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Prepared statements, letters, etc.—Continued
Marland, Hon. Sidney P.-Continued

Prepared statement of..
Martin, Edwin W., associate commissioner, Bureau for Education of
the Handicapped:

Prepared statement of ..

Responses to Chairman Brademas' questions.
Mercantini, Sam, assistant superintendent of public instruction, State

of Indiana, testimony of and supplemental material..
Messick, Samuel, Educational Testing Service, Princeton, N.J.,

“Problems of Pluralism and Politics in Educational Research and
Development: Comments on the Preliminary Plan for the National

Institute of Education”.
Milius, Peter, Washington Post, “Nixon and Education: Record and

Rhetoric Don't Match,” a newspaper article entitled.
Oettinger, Anthony G., professor of linguistics, Harvard University:
Nixon, President Richard M., letter to Chairman Brademas -

Biography of .---
Prepared statement of
“Williams & Wilkins vs. the United States of America: The Role

of the Association of Research Libraries," a newsletter article

entitled. Parton, James, Encyclopaedia Britannica Educational Corp., state

ment submitted by Library Resources, Inc..
Richardson, Hon. Elliot L., Secretary of Health, Education, and

Welfare, prepared statement of -
Rowan, Dr. Harold, president, the Rand Corporation:

A bibliography of selected Rand publications.
"Rand Work in Education," an article entitled
"The Rand-HEW Study of Performance Contracting," a maga-

zine article entitled-
Ryans, David G., director, Education Research and Development
Center, University of Hawaii, letter to Chairman Brademas, dated

July 20, 1971.
Stiles, Dr. Lindley J., professor of education for interdisciplinary

studies, sociology, and political science, Northwestern University,

statement by Stockton, Rex, Indiana University, paper entitled “Research Man

agement: a University Position'.
U.S. Office of Education, “Experimental Schools Program?
Ward, Spencer A., M.D., Public Health Service, letter to Chairman

Brademas, dated August 12, 1971, enclosing statement regarding
plans for a National Institute of Education.

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TO ESTABLISH A NATIONAL INSTITUTE OF EDUCATION

FEBRUARY 18, 1971

HOUSE OF REPRESENTATIVES,
SELECT SUBCOMMITTEE ON EDUCATION
OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C. The Select Subcommittee on Education met at 10 a.m., pursuant to call, in room 2175, Rayburn House Office Building, Hon. John Brademas (chairman of the subcommittee) presiding.

Present: Representatives Brademas, Meeds, Hicks, Grasso, Badillo, Scheuer, Quie, Reid, Landgrebe, Hansen, Forsythe, Peyser, and Vevsey.

Štaff members present: Jack Duncan, counsel; David Lloyd-Jones, professional staff; Marty La Vor, minority legislative counsel; Charles Radcliffe, minority counsel for education; Gladys Walker, clerk; Christina Orth, assistant clerk, Arlene Horowitz, staff assistant. (Text of H.R. 3606 and summary of H.R. 33 follows:)

(H.R. 3606, 92d Cong., first sess.) A BILL To establish a National Institute of Education, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “National Institute of Education Act".

FINDINGS AND DECLARATION OF POLICY Sec. 2. 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 attained it. Inequalities of opportunity to receive high quality education remain pronounced. To achieve equality 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 lead. ership in the conduct and support of scientific inquiry into the educational process. The purpose of this Act is to establish a National Institute of Education to conduct and support educational research, and disseminate educational research findings tbroughout the Nation.

ESTABLISHMENT OF NATIONAL INSTITUTE OF EDUCATION

Sec. 3. Cara

There is established in the Department of Health, Education, and Welfare a Wational Institute of Education (hereinafter referred to as the "Institute"). The Institute shall be headed by a Director who shall be appointed by the President with the advice and consent of the Senate. The Director shall perform such duties as are prescribed by the Secretary of Health, Education, and Welfare (hereinafter referred to as the “Secretary").

(b) Section 5316 of title 5, United States Code, relating to positions in Level V of the Executive Schedule, is amended by adding the following paragraph at the end thereof: “Director, National Institute of Education, Department of Health, Education, and Welfare."

FUNCTIONS OF THE INSTITUTE

SEC. 4. The Secretary, through the Institute, shall 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 constructor provide (by grant or otherwise) for such facilities as he determines may be required to accomplish such purposes. As used in this Act the term "educational research” includes research, planning, surveys, evaluations, investigation, experiments, developments, and demonstrations in the field of education.

EMPLOYMENT OF PERSONNEL

Sec. 5. The Secretary may appoint and compensate without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of such title, relating to classification and general schedule rates, such technical and professional personnel as he deems necessary to accomplish the functions of the Institute.

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SEC. 6. (a) The President shall appoint a National Advisory Council on Educational Research and Development which shall

(1) review and advise the Secretary and the Director on the status of educational research in the United States, and present to the Secretary such recommendations as it may deem appropriate for the strengthening of such research and the improvement of methods of collecting and disseminating the findings of educational research;

(2) advise the Secretary and the Director of the Institute on the development of programs to be carried out by the Institute and on matters of general policy arising in the administration of this Act;

(3) conduct such studies as may be necessary to fulfill its functions under this section; and

(4) prepare an annual report to the Secretary on the current status and needs of educational research in the United States, which the Secretary shall

transmit to the President with such recommendations as he may make. (b) The Council shall be appointed by the President without regard to the civil service laws and shall consist of fifteen members appointed for terms of three years; except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the members first taking office shall begin upon enactment of the Act, and shall expire as designated at the time of appointment, five at the end of three years, five at the end of two years, and five at the end of the first year. One of such members shall be designated by the President as Chairman. Members of the Council who are not regular full-time employees of the United States shall, while serving on the business of the Council, be entitled to receive compensation at rates to be determined by the Secretary, but not exceeding the per diem equivalent for GS-18 for each day so engaged, including travel time and, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. The Director of the Institute shall also serve on the Council ex officio.

(c) The Secretary shall provide to the Council such professional, clerical, and other assistance as may be required to carry out its functions.

(d) The Council is authorized, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedule pay rates, to employ and fix the compensation of such personnel as may be necessary to carry out its functions.

The Council is further authorized to obtain services in accordance with the provisions of section 3109 of title 5, United States Code, and it may enter into contracts for the conduct of studies and other activities necessary to the discharge of its duties.

GENERAL PROVISIONS

Sec. 7. (a) In administering the provisions of this Act, the Secretary is authorized to utilize the services and facilities of any agency of the Federal Gov. erment and of any other public or nonprofit private agency or institution, in accordance with agreements between the Secretary and the head thereof, on a reimbursable basis or otherwise.

(b) Payments under this Act to any individual or to any organization, in. stitution, or agency may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.

(c) The Secretary is authorized to accept gifts to the Institute and to apply them to carry out his functions under this Act; and is similarly authorized to accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).

(d) Funds available under this Act shall be available for transfer to any other Federal department or agency (including constituent agencies of the Department of Health, Education, and Welfare) for use (in accordance with an interagency agreement) by such agency (alone or in combination with funds of that agency) for purposes for which such transferred funds could be otherwise expended by the Secretary under this Act, and the Secretary is likewise authorized to accept and expend funds of any other Federal agency for use under this Act.

(e) All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this Act 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 U.S.C. 276a-276a-5). The Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 1332–15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276 (c)).

APPROPRIATIONS AUTHORIZED

SEC. 8. There are authorized to be appropriated for the fiscal year ending June 30, 1972, and for each fiscal year thereafter, such sums as may be necessary to carry out this Act, which shall remain available until expended.

(H.R. 33 and related bills]

THE NATIONAL INSTITUTE OF EDUCATION ACT

SUMMARY

The National Institute of Education Act

Establishes in the Department of Health, Education, and Welfare a National Institute of Education.

Provides that the Institute shall be headed by a Director who shall be appointed by the President, with the advice and consent of the Senate.

Asserts that the Director shall perform such duties as are prescribed by the Secretary of Health, Education, and Welfare.

Provides that the Secretary, through the Institute, shall: (1) conduct educational research ; (2) collect and disseminate the findings of educational research ; (3) train individuals in educational research ; (4) 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; (5) promote the coordination of such

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