at least annually, such comments and recommendations as he may have with respect to such reports and its activities. "(4) In carrying out its responsibilities under this section, the National Council shall consult with the National Advisory Council on the Education of Disadvantaged Children, the National Advisory Council on Supplementary Centers and Services, the National Advisory Council on Education Professions Development, and such other advisory councils and committees as may have information and competence to assist the National Council. All Federal agencies are directed to cooperate with the National Council in assisting it in carrying out its functions. "(b) (1) Any State receiving payments under this title for State any fiscal year may establish a State advisory council (herein- council. after referred to as 'State council') which if it meets the requirements and has the authority specified in this subsection may receive payments pursuant to paragraph (7). The State council shall be appointed by the Governor or, in the case of States in which the members of the State educational agency are elected (including election by the State legislature), by such agency. "(2) The State council established pursuant to this subsection shall be broadly representative of the educational resources of the State and of the public. Representation on the State council shall include, but not be limited to, persons representative of "(A) public and nonprofit private elementary and secondary schools, "(B) institutions of higher education, "(C) areas of competence in planning and evaluating education programs, and the assessment of the effectiveness of, and the administration of, such programs at the State and local levels; and advisory "(D) areas of competence in dealing with children for 84 Stat. 150. whom special educational assistance is available under this Act. "(3) The State council shall "(A) prepare and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner and the National Council at such times, in such form, and in such detail, as the Commissioner may prescribe: "(B) advise the State educational agency on the preparation of, and policy matters arising in the administration of, State and local educational programs in the State, including the development of criteria for approval of applications for assistance under this title; "(C) advise State and local officials who have a responsibility for education in the State with respect to the planning, evaluating, administration, and assessment of educa tion in the State; Duties. Appropriation. Failure 84 Stat. 151. "(D) review and make recommendations to the State educational agency on the action to be taken with respect to applications for assistance under this title by local educational agencies; and "(E) evaluate programs and projects assisted under this title. "(4) Any such State shall certify the establishment of, and membership of its State council to, the Commissioner. "(5) Such State council shall meet within thirty days after its certification has been accepted by the Commissioner and select from among its membership a chairman. The time, place. and manner of meeting shall be as provided by the rules of the State council, except that such rules must provide for not less than one public meeting each year at which the public is given opportunity to express views concerning the operation of programs and projects assisted under this title. "(6) Such State council shall be authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this title and to contract for such services as may be neeessary to enable them to carry out their evaluation functions. "(7) There are hereby authorized to be appropriated for each fiscal year such sums, not in excess of 21/2 per centum of the amount otherwise appropriated for such year for the purposes of this title, as may be necessary to carry out the provisions of this subsection. "PART E-GENERAL PROVISIONS "ADMINISTRATION OF PLANS "SEC. 551. (a) The Commissioner shall not finally disapprove any application from a State or a local educational agency, submitted under part A or B of this title, or any modification thereof, without affording the applicant reasonable notice and an opportunity for a hearing. "(b) Whenever the Commissioner, after reasonable notice and an opportunity for a hearing to a State or a local educational agency administering a program under an application approved under this title, finds that there has been a failure to comply substantially with the appropriate provisions of this title or with the provisions of an application approved under this title, he shall notify the State or the local educational agency, as the case may be, that further payments will not be made to that State or that local educational agency under that application until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to that State or that local educational agency under the application. Whenever a local educational agency is given notice under the first sentence of this subsection, notice shall also be submitted to the appropriate State educational agency. "JUDICIAL REVIEW "SEC. 552. (a) If any State or any local educational agency is dissatisfied with the Commissioner's final action with respect to the approval of an application submitted under part A or B of this title or with his final action under section 551 (b), such State or local educational agency may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State or local educational agency is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. 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. 80 1323. "(b) The findings of fact by the Commissioner, if supported 72 Stat. 9413 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 certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(c) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be 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." 62 Stat. 928. (b) The Act of July 26, 1954, entitled "An Act to establish Repeal. a National Advisory Committee on Education" (Public Law 532, Eighty-third Congress) is hereby repealed. (c) Subsections (a) (1) and (b) (1) of section 2 of the Cooperative Research Act are each amended by striking out "section 503 (a) (4)" and inserting in lieu thereof "sections 503 (4) and 523 (a) (3)". PART E-AMENDMENTS TO TITLE VII OF THE ELEMENTARY AND 20 USC 333337 68 Stat. 533. 79 Stat. 44; 80 Stat. 1202. 20 USC 331a. 81 Stat. 816. EXTENSION OF TITLE VII OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (THP BILINGUAL EDUCATION ACT) SEC. 151. Section 703 (a) of the Elementary and Secondary Education Act of 1965 is amended by striking out "and" where 20 USC 880b-1. it appears after "1969," and by inserting before the period at the end thereof a comma and the following: "$80,000,000 for the fiscal year ending June 30, 1971, $100,000,000 for the fiscal year ending June 30, 1972, and $135,000,000 for the fiscal year ending June 30, 1973". APPLICATION TO INDIANS ON RESERVATIONS SEC. 152. (a) Title VII of the Elementary and Secondary Education Act of 1965 is amended by redesignating sections 20 USC 880b4-880b-6. 84 Stat. 152. Ante, p. 151. 81 Stat. 816. 20 USC 880b. 20 USC 880b-4. 20 USC 880b-5. 81 Stat. 806, 816. 20 USC 887. 706, 707, and 708 (and references thereto) as sections 707, 705. and 709 thereof and by inserting the following new section immediately after section 705: "CHILDREN IN SCHOOLS ON RESERVATIONS "SEC. 706. (a) For the purpose of carrying out programs pur suant to this title for individuals on reservations serviced by ele mentary and secondary schools operated on such reservations for 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 purposes of this section, may be considered to be a local educational agency as such term is used in this title. "(b) From the sums appropriated pursuant to section 703, the Commissioner may also make payments to the Secretary of the Interior for elementary and secondary school programs to carry out the policy of section 702 with respect to individuals on reservations serviced by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. The terms upon which payments for that purpose may be made to the Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the policy of section 702." (b) Section 707(a) of such Act (as redesignated by this Act) is amended by inserting the following before the period at the end thereof: "or, in the case of payments to the Secretary of the Interior, an amount determined pursuant to section 706 (b)". INCREASE IN MEMBERSHIP OF ADVISORY COMMITTEE ON THE SEC. 153. Section 708 (a) of the Elementary and Secondary Education Act of 1965 as redesignated by this Act, is amended (1) by striking out "nine" and inserting in lieu thereof "fifteen", and (2) by striking out "four" and inserting in lieu thereof "seven". PART F-AMENDMENTS TO TITLE VIII OF THE ELEMENTARY EXTENSION OF SECTION 807 OF THE ELEMENTARY AND SEC. 161. Section 807 (c) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "(c) For the purpose of carrying out the provisions of this section, there is hereby authorized to be appropriated $30,000,000 for each of the fiscal years ending June 30, 1970, and June 30, 1971, $31,500,000 for the fiscal year ending June 30, 1972, and $33,000,000 for the fiscal year ending June 30, 1973." DEFINITION OF "GIFTED AND TALENTED CHILDREN" SEC. 162. Section 801 of the Elementary and Secondary Eduation Act of 1965 (relating to definitions) is amended by addng at the end thereof the following: "(1) The term 'gifted and talented children' means, in acordance with objective criteria prescribed by the Commissioner, hildren who have outstanding intellectual ability or creative alent the development of which requires special activities or ervices not ordinarily provided by local educational agencies." REVISION OF FEDERAL ADMINISTRATION SECTION SEC. 163. Section 803 (c) of the Elementary and Secretary Education Act of 1965 is amended by striking out "(1)" and by striking out everything after "by such other departments and agencies" and inserting in lieu thereof a period and the following: "Federal departments and agencies administering programs which may be effectively coordinated with programs carried out under this Act or any Act amended by this Act, including community action programs carried out under title II of the Economic Opportunity Act of 1964, shall, to the fullest extent permitted by other applicable law, carry out such programs in such a manner as to assist in carrying out, and to make more effective, the programs under this Act or any Act amended by this Act." SCHOOL NUTRITION AND HEALTH SERVICES AND RESEARCH IN SEC. 164. Title VIII of the Elementary and Secondary Education Act of 1965 is amended by adding to the end thereof the following new sections: "GRANTS FOR DEMONSTRATION PROJECTS TO IMPROVE SCHOOL NUTRITION AND HEALTH SERVICES FOR CHILDREN FROM LOW-INCOME FAMILIES "SEC. 808. (a) The Secretary shall carry out a program of making grants to local educational agencies and, where appropriate, nonprofit private educational organizations, to support demonstration projects designed to improve nutrition and health services in public and private schools serving areas with high concentrations of children from low-income families. "(b) Funds appropriated pursuant to subsection (d) shall be available for grants pursuant to applications approved under this section to pay the cost of (1) coordinating nutrition and health service resources in the areas to be served by a demonstration project supported under this section, (2) providing supplemental health, nutritional, mental health, and food services to children from low-income families when the resources for such services available to the applicant from other sources are inadequate to meet the needs of such children, (3) nutrition |