(b) For the purpose of making grants under this part, there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1970, $20,000,000 for the fiscal year ending June 30, 1971, $30,000,000 for the fiscal year ending June 30, 1972, and $40,000,000 for the fiscal year ending June 30, 1973, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV. (As amended Pub. L. 93-380, title I, § 104(b), Aug. 21, 1974, 88 Stat. 503.)

REFERENCES IN TEXT

Part C of title IV, referred to in subsec. (b), is classified to section 1831 et seq. of this title.

AMENDMENTS

1974 Subsec. (b). Pub. L. 93-380 authorized appropriation of $40,000,000 for fiscal years ending June 30, 1974, through 1978, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-380 effective on and after July 1, 1973, see section 104(d) of Pub. L. 93-380, set out as a note under section 861 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 866a of this title.

§ 866a. Apportionment among States.

(a) From the sums appropriated for carrying out this part for each fiscal year, the Commissioner shall reserve such amount, but not in excess of 1 per centum of such sums, as he may determine and shall apportion such amount among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this part. The remainder of such sums shall be apportioned by the Commissioner as follows:

(A) He shall apportion 40 per centum of such remainder among the States in equal amounts.

(B) He shall apportion to each State an amount that bears the same ratio to 60 per centum of such remainder as the number of public school pupils in the State bears to the number of public school pupils in all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him.

For purpose of this paragraph, the term "State" does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

"Guam" in two instances and reduced the rate from "2" to "1" per centum.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-380 effective on and after July 1, 1974, see section 843 (c) of Pub. L. 93-380, set out as a note under section 241g of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 866b of this title.

PART C.-COMPREHENSIVE EDUCATIONAL PLANNING AND

EVALUATION

§ 867. Authorization of appropriations; apportionment among States.

(b) For the purpose of carrying out the provisions of this part, there are hereby authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1971, $15,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV.

(c) (1) (A) From the sums appropriated for carrying out this part for each fiscal year, the Commissioner shall reserve such amount, but not in excess of 1 per centum of such per centum, as he may determine and shall apportion such amount among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this part. The remainder shall be apportioned by the Commissioner as follows:

(i) He shall apportion 40 per centum of such remainder among the States in equal amounts.

(ii) He shall apportion to each State an amount that bears the same ratio to 60 per centum of such remainder as the population of the State bears to the population of all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him.

(B) For purposes of this paragraph (1), the term "State" does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(As amended Pub. L. 93-380, title I, § 104(c), title VIII, § 843(a)(2), (3), Aug. 21, 1974, 88 Stat. 503, 611.)

REFERENCES IN TEXT

Part C of title IV, referred to in subsec. (b), is classified to section 1831 et seq. of this title.

AMENDMENTS

1974 Subsec. (b). Pub. L. 93-380, § 104 (c), authorized appropriation of $20,000,000 for fiscal years ending June 30, 1974, through 1978, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV.

Subsec. (c) (1) Pub. L. 93-380, § 843 (a)(2), (3), struck out reference to "the Commonwealth of Puerto Rico," preceding "Guam" in subpars. (A) and (B) and reduced the rate in subpar. (A) from "2" to "1" per centum.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment of subsec. (b) by Pub. L. 93-380 effective on and after July 1, 1973, see section 104(d) of Pub. L. 93-380, set out as a note under section 861 of this title.

Amendment of subsec. (c) (1) by Pub. L. 93-380 effective on and after July 1, 1974, see section 843 (e) of Pub. L. 93-380, set out as a note under section 241g of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 1107.

PART D.-COUNCILS ON QUALITY IN EDUCATION § 868. National Council and State advisory councils.

TERMINATION OF ADVISORY COUNCILS

Advisory Councils in existence on January 5, 1973, to terminate not later than the expiration of the two-year period following January 5, 1973, unless, in the case of a Council established by the President or an officer of the Federal Government, such Council is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a Council established by the Congress, its duration is otherwise provided by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

SUBCHAPTER IV-A.-BILINGUAL EDUCATION [NEW]

AMENDMENTS

1974-Pub. L. 89-10, title VII, as added Pub. L. 93-380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 503, added heading "Bilingual Education". Pub. L. 89-10, title VII, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, added prior heading "Bilingual Education Programs."

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 881, 1205, 1262, 1401 of this title.

§ 880b. Congressional declaration of policy; authorization of appropriations.

(a) Recognizing—

(1) that there are large numbers of children of limited English-speaking ability;

(2) that many of such children have a cultural heritage which differs from that of Englishspeaking persons;

(3) that a primary means by which a child learns is through the use of such child's language and cultural heritage;

(4) that, therefore, large numbers of children of limited English-speaking ability have educational needs which can be met by the use of bilingual educational methods and techniques; and

(5) that, in addition, children of limited English-speaking ability benefit through the fullest utilization of multiple language and cultural

resources.

the Congress declares it to be the policy of the United States, in order to establish equal educational opportunity for all children (A) to encourage the establishment and operation, where appropriate, of educational programs using bilingual educational practices, techniques, and methods, and (B) for that purpose, to provide financial assistance to local educational agencies, and to State educational agencies for certain purposes, in order to enable such local educational agencies to develop and carry out such programs in elementary and secondary schools, including activities at the preschool level, which are designed to meet the educational needs of such children; and to demonstrate effective ways of providing, for children of limited English-speaking

ability, instruction designed to enable them, while using their native language, to achieve competence in the English language.

(b) (1) Except as is otherwise provided in this subchapter, for the purpose of carrying out the provisions of this subchapter, there are authorized to be appropriated $135,000,000 for the fiscal year ending June 30, 1974; $135,000,000 for the fiscal year ending June 30, 1975; $140,000,000 for the fiscal year ending June 30, 1976; $150,000,000 for the fiscal year ending June 30, 1977; and $160,000,000 for the fiscal year ending June 30, 1978.

(2) There are further authorized to be appropriated to carry out the provisions of section 880b7(b) (3) of this title $6,750,000 for the fiscal year ending June 30, 1974; $7,250,000 for the fiscal year ending June 30, 1975; $7,750,000 for the fiscal year ending June 30, 1976; $8,750,000 for the fiscal year ending June 30, 1977; and $9,750,000 for the fiscal year ending June 30, 1978.

(3) From the sums appropriated under paragraph (1) for any fiscal year

(A) the Commissioner shall reserve $16,000,000 of that part thereof which does not exceed $70,000,000 for training activities carried out under clause (3) of subsection (a) of section 880b-7 of this title, and shall reserve for such activities 333 per centum of that part thereof which is in excess of $70,000,000; and

(B) the Commissioner shall reserve from the amount not reserved pursuant to clause (A) of this paragraph such amounts as may be necessary, but not in excess of 1 per centum thereof, for the purposes of section 880b-11 of this title. (Pub. L. 89-10, title VII § 702, as added Pub. L. 93380, title I, § 105 (a) (1), Aug. 21, 1974, 88 Stat. 503.)

CODIFICATION

A prior section 880b, Pub. L. 89-10, title VII, § 702, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, provided for Congressional declaration of policy and defined "children of limited English-speaking ability". Such provision remaining in effect through June 30, 1975, to the extent not inconsistent with the amendment made by section 105 of Pub. L. 93-380, see section 105 (a) (2) (A) of Pub. L. 93-380, set out as a note hereunder.

EFFECTIVE DATE

Section 105(a) (2) (A) of Pub. L. 93-380 provided that: "The amendment made by this subsection [enacting sections 880b, 880b-1, and 880b-10 to 880b-13 of this title] shall be effective upon the date of enactment of this Act [Aug. 21, 1974], except that the provisions of part A of title VII of the Elementary and Secondary Education Act of 1965 (as amended by subsection (a) of this section) [sections 880b-7 to 880b-9 of this title] shall become effective on July 1, 1975, and the provisions of title VII of the Elementary and Secondary Education Act of 1965 [sections 880b, 880b-1, 880b-2, 880b-3, 880b-3a, 880b-4, and 880b-5 of this title] in effect immediately prior to the date of enactment of this Act [Aug. 21, 1974] shall remain in effect through June 30, 1975, to the extent not inconsistent with the amendment made by this section [enacting sections 880b, 880b-1, and 880b-7 to 880b13 of this title and provision set out as a note under section 880b-11 of this title]."

SHORT TITLE

Section 701 of Pub. L. 89–10, title VII, as added by Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, and reenacted by Pub. L. 93-380, title I, § 105(a) (1), Aug. 21, 1974, 88 Stat. 503, provided that: "This title [this subchapter] may be cited as the 'Bilingual Education Act'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 880b-7, 880b-8, 880b-10 of this title.

§ 880b-1. General provisions.

(a) Definitions; English-speaking children, enrollment; application.

The following definitions shall apply to the terms used in this subchapter:

(1) The term "limited English-speaking ability", when used with reference to an individual, means—

(A) individuals who were not born in the United States or whose native language is a language other than English, and

(B) individuals who come from environments where a language other than English is dominant, as further defined by the Commissioner by regulations;

and, by reason thereof, have difficulty speaking and understanding instruction in the English language.

(2) The term "native language", when used with reference to an individual of limited English-speaking ability, means the language normally used by such individuals, or in the case of a child, the language normally used by the parents of the child.

(3) The term "low-income" when used with respect to a family means an annual income for such a family which does not exceed the low annual income determined pursuant to section 241c of this title.

(4) (A) The term "program of bilingual education" means a program of instruction, designed for children of limited English-speaking ability in elementary or secondary schools, in which, with respect to the years of study to which such program is applicable

(i) there is instruction given in, and study of, English and, to the extent necessary to allow a child to progress effectively through the educational system, the native language of the children of limited English-speaking ability, and such instruction is given with appreciation for the cultural heritage of such children, and, with respect to elementary school instruction, such instruction shall, to the extent necessary, be in all courses or subjects of study which will allow a child to progress effectively through the educational system; and

(ii) the requirements in subparagraphs (B) through (E) of this paragraph and established pursuant to subsection (b) of this section are met. (B) A program of bilingual education may make provision for the voluntary enrollment to a limited degree therein, on a regular basis, of children whose language is English, in order that they may acquire an understanding of the cultural heritage of the children of limited English-speaking ability for whom the particular program of bilingual education is designed. In determining eligibility to participate in such programs, priority shall be given to the children whose language is other than English. In no event shall the program be designed for the purpose of teaching a foreign language to English-speaking children.

(C) In such courses or subjects of study as art, music, and physical education, a program of bilingual education shall make provision for the

participation of children of limited English-speaking ability in regular classes.

(D) Children enrolled in a program of bilingual education shall, if graded classes are used, be placed, to the extent practicable, in classes with children of approximately the same age and level of educational attainment. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of bilingual education shall seek to insure that each child is provided with instruction which is appropriate for his or her level of educational attainment.

(E) An application for a program of bilingual education shall be developed in consultation with parents of children of limited English-speaking ability, teachers, and, where applicable, secondary school students, in the areas to be served, and assurances shall be given in the application that, after the application has been approved under this subchapter, the applicant will provide for participation by a committee composed of, and selected by, such parents, and, in the case of secondary schools, representatives of secondary school students to be served. (5) The term "Office" means the Office of Bilingual Education.

(6) The term "Director" means the Director of the Office of Bilingual Education.

(7) The term "Council" means the National Advisory Council on Bilingual Education.

(8) The term "other programs for persons of limited English-speaking ability" when used in sections 880b-10 and 880b-11 of this title means the program authorized by section 1607(c) of this title and the programs carried out in coordination with the provisions of this subchapter pursuant to section 1262(a) (4) (C) of the title and sections 1393 to 1393f of this title, and section 1205 (a) (11) of this title, and programs and projects serving areas with high concentrations of persons of limited Englishspeaking ability pursuant to section 351d (b) (4) of this title.

(b) Model programs.

The Commissioner, after receiving recommendations from State and local educational agencies and groups and organizations involved in bilingual education, shall establish, publish, and distribute, with respect to programs of bilingual education, suggested models with respect to pupil-teacher ratios, teacher qualifications, and other factors affecting the quality of instruction offered in such programs. (c) Regulations.

In prescribing regulations under this section, the Commissioner shall consult with State and local educational agencies, appropriate organizations representing parents and children of limited Englishspeaking ability, and appropriate groups and organizations representing teachers and educators involved in bilingual education. (Pub. L. 89-10, title VII, § 703, as added and amended Pub. L. 93-380, title I, § 105(a) (1), (b), Aug. 21, 1974, 88 Stat. 504, 512.)

CODIFICATION

A prior to section 880b-1, Pub. L. 89-10, title VII, § 703, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, and amended Pub. L. 91-230, title I, § 151, Apr. 13, 1970, 84 Stat. 151, authorized appropriation of 15,

30, 40, 80, 100, and 135 million dollars for fiscal years ending June 30, 1968 through 1973, respectively, and for distribution of funds.

Section 880b-2, Pub. L. 89-10, title VII, § 704, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 817, related to uses for Federal funds.

Section 880b-3a, Pub. L. 89-10, title VII, § 706, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 817 related to applications for grants, providing in subsec.: (a) for time of and contents of applications; (b) conditions for approval; and (c) amendments.

Section 880b-3a, Pub. L. 89-10, title VII, § 706, as added Pub. L. 91-230, title I, § 152(a), Apr. 13, 1970, 84 Stat. 151, and amended Pub. L. 92-318, title IV, § 452, June 23, 1972, 86 Stat. 345, provided for children in schools on or near reservations, subsec. (a) relating to local educational agency status of Indian institution or organization and subsec. (b) to payments to Secretary of Interior and criteria for such payments.

Section 880b-4, Pub. L. 89-10, title VII, § 707, formerly 706, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 819, and renumbered and amended Pub. L. 91-230, title I, § 152(a), (b), Apr. 13, 1970, 84 Stat. 151, 152, related to payments to applicants.

Section 880b-6, Pub. L. 89-10, title VII, § 709, formerly 708, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 819, and renumbered Pub. L. 91-230, title I, § 152 (a), Apr. 13, 1970, 84 Stat. 151, related to labor standards requirement (prevailing wage rates), was repealed by Pub. L. 91-230, title IV, § 401 (g) (5), Apr. 13, 1970, 84 Stat. 174, and is now covered by section 1232b of this title.

Such provisions, sections 880b-1, 880b-2, 880b-3, 880b-' 3a, 880b-4, and section 708 of Pub. L. 89-10, as amended, remaining in effect through June 30, 1975, to the extent not inconsistent with the amendment made by section 105 of Pub. L. 93-380, see section 105(a) (2) (A) of Pub. L. 93-380, set out as a note under section 880b of this title. AMENDMENTS

1974 Subsec. (a) (8). Pub. L. 93-380, § 105(b), added par. (8).

EFFECTIVE DATE

Section effective Aug. 21, 1974, see section 105 (a) (2) (A) of Pub. L. 93-380, set out as a note under section 880b of this title.

ADVISORY COMMITTEE ON EDUCATION OF BILINGUAL CHILDREN Pub. L. 89-10, title VII, § 708, formerly 707, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 819, and renumbered and amended Pub. L. 91-230, title I, §§ 152(a), 153, title IV, § 401 (h) (3), Apr. 13, 1970, 84 Stat. 151, 152, 174; Pub. L. 93-380, title VIII, § 845 (c), Aug. 21, 1974, 88 Stat. 612, provided that:

"(a) The Commissioner shall establish in the Office of Education an Advisory Committee on the Education of Bilingual Children, consisting of fifteen members appointed, without regard to the civil service laws, by the Commissioner with the approval of the Secretary. The Commissioner shall appoint one such member as Chairman. At least seven of the members of the Advisory Committee shall be educators experienced in dealing with the educational problems of children whose native tongue is a language other than English. Subject to section 1233g(b) of this title, the Advisory Committee shall continued [sic] to exist until July 1, 1978."

"(b) The Advisory Committee shall advise the Commissioner in the preparation of general regulations and with respect to policy matters arising in the administration of this subchapter, including the development of criteria for approval of applications thereunder. The Commissioner may appoint such special advisory and technical experts and consultants as may be useful and necessary in carrying out the functions of the Advisory Committee." SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351d, 880b-9, 1205, 1244, 1262, 1401 of this title.

§§ 880b-2 to 880b-5.

Expiration of sections on June 30, 1975, see Codification notes under section 880b-1 of this title.

PART A.-FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION PROGRAMS

§ 880b-7. Bilingual education programs.

(a) Grants for certain programs and activities. Funds available for grants under this part shall be used for

(1) the establishment, operation, and improvement of programs of bilingual education;

(2) auxiliary and supplementary community and educational activities designed to facilitate and expand the implementation of programs described in clause (1), including such activities as (A) adult education programs related to the purposes of this subchapter, particularly for parents of children participating in programs of bilingual education, and carried out, where appropriate, in coordination with programs assisted under the Adult Education Act, and (B) preschool programs preparatory and supplementary to bilingual education programs;

(3) (A) the establishment, operation, and improvement of training programs for personnel preparing to participate in, or personnel particiating in, the conduct of programs of bilingual education and (B) auxiliary and supplementary training programs, which shall be included in each program of bilingual education, for personnel preparing to participate in, or personnel particiating in, the conduct of such programs; and

(4) planning, and providing technical assistance for, and taking other steps leading to the development of, such programs.

(b) Applications to Commissioner; eligible applicants; time, manner, and information; conditions for approval; provisions, agreements, and assurances of State educational agency applications, including coordination of technical assistance and supplementation not supplantation of funds limiation of payments to State educational agencies. (1) A grant may be made under this section only upon application therefor by one or more local educational agencies or by an institution of higher education, including a junior or community college, applying jointly with one or more local educational agencies (or, in the case of a training activity described in clause (3) (A) of subsection (a) of this section, by eligible applicants as defined in section 880b-9 of this title). Each such application shall be made to the Commissioner at such time, in such manner, and containing such information as the Commissioner deems necessary, and

(A) include a description of the activities set forth in one or more of the clauses of subsection (a) of this section which the applicant desires to carry out; and

(B) provide evidence that the activities so described will make substantial progress toward making programs of bilingual education available to the children having need thereof in the area served by the applicant.

(2) An application for a grant under this part may be approved only if—

(A) the provision of assistance proposed in the application is consistent with criteria established by the Commissioner, after consultation with the State educational agency, for the purpose of

achieving an equitable distribution of assistance under this part within the State in which the applicant is located, which criteria shall be developed by his taking into consideration (i) the geographic distribution of children of limited English-speaking ability, (ii) the relative need of persons in different geographic areas within the State for the kinds of services and activities described in subsection (a) of this section, (iii) with respect to grants to carry out programs described in clauses (1) and (2) of subsection (a) of this section, the relative ability of particular local educational agencies within the State to provide such services and activities, and (iv) with respect to such grants, the relative numbers of persons from lowincome families sought to be benefitted by such programs;

(B) in the case of applications from local educational agencies to carry out programs of bilingual education under clause (1) of subsection (a) of this section, the Commissioner determines that not less than 15 per centum of the amounts paid to the applicant for the purposes of such programs shall be expended for auxiliary and supplementary training programs in accordance with the provisions of clause (3) (B) of such subsection and section 880b-9 of this title;

(C) the Commissioner determines (i) that the program will use the most qualified available personnel and the best resources and will substantially increase the educational opportunities for children of limited English-speaking ability in the area to be served by the applicant, and (ii) that, to the extent consistent with the number of children enrolled in nonprofit, nonpublic schools in the area to be served whose educational needs are of the type which the program is intended to meet, provision has been made for participation of such children; and

(D) the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Commissioner.

(3) (A) Upon an application from a State educational agency, the Commissioner shall make provision for the submission and approval of a State program for the coordination by such State agency of technical assistance to programs of bilingual education in such State assisted under this subchapter. Such State program shall contain such provisions, agreements, and assurances as the Commissioner shall, by regulation, determine necessary and proper to achieve the purposes of this subchapter, including assurances that funds made available under this section for any fiscal year will be so used as to supplement, and to the extent practical, increase the level of funds that would, in the absence of such funds be made available by the State for the purposes described in this section, and in no case to supplant such funds.

(B) Except as is provided in the second sentence of this subparagraph, the Commissioner shall pay from the amounts authorized for these purposes pursuant to section 880b of this title for each fiscal year to each State educational agency which has a State program submitted and approved under sub

paragraph (A) such sums as may be necessary for the proper and efficient conduct of such State program. The amount paid by the Commissioner to any State educational agency under the preceding sentence for any fiscal year shall not exceed 5 per centum of the aggregate of the amounts paid under this part to local educational agencies in the State of such State educational agency in the fiscal year preceding the fiscal year in which this limitation applies.

(c) Distribution of funds; priority to needy areas.

In determining the distribution of funds under this subchapter, the Commissioner shall give priority to areas having the greatest need for programs assisted under this subchapter. (Pub. L. 89-10, title VII, § 721, as added Pub. L. 93-380, title I, § 105 (a) (1), Aug. 21, 1974, 88 Stat. 506.)

REFERENCES IN TEXT

Adult Education Act, referred to in subsec. (a) (2), is classified to chapter 30 of this title.

EFFECTIVE DATE

Section effective July 1, 1975, see section 105(a) (2) (A) of Pub. L. 93-380, set out as a note under section 880b of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 880b, 880b-9 of this title.

§ 880b-8. Indian children in schools.

(a) Tribal institution or organization considered to be local educational agency.

For the purpose of carrying out programs under this part for individuals served by elementary and secondary schools operated predominantly 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 subchapter.

(b) Payments to Secretary of Interior for bilingual education of children on reservations by schools operated or funded by Department of Interior; criteria.

From the sums appropriated pursuant to section 880b(b) of this title, the Commissioner is authorized to make payments to the Secretary of the Interior to carry out programs of bilingual education for children on reservations served by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. The terms upon which payments for such 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 880b (a) of this title.

(c) Annual report to Congress and President; authority or obligation of Director unaffected. The Secretary of the Interior shall prepare and, not later than November 1 of each year, shall submit to the Congress and the President an annual report detailing a review and evaluation of the use, during the preceding fiscal year, of all funds paid to him by the Commissioner under subsection (b) of this section, including complete fiscal reports, a description of the personnel and information paid for in whole or in part with such funds, the allocation of such