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

FUNCTIONS OF THE INSTITUTE

SEC. 4. The Secretary, through the Institute, shall conduct education search; collect and disseminate the findings of educational research; tra dividuals in educational research; assist and foster such research, coll dissemination, or training through grants, or technical assistance to, or financed cooperative arrangements with, public or private organization stitutions, agencies, or individuals; promote the coordination of such re and research support within the Federal Government; and may constr provide (by grant or otherwise) for such facilities as he determines may quired to accomplish such purposes. As used in this Act the term "educa research" includes research, planning, surveys, evaluations, investigati periments, developments, and demonstrations in the field of education.

EMPLOYMENT OF PERSONNEL

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

NATIONAL ADVISORY COUNCIL ON EDUCATIONAL RESEARCH AND
DEVELOPMENT

SEC. 6. (a) The President shall appoint a National Advisory Council o cational Research and Development which shall—

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

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

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

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

(c) The Secretary shall provide to the Council such professional, 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 Goverment 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, institution, 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. 133z-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

research and research support within the Federal Government; and (6) may construct or provide (by grant or otherwise) for such facilities as he determines may be required to accomplish such purposes.

Directs the President to appoint a National Advisory Council on Educational Research 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 matters of general policy arising in the administration of this act; (3) conduct such studies as may be necessary to fulfill its functions; 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.

SECTION-BY-SECTION ANALYSIS

SECTION 1. SHORT TITLE. This section provides that this legislation may be designated by the short title of "National Institute of Education Act."

SEC. 2. FINDINGS AND DECLARATION OF POLICY. Congress declares it to be the policy of the United States to provide equality of educational opportunity to all persons regardless of race, color, religion, sex, national origin, or social class. In order to further this purpose the bill would establish the National Institute of Education to conduct and support educational research, and disseminate educational research findings throughout the Nation.

SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE OF EDUCATION. There is to be established a National Institute of Education within the Department of Health, Education, and Welfare, under a Director (level V position) appointed by the President with the advice and consent of the Senate.

SEC. 4. FUNCTIONS OF THE INSTITUTE. The Secretary is directed, acting through the Institute, to conduct, and collect and disseminate the findings of, educational research (defined to include research, planning, surveys, evaluations, investigations, developments, and demonstrations in the field of education); to train individuals in such research; to aid such research through grants to, or other appropriate arrangements with, public or private organizations or individuals; and to promote the coordination of educational research and research support within the Federal Government. The section would also authorize the Secretary to construct or provide for the construction of facilities required to accomplish the bill's purposes. The Secretary may procure through appropriate contract any of the functions (such as the conduct of research) that the section would instruct him to perform directly.

SEC. 5. EMPLOYMENT OF PERSONNEL. The Secretary is authorized to appoint and compensate, without regard to the civil service and classification laws, such technical and professional personnel as he deems necessary to accomplish the functions of the Institute. The provision is modeled upon 42 U.S.C. § 1873 (a), which provides a similar authority to the Director of the National Science Foundation.

SEC. 6. NATIONAL ADVISORY COUNCIL ON EDUCATIONAL RESEARCH:

(a) Provision is made for the establishment of a National Advisory Council on Educational Research. The Council would advise the Secretary and the Director of the Institute on the status of educational research in the United States, and present appropriate recommendations to the Secretary with respect thereto, as well as advise the Secretary and the Director on matters of general policy arising in the administration of the bill. The Council would also prepare an annual report to the Secretary on the current status and needs of educational research in the United States, which the Secretary would transmit, with his recommendations, to the President.

(b) The Council shall be appointed by the President without regard to civil service laws and shall consist of 15 members appointed for 3-year terms. Provision is made for filling vacancies and for staggering terms of office. Compen sation is to be at the rate not exceeding the per diem of a GS-18.

(c) Professional, clerical and other assistance will be provided by the Secretary.

(d) The Council may hire personnel without regard to civil service requirements. Compensation of personnel is also determined by the Council. The Council may also enter into contracts for the conduct of studies and other activities necessary to discharge its duties.

SEC. 7. GENERAL PROVISIONS

(a) General administrative provisions which includes authority in the Secretary to utilize the services and facilities of other agencies of the Federal Government and of public or nonprofit agencies or institutions;

(b) Provision that payments may be made in installments, in advance or by way of reimbursement;

(c) Authority to accept gifts and voluntary services;

(d) Provisions permitting funds to be transferred to other Federal departments or agencies for use by such agencies for purposes of this act and provides that the Secretary is authorized to accept and expend funds of any other Federal agency for use under this act; and

(e) A provision making the Davis-Bacon Act applicable to construction project assisted under the bill.

SEC. 8. APPROPRIATIONS AUTHORIZED: The bill would authorize to be appropriated for the fiscal year ending June 30, 1972 and each year thereafter, such sums as may be necessary. Such funds would remain available until expended. Mr. BRADEMAS. The Select Subcommittee on Education will come to order.

The Chair wants to observe that although all of the members of the subcommittees of the Committee on Education and Labor have not yet been assigned, we are nonetheless very pleased to welcome some new members of the Committee on Education and Labor to participate with us this morning in this hearing: the gentlelady from Massachusetts, Mrs. Hicks; the gentlelady from Connecticut, Mrs. Grasso; the gentleman from New Jersey, Mr. Forsythe; the gentleman from New York, Mr. Peyser. And we hope that they will feel free to participate in these hearings.

The chairman of the Select Subcommittee on Education also feels that this may be an historic occasion in that we are for the first time emulating the other body in allowing television cameras to invade our territory, and we are very glad to have them here. These are the first public hearings of a House committee covered by television since the Congressional Reorganization Act last year permitting such coverage. The Select Subcommittee on Education today is meeting on H.R. 33 and H.R. 3606, bills to create a National Institute of Education to undertake and support research and development and innovation in education. This legislation arises from a proposal made by President Nixon in his message on education reform on March 3, 1970, to establish a National Institute of Education for the purpose of enhancing equality of opportunity in education and developing new and better ways for people to teach and learn at every level, from preschool to graduate school. The bill has been introduced by members on this committee on both sides of the aisle, including the chairman of the committee, Mr. Perkins; ranking minority member of the committee, Mr. Quie; myself; the ranking minority member of this subcommittee, Mr. Reid, from New York; and the distinguished gentleman from the State of Washington who has been a member of this subcommittee, Mr. Meeds; and some 20 members of the committee, both Democrats and Republicans.

The subcommittee plans to give this proposal its most serious and careful consideration. Relatively little money is spent on research on education in this country at the present time. In the field of defense, we spend 10 percent of all the money on research; but when it comes to education, we put less than one-third of 1 percent of our total budget into research and innovation and renewal. The proposed National Institute of Education is aimed at supporting the proposed research

and development and innovation to help change and, hopefully, improve, education at every level.

As President Nixon said in his speech last year, "As a first step toward reform, we need a coherent approach to research and experimentation. Local schools need an objective national body to evaluate new departures in teaching that are being conducted here and abroad, and means of disseminating information."

It is our plan, in considering this proposal, to listen to the views of representatives of a wide spectrum of opinion, both in education and related fields.

The present proposal was introduced nearly a year ago, but the results of a study of the possible structure of the institute, a study commissioned by the U.S. Office of Education and prepared by Roger Levien of the Rand Corp., has not yet been made final. Nonetheless, the subcommittee feels it is important to move ahead on this legisla tion. Following today's hearing, we shall, on Tuesday and Wednesday next week, hear the views of other distinguished authorities on the subject and shortly thereafter, we look forward to hearing the views of Secretary Richardson and his associates.

The Chair also observes the entry of a distinguished new Member of the committee to our hearings today, the gentleman from New York, Mr. Badillo, whom we are pleased to have here. The Chair wants to extend a warm welcome to the representatives of legislative commissions of the Parent-Teachers Association of the United States who are meeting in Washington today.

As one who is enthusiastic about the potential impact for good in our system of education of the National Institute of Education, I think that it is essential that the research it will in time support is directed to real problems in education--to real children, real schools, and real parents.

Second, the Chair wants to observe that he hopes that the introduction of this legislation and its support by the administration represent a significant, a substantial commitment on the part of the Nixon administration to support research in education, and we look forward to questioning the Secretary next month on that point.

The Chair also wants to welcome Mr. Landgrebe, a colleague from Indiana.

We are very fortunate today to have two outstanding authorities on education with us. First is an old friend of mine and the distinguished former counselor to President Nixon, a man who played a key role in the shaping of the President's National Institute of Education proposal, presently serving as professor of education and urban politics at Harvard University, and we look forward with enthusiasm to hearing from Prof. Daniel P. Moynihan.

Dr. Moynihan, we are pleased to have you here and look forward to your statement.

STATEMENT OF DANIEL P. MOYNIHAN, PROFESSOR OF EDUCATION AND URBAN POLITICS, HARVARD UNIVERSITY

Mr. MOYNIHAN. Thank you, Mr. Chairman.

Gentlemen and ladies of the committee, my name is Daniel P. Moynihan. I am professor of education and urban politics at Harvard University, and member of the faculty of public administration