(k) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

ADVISORY COUNCILS

SEC. 602. (a) The Commissioner may, without regard to the civil service laws, and subject to the Secretary's approval in such cases as the Secretary may prescribe, from time to time appoint an advisory council or councils to advise and consult with the Commissioner with respect to carrying out his functions under this or any other law.

(b) Members of such an advisory council who are not regular fulltime employees of the United States shall, while attending meetings or conferences of such council or otherwise engaged on business of such council, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including travel time, and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

FEDERAL ADMINISTRATION

SEC. 603. (a) The Commissioner may delegate any of his functions under this Act or any Act amended by this Act, except the making of regulations, to any officer or employee of the Office of Education.

(b) In administering the provisions of this Act or any Act amended by this Act, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement, as may be agreed upon.

FEDERAL CONTROL OF EDUCATION PROHIBITED

SEC. 604. Nothing contained in this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system, or over the selection of library resources or printed or published instructional materials by any educational institution or school system.

LIMITATION ON PAYMENTS UNDER THIS TITLE

SEC. 605. Nothing contained in this Act shall be construed to authorize the making of any payment under this Act, or under any Act amended by this Act, for religious worship or instruction.

TITLE VII-DEPARTMENT OF EDUCATION

SEC. 701. There is hereby established an executive department which shall be known as the Department of Education (hereinafter referred to as the "Department"). There shall be at the head of the Department a Secretary of Education (hereinafter referred to as the "Secretary"), who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive compensation at the rate prescribed for level I of the Federal Executive Salary Schedule established by the Federal Executive Salary Act of 1964. The Department shall be administered under the supervision and direction of the Secretary.

FUNCTION AND PURPOSE

SEC. 702. The function and purpose of the Department shall be to promote the cause and advancement of education throughout the Nation. To that end the Secretary shall, among his responsibilities, (1) advise the President with respect to the progress of education; (2) develop and recommend to the President appropriate policies and programs to foster the orderly growth and development of the Nation's educational facilities and resources; (3) exercise leadership at the direction of the President in coordinating Federal activities affecting education; (4) conduct continuing comprehensive surveys, collect data, and make available findings, on the progress of education; (5) provide information and such other assistance as may be authorized by the Congress to aid in the maintenance of efficient school systems; and (6) encourage comprehensive planning by the State and local governments with a view to coordinating Federal, State, and community educational activities at the local level.

UNDER SECRETARY AND OTHER OFFICERS

SEC. 703. There shall be in the Department an Under Secretary, four Assistant Secretaries, and a General Counsel, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such functions and duties as the Secretary may prescribe. The Under Secretary shall receive compensation at the rate prescribed for level III of the Federal Executive Salary Schedule established by the Federal Executive Salary Act of 1964, and the Assistant Secretaries and General Counsel shall receive compensation at the rate prescribed for level IV of such Schedule. The Under Secretary (or during the absence or disability of the Under Secretary, or in the event of a vacancy in the office of Under Secretary, an Assistant Secretary determined according to such order as the Secretary shall prescribe) shall act as Secretary during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary.

PROVISIONS OF LAW APPLICABLE TO THE DEPARTMENT

SEC. 704. Except to the extent inconsistent with this title, all provisions of law applicable to the executive departments generally shall apply to the Department.

SEAL

SEC. 705. The Secretary shall cause a seal of office to be made for the Department, of such design as the President shall approve, and judicial notice shall be taken thereof.

DELEGATION OF AUTHORITY

SEC. 706. The Secretary may, without being relieved of his responsibility therefor, and unless prohibited by some specific provision of law, perform any function vested in him through or with the aid of such officials or organizational entities of the Department as he may designate.

TRANSFERS TO DEPARTMENT

SEC. 707. (a) The United States Office of Education, together with all of its functions, personnel, property, records, obligations, commitments, and unexpended balances of appropriations, allocations and other funds (available or to be made available), is hereby transferred to the Department, and all functions of the Secretary of Health, Education, and Welfare being administered through such Office, and all functions of the Secretary of Health, Education, and Welfare with respect to such Office, are transferred to the Secretary.

(b) All laws dealing with the relationship between Gallaudet College, Howard University, Freedmen's Hospital, and American Printing House for the Blind, respectively, and the Secretary of Health, Education, and Welfare or the Department of Health, Education, and Welfare are hereby amended to substitute "Secretary of Education" for "Secretary of Health, Education, and Welfare," and to substitute "Department of Education" for "Department of Health, Education, and Welfare."

(c) Section 394 (3) of the Act to amend the Communications Act of 1934 to establish a program of Federal matching grants for the construction of television broadcasting facilities to be used for educational purposes (Public Law 87-447) is hereby amended to substitute "Secretary of Education" for "Secretary of Health, Education, and Welfare".

(d) Title II, part B, sections 231 and 232, and title III, sections 301, 302, 303, 306, and 309 of the Manpower Development and Training Act of 1962 (Public Law 87-415) are hereby amended by transferring from the Secretary of Health, Education, and Welfare to the Secretary of Education all duties and responsibilities contained therein.

(e) The President shall transfer to the Department from other departments, agencies, and instrumentalities of the Federal Government such additional functions relating to education as he determines necessary or appropriate to promote efficiency in Government and to

carry out the purposes of this title. Such transfers shall be completed by March 2, 1967.

TRANSFER MATTERS

SEC. 708. All laws relating to any agency or function transferred under this title shall, insofar as such laws are not inapplicable, remain in full force and effect. Any transfer of personnel pursuant to this title shall be without change in classification or compensation, except that this requirement shall not operate to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned. All orders, rules, regulations, permits, or other privileges made, issued, or granted by any agency or in connection with any functions transferred by this title, and in effect at the time of the transfer, shall continue in effect to the same extent as if such transfer had not occurred, until modified, superseded, or repealed. No suit, action, or other proceeding lawfully commenced by or against any agency or any officer of the United States acting in his official capacity shall abate by reason of any transfer made pursuant to this title, but the court, on motion or supplemental petition filed at any time within twelve months after such transfer takes effect, showing a necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the appropriate agency or officer of the United States.

ANNUAL REPORT

SEC. 709. The Secretary shall, as soon as practicable after the end of each calendar year, make a report to the President for the submission to the Congress on the activities of the department during the preceding calendar year. Such report shall also contain objective data on enrollments, expenditures, numbers of teachers, numbers of professionals who lack full qualifications, needs for classroom and other construction, special needs of critical areas such as urban areas, and similar data.

CONFORMING AMENDMENTS

SEC. 710. (a) Section 19 (d) (1) of the Act of June 25, 1958, is hereby amended by striking out the phrase "Secretary of Health, Education, and Welfare" at the end thereof and inserting the following: "Secretary of Health and Welfare, Secretary of Education".

(b) Section 158 of the Revised Statutes (5 U.S.C. 1) is amended by adding at the end thereof: "Eleventh. The Department of Education." and by amending the phrase "Health, Education, and Welfare” to read "Health and Welfare".

(c) Any reference to the Office of Education or the Commissioner of Education, in any other law, rule, regulation, certificate, directive, instruction, license, or other official paper in force on the effective date of this title shall be deemed to refer and apply to the Department or the Secretary, as may be appropriate.

(d) Any reference to the Department of Health, Education, and Welfare or the Secretary of Health, Education, and Welfare in any other law, rule, regulation, certificate, directive, instruction, license, or other official paper in force on the effective date of this title shall be deemed to refer and apply to the Department of Health and Welfare and the Secretary of Health and Welfare, respectively.

FEDERAL INTERAGENCY COMMITTEE ON EDUCATION

SEC. 711(a) There is hereby established a Federal Interagency Committee on Education (hereafter referred to as the "Committee"). (b) The Committee shall study and recommend such actions as may be necessary to assure effective coordination of Federal programs affecting education, including: (1) development of Federal programs in accordance with the educational goals and policies of the Nation; (2) consistent administration of policies and practices among Federal agencies in the conduct of similar programs; (3) full and effective communication among Federal agencies to avoid unnecessary duplication of activities; (4) adequate procedures for the availability of information on educational matters requested by the Secretary; and (5) full and effective cooperation with the Secretary on such studies and analyses as are necessary to carry out the purposes of this title.

(c) The Committee shall, not later than July 1, 1966, advise the President with respect to his responsibilities under subsection (e) of section 707 of this Act.

(d) The Committee shall be composed of the Secretary, who shall be the Chairman, and one appropriate representative of each of the following: the Department of State, the Department of Defense, the Department of Agriculture, the Department of Labor, the Department of Health and Welfare, the National Science Foundation, the Atomic Energy Commission, and the National Aeronautics and Space Administration.

(e) The chairman may invite Federal agencies in addition ot those which are represented on the Committee under the provisions of subsection (d) of this section to designate representatives to participate in meetings of the Committee on matters of substantial interest to such agencies which are to be considered by the Committee.

(f) The Director of the Bureau of the Budget, the Chairman of the Council of Economic Advisers, and the Director of the Office of Science and Technology may each designate a member of his staff to attend meetings of the Committee as an observer.

(g) Each Federal agency which is represented on the Committee under the provisions of subsection (d), of this section, shall furnish necessary assistance to the Committee in accordance with section 214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691).

EXPENDITURES AUTHORIZED

SEC. 712. The Secretary is authorized to make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, for lawbooks, books of reference and periodicals, and for printing and binding) as may be necessary to carry

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