year ending June 30, 1975.". (b) Nothing contained in the amendments made by subsection (a) shall be construed to grant the Commissioner of Education any nuthority which he did not have under the Cooperative Research Act prior to July 1, 1972.

Effective date. 68 Stat. 533; 79 Stat. 4 4. 20 USC 331 note.

20 USC 332. Appropriations.

EVALUATION

SEC. 304. Part B of the General Education ProA isions Act is amended by adding at the end thereof the following new section:

Ante,

p. 326.

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 334

PUBLIC LAW 92-318-JUNE 23, 1972

[86 STAT.

"EVALUATIONS BY THE COMPTKOLLER (iENEKAL

fsT"*^* *° ^°""

gres

Ante, p. 326.

"SEC. 417. (a) The Comptroller General of the United States shall review, audit, and evaluate any Federal education program upon request by a committee of the Congress having jurisdiction of the statute authorizing such program or, to the extent personnel are available, upon request by a member of such committee. Upon such request, he shall (1) conduct studies of statutes and regulations governing such program; (2) review the policies and practices of Federal agencies administering such program; (3) review the evaluation procedures adopted by such agencies carrying out such program; and (4) evaluate particular projects or programs. The Comptroller General shall compile such data as are necessary to carry out the preceding functions and shall report to the Congress at such times as he deems appropriate his findings with respect to such program and his recommendations for such modifications in existing laws, regulations, procedures and practices as will in his judgment best serve to carry out effectively and without duplication the policies set forth in education legislation relative to such program. "(b) I n carrying out his responsibilities as provided in subsection (a), the Comptroller General shall give particular attention to the practice of Federal agencies of contracting with private fiiTns, organizations and individuals for the provision of a wide range of studies and services (such as personnel recruitment and training, program evaluation, and program administration) with respect to Federal education programs, and shall report to the heads of the agencies concerned and to the Congress his findings with respect to the necessity for such contracts and their effectiveness in serving the objectives established in education legislation. "<^c) I n addition to the sums authorized to be appropriated under section 400(c), there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.". TITLE IV — IX D I A N EDUCATKTX SHORT TITLE

SEC. 401. This title may be cited as the "Indian Education Act." 1*ART A

K E VI S I O N O F IMPACTED A R E A S P R O G R A M AS IT RELATES TO INWAN

(^ITILDREX

AMENDMENTS IX) PUliLIC LAW 8 7 4, EIGimf-FIRST CONGRESS 64 Stat. 1100 20 USC 236.

79 staT. Vs"* 20 USC 242.

SEC. 411. (a) The Act of September 30, 1950 (Public Law 874, Eighty-first Congi'ess), is amended by redesignating title III as title TV, by redesignating sections 301 through 303 and references thereto .^g sections 401 through 403, respectively, and by adding after title II the following new title: " TITLE III — F I N A N C I A L A S S I S T A N C E TO LOCAL EDUCAT I O N A L A G E N C I E S FOR TLIE E D U C A T I O N OF I N D I A N CHILDREN "SHORT

isE- .-T.sH>A

TITLE

"SEC. 301. This title may be cited as the 'Indian Elementary and Secondary Scli(X)l Assistance Act'. •,? . i

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PUBLIC LAW 92-318-JUNE 23, 1972

335

"DECLARATIOX OF POLICY

"SEC. 302. (a) In recognition of the special educational needs of Indian students in the United States, Congress hereby dechires it to be the policy of the United States to pr'o\dde financial assistance to local educational agencies to develop and carry out elementary and secondary school programs specially designed to meet these special educational needs. "(b) The Commissioner shall, in order to effectuate the policy set forth in subsection (a), carry out a program of making grants to local educational agencies which are entitled to payments under this title and which have submitted, and had approved, applications therefor, in accordance with the provisions of this title. "GRANTS TO LOCAL EDUCATIONAL AGENCIES

"SEC. 303. (a)(1) For the purpose of computing the amount to yfat^^JT'"^"*''°'"" which a local educational agency is entitled under this title for any fiscal year ending prior to July 1, 1975, the Commissioner shall determine the number of Indian children who M^ere enrolled in the schools of a local educational agency, and for whom such agency provided free public education, during such fiscal year. "(2)(A) The amount of the grant to which a local educational agency is entitled under this title for any fiscal year shall be an tXmount equal to (i) the average per pupil expenditure for such agency (as determined under subparagraph (C)) multiplied by (ii) the sum of the number of children determined under paragraph (1). " (B) A local educational agency shall not be entitled to receive a grant under this title for any fiscal year unless the number of children under this subsection, with respect to such agency, is at least ten or constitutes at least 50 per centum of its total enrollment. The requirements of this subparagraph shall not apply to any such agencies serving Indian children in Alaska, California, and Oklahoma or located on, or in proximity to, an Indian reservation. " (C) For the purposes of this subsection, the average per pupil ^..^n^^^^^^^HH pupil expenditure. expenditure for a local educational agency shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all of the local educational agencies in the State in which such agency is located, plus any direct current expenditures by such State for the operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children who were in average daily enrollment for whom such agencies provided free public education during such preceding fiscal year. Non-local edu" (b) In addition to the sums appropriated for any fiscal year for cational agencies. grants to local educational agencies under this title, there is hereby authorized to be appropriated for any fiscal year an amount not in excess of 5 per centum of the amount appropriated for payments on the basis of entitlements computed under subsection (a) for that fiscal year, for the purpose of enabling the Commissioner to provide financial assistance to schools on or near reservations which are not local educational agencies or have not been local educational agencies for more than three years, in accordance with the appropriate provisions of this title. "I'SES OF FEDERAL FUNDS

"SEC. 304. Grants under this title may be used, in accordance with applications approved under section 805, for— " (1) planning for and taking other steps leading to the development of programs specifically designed to meet the special educa-

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 336

PUBLIC LAW 92-318-JUNE 23, 1972

';

[86 STAT.

tioiial needs of Indian children, including pilot projects designed to test the effectiveness of plans so developed; and "(2) the establishment, maintenance, and operation of programs, including, in accordance with special regulations of the Commissioner, minor remodeling of classroom or other space used for such programs and acquisition of necessary equipment, specially designed to meet the special educational needs of Indian children. " APPLICATION S FOR G R A N T S; CONDITIONS FOR APPROVAL

"SEC. 805. (a) A grant under this title, except as provided in section 803(b), may be made only to a local educational agency or agencies, and only upon application to the Commissioner at such time or times, in such manner, and containing or accompanied by such information Tr jiK !e - . j f^s the Commissioner deems necessary. Such application shall— " • * " (1) provide that the activities and services for which assistance under this title is sought will be administered by or under the supervision of the applicant; "(2) set forth a program for carrying out the purposes of section 304, and provide for such methods of administration as are I. necessary for the proper and efficient operation of the program; . "(3) in the case of an application for payments for planning, .'^ provide that (A) the planning was or will be directly related to J, programs or projects to be carried out under this title and has resulted, or is reasonably likely to result, in a program or project J. which will be carried out under this title, and (B) the planning .'^, funds are needed because of the innovative nature of the pro,j gram or project or because the local educational agency lacks the resources necessary to plan adequately for programs and projects to be carried out under this title; !.:. (4) provide that effective procedures, including provisions for ai^propriate objective measurement of educational achievement .,., / •, will be adopted for evaluating at least annually the effectiveness •laa::.!. of the programs and projects in meeting the special educational needs of Indian students; "(5) set forth policies and procedures which assure that Federal funds made available under this title for any fiscal year will ,j be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, J be made available by the applicant for the education of Indian I children and in no case supplant such funds; "(6) provide for such fiscal control and fund accounting pro-uj, •.!>»" cedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under this title; and Reports, '^(7) provide for making an annual report and such other ! reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this title and to determine the extent to which funds provided under this title have been effective in improving the educational opportunities of Indian students in the area served, and for keeping such r-ecord and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. '^ " (b) An application by a local educational agency or agencies for a grant under this title may be approved only if it is consistent with the applicable provisions of this title and— _;> "(1) meets the requirements set forth in subsection (a);

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PUBLIC LAW 92-318-JUNE 23, 1972

'• (2) provides that the program or project for which application is made— •'(A) will utilize the best available talents and resources (including persons from the Indian community) and will substantially increase the educational opportunities of Indian children in the area to be served by the applicant; and " (B) has been developed— "(i) in open consultation with parents of Indian children, teachers, and, where applicable, secondary school students, including public hearings at which such persons have had a full opportunity to understand the program for which assistance is being sought and to oifer recommendations thereon, and " (ii) with the participation and approval of a committee composed of, and selected by, parents of children participating in the program for which assistance is sought, teachers, and, where applicable, secondary school students of which at least half the members shall be such parents; " (C) sets forth such policies and procedures as will insure that the program for which assistance is sought will be operated and evaluated in consultation with, and the involvement of, parents of the children and representatives of the area to be served, including the committee established for the purposes of clause (2)(B) (ii). "(c) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulations, be subject to approval in the same manner as original applications.

337

Application amendments.

ii P A Y M E N T S

"SEC. 306. (a) The Commissioner shall, subject to the provisions of section 307, from time to time pay to each local educational agency which has had an application approved under section 305, an amount equal to the amount expended by such agency in carrying out activities under such application. "(b)(1) No payments shall be made under this title for any fiscal year to any local educational agency in a State which has taken into consideration payments under this title in determining the eligibility of such local educational agency in that State for State aid, or the amount of that aid, with respect to the free public education of children during that year or the preceding fiscal year. "(2) Xo payments shall be made under this title to any local educational agency for any fiscal year unless the State educational agency finds that the combined fiscal effort (as determined in accordance with regulations of the Commissioner) of that agency and the State with respect to the provision of free public education by that agency for the preceding fiscal year was not less than such combined fiscal effort for that purpose for the second preceding fiscal year.

Limitations.

" ADJUSTMENTS W H E R E NECESSITATED BY APPROPRIATIONS

"SEC. 307. (a) If the sums appropriated for any fiscal year for making payments under this title are not sufiicient to pay in full the total amounts which all local educational agencies are eligible to receive under this title for that fiscal year, the maximum amounts which all such agencies are eligible to receive under this title for such fiscal year shall be ratably reduced. I n case additional funds become available for making such payments for any fiscal year, during which the

o'rt'i

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 338

80 Stat. 1191; 81 Stat. 787; 84 Stat. 1 2 1. 20 USC 2 4 1 c.

Supra,

79 Stat. 30; 81 Stat. 787; 84 Stat. 126. 20 USC 2 4 1 e.

Effective date.

64 Stat. 1106. 20 USC 240.

PUBLIC LAW 92-318-JUNE 23, 1972

[86

STAT.

first sentence of this subsection is applicable, such reduced amounts shall be increased on the same basis as they were reduced. "(b) I n the case of any fiscal year in which the maximum amounts for which local educational agencies are eligible have been reduced under the first sentence of subsection (a), and in which additional funds have not been made available to pay in full the total of such maximum amounts under the second sentence of such subsection, the Commissioner shall fix dates prior to which each local educational agency shall report to him on the amount of funds available to it, under the terms of section 306(a) and subsection (a) of this section, which it estimates, in accordance with regulations of the Commissioner, that it will expend under approved applications. The amounts so available to any local educational agency, or any amount which would be available to any other local education agency if it were to submit an approvable application therefor, which the Commissioner determines will not be used for the period of its availability, shall be available for allocation to those local educational agencies, in the manner provided in the second sentence of subsection (a), which the Commissioner determines will need additional funds to carry out approved applications, except that no local educational agency shall receive an amount under this sentence which, when added to the amount available to it under subsection (a), exceeds its entitlement under section 303.''. (b)(1) The third sentence of section 103(a)(1)(A) of title I of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "In addition, he shall aljot from such amount to the Secretary of the Interior— " (i) the amount necessary to make payments pursuant to subparagraph (B); and "(ii) in the case of fiscal years ending prior to July 1, 1973, the amount necessary to make payments pursuant to subparagraph (C).". (2)(A) Section 103(a)(1) of such title I is amended by adding at the end thereof the following new subparagraph: " (C) The maximum amount allotted for payments to the Secretary of the Interior under clause (ii) in the third sentence of subparagraph (A) for any fiscal year shall be the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, as determined pursuant to criteria established by the Commissioner. Such payments shall be made pursuant to an agreement between the Commissioner and the Secretary containing such assurances and terms as the Commissioner determines will best achieve the purposes of this part. Such agreement shall contain (1) an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of section 141(a) and that the Department of the Interior will comply in all other respects with the requirements of this title, and (2) provision for carrying out the applicable provisions of sections 141(a) and 142(a)(3).". (B) The fourth sentence of section 103(a)(1)(A) of such title I is amended by striking out "and the terms upon which payment shall be made to the Department of the Interior.". (3) The amendments made by this subsection shall be effective on and after July 1, 1972. (c)(1) Subsection (a) of section 5 of Public Law 874, 81st Congress, as amended, is amended by inserting " (1) " after " (a) " and by inserting at the end thereof the following new paragraph (2):

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 86 STAT.]

PUBLIC LAW 9 2 - 3 1 8 - J U N E 23, 1972

339

"(2)(A) Applications for payment on the basis of children determined mider section 3(a) or 3(b) who reside, or reside with a parent 20 USC 238. employed, on Indian lands shall set forth adequate assurance that Indian children will participate on an equitable basis in the school program of the local educational agency. " (B) For the purposes of this paragraph, Indian lands means that property included within the definition of Federal property under Ante, p. 334. clause (A) of section 403(1).". (2)(A) The Commissioner shall exercise his authority under section 425 of the General Education Provisions Act, to encourage local Ante, p. 326. parental participation with respect to financial assistance under title I of Public Law 874, 81st Congress, based upon children who reside on, 7/313^27^^°°' or reside with a parent employed on, Indian lands. si stat! s n, (B) For the purposes of this paragraph, the term "Indian lands" 2^ use 236. means that property included within the definition of Federal prop- "^"dian lands. erty under clause (A) of section 403(1) of Public Law 874, 81st Congress. PART B—SPKCIAL PROGRAMS AND PROJECTS TO IMPROVE EDICATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AMENDMENT TO TITLE VIII OF THE ELEMENTARY AND KFX'ONDARY EDUCATION

ACT

OF

1965

SEC. 421. (a) Title VIII of the P^lementary and Secondary Education Act of 1965 is amended by adding to the end thereof the following „„^L^!Von^/ >J

^^

' ^ 00 =

new section: IMPROVEMENT OF EDICATIONAL OPPORTUNITIES FOR INDIAN CHILDREN ''SEC. 810. (a) The (commissioner shall carry out a program of mak-

Stat. 12U4;

si Stat. 8I6;

84 Stat. 153. 20 USC SSI.

ing grants for the improvement of educational opportunities for Indian children— "(1) to support planning, pilot, and demonstration projects, in accordance with subsection (b), which are designed to test and demonstrate the effectiveness of programs for improving educational opportunities for Indian children; "(2) to assist in the establishment and operation of programs, in accordance with subsection (c), which are designed to stimulate (A) the provision of educational services not available to Indian children in sufficient quantity or quality, and (B) the development and establishment of exemplary educational programs to. serve as models for regular school programs in which Indian children are educated; "(3) to assist in the establishment and operation of preservice and inservice training programs, in accordance with subsection (d), for persons serving Indian children as educational per-sonnel: and "(4) to encourage the dissemination of information and materials relating to, and the evaluation of the effectiveness of, education programs which may offer educational opportunities to Indian children. In the case of activities of the type described in clause (3) preference ra^s^'^^ndlan's"" shall be given to the training of Indians. preference!^"^' " (b) The Commissioner is authorized to make grants to State and local educational agencies, federally supported elementary and secondary schools for Indian children and to Indian tribes, organizations, and institutions to support planning, pilot, and demonstration projects

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 340

.^F,f-,

Educational enrichment programs and services.

Education personnel.

Indians, preference.

PUBLIC LAW 92-318-JUNE 23, 1972

[86 STAT.

which are designed to plan for, and test and demonstrate the effectiveness of, programs for improving educational oppoitunities for Indian children, including— "(1) innovative programs related to the educational needs of educationally deprived children; V. " (2^ bilingual and bicultural education programs and projects; "(3) special health and nutrition services, and other related activities, which meet the special health, social, and psychological problems of Indian children; and • "(4) coordinating the operation of other federally assisted ' programs which may be used to assist in meeting the needs of such children. "(c) The Commissioner is also authorized to make grants to State and local educational agencies and to tribal and other Indian community organizations to assist and stimulate them in developing and establishing educational services and programs specifically designed to improve educational opportunities for Indian children, (jrants may be used— "(1) to provide educational services not available to such children in sufficient quantity or quality, including— " (A) remedial and compensatory instruction, school health, I i/ physical education, psychological, and other services designed to assist and encourage Indian children to enter, remain in, or reenter elementary or secondary school; ^; ' ' (B) comprehensive academic and vocational instruction;

" (C) instructional materials (such as library books, textbooks, and other printed or published or audiovisual materials) and equipment; I. M •! • " (D) comprehensive guidance, counseling, and testing services; ilj;= " (E) special education programs for handicapped; iijjw n " (F) preschool programs; " (G) bilingual and bicultural education programs; and ' " (H) other services which meet the purposes of this subsection; and i; U|^2) for the establishment and operation of exemplary and innovative educational programs and centers, involving new -*'' educational approaches, methods, and techniques designed to enrich programs of elementary and secondary education for Indian children. " (d) The Commissioner is also authorized to make grants to institutions of higher education and to State and local educational agencies, in combination with institutions of higher education, for carrying out programs and projects— "(1) to prepare persons to serve Indian children as teachers, teacher aides, social workers, and ancillary educational personnel; and "(2) to improve the (qualifications of such persons who are serving Indian children in such capacities. Grants for the purposes of this subsection may be used for the establishment of fellowship programs leading to an advanced degree, for institutes and, as part of a continuing program, for seminars, symposia, workshops, and conferences. I n carrying out the programs authorized by this subsection, preference shall be giA'en to the training of Indians. "(e) The Commissioner is also authorized to make grants to and contracts with, public agencies, and institutions and Indian tribes, institutions, and organizations for—

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"(1) the disseiiiination of infomiation concerning education programs, services, and resources available to Indian children, including evaluations thereof; and ''(2) the evaluation of the effectiveness of federally assisted programs in which Indian children may participate in achieving the purposes of such programs with respect to such children. "(f) Applications for a grant under this section shall be submitted at such time, in such manner, and shall contain such information, and shall be consistent with such criteria, as may be established as requirements in regulations promulgated by the Commissioner. Such applications shall— "(1) set forth a statement describing the activities for which assistance is sought; "(2) in the case of an application for the purposes of subsection (c), subject to such criteria as the Commissioner shall prescribe, provide for the use of funds available under this section, and for the coordination of other resources available to the applicant, in order to insure that, within the scope of the purpose of the project, there will be a comprehensive program to achieve the purposes of this section; " (3) in the case of an application for the purposes of subsection (c), make adequate provision for the training of the personnel participating in the project; and " (4) provide for an evaluation of the ell'ectiveness of the project in achieving its purposes and those of this section. The Commissioner shall not approve an application for a grant under siibsection (b) or (c) unless he is satisfied that such application, and any documents submitted with respect thereto, show that there has been adequate participation by the parents of the children to be served and tribal communities in the planning and development of the project, and that there will be such a participation in the operation and evaluation of the project. In approving applications under this section, the Commissioner shall give priority to applications from Indian educational agencies, organizations, and institutions. " (g) For the purpose of making grants under this section there are hereby authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1973, and $35,000,000 for each of the two succeeding fiscal years.". (b)(1)(A) The third sentence of section 202(a)(1) of the Elementary and Secondary Education Act of 1965 is amended by striking out "July 1, 1972," and inserting in lieu thereof "July 1, 1973,". (B) The third sentence of section 302(a)(1) of the Elementary and Secondary Education Act of 1965 is amended by striking out "July 1, 1972," and inserting in lieu thereof "July 1, 1973,". (C) Clause (B) of section 612(a)(1) of Public Law 91-230 is amended by striking out "July 1, 1972," and inserting in lieu thereof "July 1, 1973,". (2) For the purposes of titles II and III of the Elementary and Secondary Education Act of 1965 and part B of title VI of Public Law 91-230, the Secretary of the Interior shall have the same duties and responsibilities with respect to funds paid to him under such titles, as lie would have if the Department of the Interior were a State educational agency having responsibility for the administration of a State plan under such titles.

341 informationdis^^'"'"^ti""Program evaiu^°"* Grants, appu^*^°"*

Parental partici^^*^°"*

Appropriation,

84 stat, 130. ^° "^^ * " ' ^^ fr'ifA'iio' sSusciVu.

20 USC 821, 20 USC 1411

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[86 STAT.

PART C—SPECIAL PROGRAMS KELATING TO ADULT EDUCATION FOR INDIANS '• '

AMENDMENT TO THE ADULT EDUCATION ACT

2ous^cnoi note.

SEC. 431. Title III of the Elementary and Secondary Education Amendments of 1966 (the Adult Education Act) is amended by redesignating sections 314 and 315, and all references thereto, as sections 315 and 316, respectively, and by adding after section 313 the following new section: " IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS

,-,

,,

,

,;,

"SEC. 314. (a) The Commissioner shall carry out a program of making grants to State and local educational agencies, and to Indian tribes, institutions, and organizations, to support planning, pilot, and demonstration projects which are designed to plan for, and test and demonstrate the effectiveness of, programs for providing adult education for Indians—• "(1) to support planning, pilot, and demonstration projects which are designed to test and demonstrate the effectiveness of programs for improving employment and educational opportunities for adult Indians; "(2) to assist in the establishment and operation of programs which are designed to stimulate (A) the provision of basic literacy opportunities to all nonliterate Indian adults, and (B) the provision of opportunities to all Indian adults to qualify for a high school equivalency certificate in the shortest period of time feasible; "(3) to support a major research and development program to develop more innovative and effective techniques for achieving the literacy and high school equivalency goals; "(4) to provide for basic surveys and evaluations thereof to define accurately the extent of the problems of illiteracy and lack of high school completion on Indian reservations; "(5) to encourage the dissemination of information and materials relating to, and the evaluation of the effectiveness of. education programs which may offer educational opportunities to Indian adults. ''(b) The Commissioner is also authorized to make grants to, and contracts with, public agencies, and institutions, and Indian tribes, institutions, and organizations for— "(1) the dissemination of information concerning educational programs, services, and resources available to Indian adults, including evaluations thereof; and "(2) the evaluation of the effectiveness of federally assisted programs in which Indian adults may participate in achieving the purposes of such programs with respect to such adults. •' (c) Applications for a grant under this section shall be submitted at such time, in such manner, and contain such information, and shall be consistent with such criteria, as may be established as requirements in regulations promulgated by the Commissioner. Such applications shall— "(1) set forth a statement describing the activities for which assistance is sought; " (^2) provide for an evaluation of the effectiveness of the project in achieving its purposes and those of this section.

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The Commissioner shall not approve an application for a grant under Tribal particisubsection (a) unless he is satisfied that such application, and any doc- priority." '^"^' uments submitted with respect thereto, indicate that there has been adequate participation by the individuals to be served and tribal communities in the planning and development of the project, and that there will be such a participation in the operation and evaluation of the project. I n approving applications under subsection (a), the Commissioner shall give priority to applications from Indian educational agencies, organizations, and institutions. " (d) For the purpose of making grants under this section there are Appropriation. hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1973, and $8,000,000 for each of the two succeeding fiscal years.". PART D — OFFICE OF INDIAN EDUCATION OFFICE OF INDIAN EDUCATION

SEC. M l. (a) There is hereby established, in the Office of Education, a bureau to be known as the "Office of Indian Education" which, under the direction of the Commissioner, shall have the responsibility for administering the provisions of title III of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by this Act, section 810 of title VIII of the Elementary and Secondary Education Act of 1965, as added by this Act, and section 314 of title III of the Elementary and Secondary Education Amendments of 1966, as added by this Act. The Office shall be headed by a Deputy Commissioner of Indian Education, who shall be appointed by the Commissioner of Education from a list of nominees submitted to him by the National Advisory Council on Indian Education. (b) The Deputy Commissioner of Indian Education shall be compensated at the rate prescribed for, and shall be placed in, grade 18 of the General Schedule set forth in section 5332 of title 5,1'nited States Code, and shall perform such duties as are delegated or assigned to him by the Commissioner. The position created by this subsection shall be in addition to the number of positions placed in grade 18 of such General Schedule under section 5108 of title 5, United States Code. ' N A T I O N A L ADVISORY C O U N C I L ON I N D I A N

Ante, p. 334. Ante, p. 339. ^"'^' P- ^'^'^•

n,i^sf"ngr*^ofTd. ™a\To^n."^'^ ° ^^^^^^ ^^^^, ^"^ ^'^*; /r*^^' Ante,

p. 112.

EDUCATION

SEC. 442. (a) There is hereby established the National Advisory Council on Indian Education (referred to in this title as the "National Council"), which shall consist of fifteen members who are Indians and Alaska Natives appointed by the President of the Laiited States. Such appointments shall be made by the President from lists of nominees furnished, from time to time, by Indian tribes and organizations, and shall represent diverse geographic areas of the country, (b) The National Council shall— (1) advise the Commissioner of Education with respect to the administration (including the development of regulations and of administrative practices and policies) of any program in which Indian children or adults participate from which they can benefit, including title III of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by this Act, and section 810, title VIII of the Elementary and Secondary Education Act of 1965, as added by this Act and with respect to adequate funding thereof:

-081 O - 73 - 25

Establishment.

Establishment.

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PUBLIC LAW 92-318-JUNE 23, 1972

Ante, p. 334. Ante, p. 3 3 9. Ante, p. 342.

Ante, p. 3 3 5. Annual report to C o n g r e s s.

Contract authority.

Ante,

p. 326.

[86

STAT.

(2) review applications for assistance under title III of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by this Act, section 810 of title VIII of the Elementary and Secondary Education Act of 1965, as added by this Act, and section 314 of the Adult Education Act, as added by this Act, and make recommendations to the Commissioner with respect to their approval; (3) evaluate program and projects carried out under any program of the Department of Health, Education, and Welfare in which Indian children or adults can participate or from which they can benefit, and disseminate the results of such evaluations; (4) provide technical assistance to local educational agencies and to Indian educational agencies, institutions, and organizations to assist them in improving the education of Indian children; (5) assist the Commissioner in developing criteria and reguhitions for the administration and evaluation of grants made under section 303(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress); and (6) to submit to the Congress not later than March 31 of each year a report on its activities, which shall include any recommendations it may deem necessary for the improvement of Federal education programs in which Indian children and adults participate, or from which they can benefit, which report shall include statement of the Xational Council's recommendations to the Commissioner with respect to the funding of any such programs. (c) With respect to functions of the National Council stated in clauses (2), (3). and (4) of subsection (b), the National Council is authorized to contract with any public or private nonprofit agency, institution, or organization for assistance in carrying out such functions. (d) From the sums appropriated pursuant to section 400(c) of the General Education Provisions Act which ate available for the purposes of section 411 of such Act and for part D of such Act, the Commissioner shall make available such sums as may be necessary to enable the National Council to carry out its functions under this section. PART E—MISCELLANEOUS PROVISIONS AMENDMENT TO TITLE V OF H I G H E R EDUCATION ACT OF 1965

81 Stat. 83, 20 USC 1091b.

81 Stat. 9 1; 82 Stat. 1040; Ante, p. 2 8 5. 20 USC 1119.

SEC. 451. (a) Section 503(a) of the Higher Education Act of 1965 is amended by inserting after "and higher education," the following: "including the need to provide such programs and education to Indians,'-. (b) Part D of title V of the Higher Education Act of 1965 is amended by adding after section 531 the following new section: '"

' ' T E A C H E R S FOR I N D I A N C H I L D R E N

532. Of the sums made available for the purposes of this part, not less than 5 per centum shall be used for grants to, and contracts with, institutions of higher education and other public and private nonprofit agencies and organizations for the purpose of preparing persons to serve as teachers of children living on reservations serviced by elementary and secondary schools for Indian children operated or supported by the Department of the Interior, including public and private schools operated by Indian tribes and by nonprofit institutions and organizations of Indian tribes. I n carrying out the provisions of this section preference shall be given to the training of Indians.". •'SEC

Indians, preference.

i- 1;,'

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AMENDMENT TO THE E L E M E N T A R Y A N D SECONDARY EDUCATION ACT OF 1 9 G 5

SEC. 452. Section 706(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: 84 Stat. 152. " S E C 706. (a) For the purpose of carrying out programs pursuant LoJil^educal^^* to this title for individuals on or from reservations serviced by elemen- tionai agency tary and secondary schools operated on or near such reservations for st^'"^. Indian children, a nonprofit institution or organization of the Indian tribe concerned which operates any such school and which is approved by the Commissioner for the purpose of this section, may be considered to be a local educational agency, as such term is used in . ^ this title.". <.. —^DEFINITION

SEC. 453. For the purposes of this title, the term "Indian" means any individual who (1) is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree, of any such member, or (2) is considered by the Secretary of the Interior to be an Indian for any purpose, or (3) is an Eskimo or Aleut or other Alaska Native, or (4) is determined to be an Indian under regulations promulgated by the Commissioner, after consultation with the National Advisory Council on Indian Education, which regulations shall further define the term "Indian".

"Indian."

TITLE V—MISCELLANEOUS ADMINISTRATION OF PROGRAMS AND

PROJECTS

S E C 501. Section 434 of the General Education Provisions Act is amended by— (1) amending the caption head thereof to read "ADMINISTRATION

^"'^' "' ^^^•

OF EDUCATION PROGRAMS A N D P R O J E C T S ";

(2) striking out " (a) " after " S E C 434." and inserting in lieu thereof " (a)(1) " and striking out " (b) " and inserting in lieu thereof " (2) "; (3) adding at the end thereof the following new subsection: " (b) Each application for assistance under any applicable program, with respect to which the Commissioner determines that this subsection should apply, whether such application is approved by the Commissioner or by an agency administering a State plan approved by him and each State plan submitted to the Commissioner under any applicable program shall, as a precondition for approval— " (1) provide for such methods of administration as are necessary for the proper and efficient administration of the program or project for which application is made; " (2) make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under the application; and " (3) provide for making such reports as the Commissioner may require to carry out his functions.". E X T E N S I O N OF AUTHORIZATION OF APPROPRIATIONS OF TITLE III OF THE N A T I O N A L D E F E N S E EDUCATION ACT OF 1 9 o 8

SEC. 502. (a) The first sentence of section 301 of the National Defense Education Act of 1958 is amended by striking out "for the g/statVga"^^' fiscal year ending June 30, 1971" and inserting in lieu thereof "for 20 USC 44*1. each of the succeeding fiscal years ending prior to July 1, 1975".

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 346 82 Stat. 1052. 20 USC 441.

PUBLIC LAW 92-318-JUNE 23, 1972

[86

STAT.

(b) The second sentence of such section 301 is amended by striking out "July 1. 1971*' and inserting in lieu thereof "July 1, 1975". STUDY AXD REPORT ON RULES AND REGULATIONS

Ante, p. 326.

Report to congressional committees.

Publication in Federal Register.

Report to congressional committees.

Publication in Federal Register; effective date.

SEC. 503. (a) The Commissioner shall conduct a study of all rules, regulations, guidelines, or other published interpretations or orders issued by him or by the Secretary of Health, Education, and Welfare (or any of their delegates) in connection with, or affecting, the administration of any program to which the General Education Provisions Act applies, which have been issued after June 30, 1965. Such study shall include a review of each such rule, regulation, guideline, interpretation, or order as it relates to the statutoiy or other legal authority upon which it is based, and to committee reports relating to such statutory authority. (b) No later than one year after the enactment of this Act, the Commissioner shall submit a report on the study conducted pursuant to subsection (a) to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives which report shall include the specific legal authority of each section, or other division, of each rule, regulation, guideline, interpretation, or other order to which this section applies. (c) Not later than sixtj days after the date of submission of the report required by subsection (b) of this section, all rules, regulations, guidelines, interpretations, or other orders to which this section applies shall be published in the Federal Register. During'the sixty-day period following such publication, the Commissioner shall provide interested parties an opportunity for a public hearing on the matters so published. (d) After a study of comments and recommendations offered to the Commissioner during the sixty-day period specified in subsection (c), he shall submit a report to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives on such comments and recommendations, and any action he has taken as a result thereof, and he shall, not later than sixty days after the period specified in subsection (c), republish all rules, regulations, guidelines, interpretations and orders in the Federal Register, which shall supersede all preceding rules, regulations, guidelines, interpretations and orders issued in connection with, or affecting, any program to which the General Education Provisions Act applies, and become effective thirty days after such republication. ETHNIC HERITAGE STUDIES PROGRAM

79 Stat. 27; Ante, p. 339. 20 USC 821 note.

SEC. 504. (a) The Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new title: "TITLE IX—ETHNIC H E R I T A G E PROGRAM "STATEMENT OF POLICY

"SEC. 901. In recognition of the heterogeneous composition of the Nation and of the fact that in a multiethnic society a greater understanding of the contributions of one's own heritage and those of one's fellow citizens can contribute to a more harmonious, patriotic, and committed populace, and in recognition of the principle that all persons in the educational institutions of the Nation should have an opportunity to learn about the differing and unique contributions to the national heritage made by each ethnic group, it is the purpose of this title to provide assistance designed to afford to students oppor-

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Rh The authority of government, even such as I am willing to submit to,—for I will cheerfully obey those who know and can do better than I, and in many things even those who neither know nor can do so well,—is still an impure one: to be strictly just, it must have the sanction and consent of the governed. It can have no pure right over my person and property but what I concede to it. The progress from an absolute to a limited monarchy, from a limited monarchy to a democracy, is a progress toward a true respect for the individual. Is a democracy, such as we know it, the last improvement possible in government? Is it not possible to take a step further towards recognizing and organizing the rights of man? There will never be a really free and enlightened State, until the State comes to recognize the individual as a higher and independent power, from which all its own power and authority are derived, and treats him accordingly. I please myself with imagining a State at last which can afford to be just to all men, and to treat the individual with respect as a neighbor; which even would not think it inconsistent with its own repose, if a few were to live aloof from it, not meddling with it, nor embraced by it, who fulfilled all the duties of neighbors and fellow-men. A State which bore this kind of fruit, and suffered it to drop off as fast as it ripened, would prepare the way for a still more perfect and glorious State, which also I have imagined, but not yet anywhere seen.

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tunities to learn about the nature of their own cultural heritage, and to study the contributions of the cultural heritages of the other ethnic groups of the Nation. aE T H N I C

H E R I T A G E STUDIES PROGRAMS

"SEC. 902. The Commissioner is authorized to make grants to, and contracts with, public and private nonprofit educational agencies, institutions, and organizations to assist them in planning, developing, establishing, and operating ethnic heritage studies programs, as provided in this title. ii

G r a n t s, contract authority.

AUTHORIZED ACTIVITIES

"SEC. 903. Each program assisted under this title shall— "(1) develop curriculum materials for use in elementary and secondary schools and institutions of higher education relating to the history, geography, society, economy, literature, art, music, drama, language, and general culture of the group or groups with which the program is concerned, and the contributions of that ethnic group or groups to the American heritage; "(2) disseminate curriculum materials to permit their use in elementary and secondary schools and institutions of higher education throughout the Nation; "(3) provide training for persons using, or preparing to use, curriculum materials developed under this title; and "(4) cooperate with persons and organizations with a special interest in the ethnic group or groups with which the program is concerned to assist them in promoting, encouraging, developing, or producing programs or other activities which relate to the history, culture, or traditions of that ethnic group or groups. aAPPLICATIONS

"SEC. 904. (a) Any public or private nonproJEit agency, institution, or organization desiring assistance under this title shall make appli>•; cation therefor in accordance with the provisions of this title and other applicable law and with regulations of the Commissioner promulgated for the purposes of this title. The Commissioner shall Approval, condiapprove an application under this title only if he determines that— "(1) the program for which the application seeks assistance will be operated by the applicant and that the applicant will carry out such program m accordance with this title; . " "(2) such program will involve the activities described in section 903; and "(3) such program has been planned, and will be carried out, in consultation with an advisory council which is representative of the ethnic group or groups with which the program is concerned and which is appointed in a manner prescribed by regulation. "(b) I n approving applications under this title, the Commissioner coordfnauon. shall insure that there is cooperation and coordination of efforts among the programs assisted under this title, including the exchange of materials and information and joint programs where appropriate. "ADMINISTRATIVE PROVISIONS

"SEC. 905. (a) I n carrying out this title, the Commissioner shall make arrangements which will utilize (1) the research facilities and personnel of institutions of higher education, (2) the special knowl-

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