year, as may be necessary to pay the cost of the administration and development of State plans, and other activities required pursuant to this title." APPOINTMENT OF MEMBERS OF NATIONAL ADVISORY COUNCIL ON SEC. 302. Members of the National Advisory Council on Adult Education shall be appointed within ninety days after the date of enactment of this Act. TITLE IV-AMENDMENTS TO TITLE IV OF PUBLIC GENERAL PROVISIONS SEC. 401. (a) Title IV of the Elementary and Secondary Education Amendments of 1967 is amended in the following respects: (1) The heading of such title is amended to read as follows: "TITLE IV-GENERAL PROVISIONS CONCERNING EDUCATION". (2) Section 401 of such title is amended (A) by adding at the end of the caption head"; DEFINITIONS; APPROPRIATIONS; SHORT TITLE", and (B) by inserting "(a)" after "SEC. 401." and adding at the end thereof the following new subsections: "(b) For the purposes of this title, the term "(1) 'Commissioner' means the Commissioner of Education; "(2) 'Secretary' means the Secretary of Health, Education, and Welfare; and "(3) applicable program' means a program to which this title is applicable. "(c) There are hereby authorized to be appropriated for any 84 Stat. 165. fiscal year, as part of the appropriations for salaries and ex- Appropriation. penses for the Office of Education, such sums as the Congress may determine to be necessary to carry out the provisions of this title. “(d) This title may be cited as the 'General Education Pro- Citation visions Act".". (3) Section 402 of such title is amended to read as follows: "PROGRAM PLANNING AND EVALUATION of title. "SEC. 402. (a) Sums appropriated pursuant to section 401 (c) Supra. may include for any fiscal year for which appropriations are otherwise authorized under any applicable program not to exceed $25,000,000 which shall be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, contracts, or other payments, for (1) plan Report to congressional committees. 20 USC 1223. 20 USC 1224, 1225. Availability of funds. 84 Stat. 166. ning for the succeeding year for any such program, and (2) evaluation of such programs. "(b) No later than July 31 of each calendar year, the Secretary shall transmit to the respective committees of the Congress having legislative jurisdiction over any applicable program a report containing (1) a brief description of each contract or grant for evaluation of such program or programs (whether or not such contract or grant was made under this section), any part of the performance of which occurred during the preceding fiscal year, (2) the name of the firm or individual who is to carry out the evaluation, and (3) the amount to be paid under the contract or grant.' (4) Section 403 of such title is amended by striking out "Act referred to in section 401" and inserting in lieu thereof "applicable program" and by striking out "under any such Act" and inserting in lieu thereof "under such program". (5) Sections 404 and 405 of such title are amended by striking out "Act referred to in section 401" and inserting in lieu thereof "applicable program". (6) Section 404 of such title is amended (A) in the caption head thereof, by striking out "AND" and inserting in lieu thereof a semicolon and by inserting "CONTINGENT EXTENSION OF EXPIRING APPROPRIATION AUTHORITY" at the end thereof; and (B) by inserting at the end thereof the following new subsection: "(c) Unless the Congress "(1) in the regular session in which a comprehensive evaluation report required by subsection (b) is submitted to Congress, has passed or formally rejected legislation extending the authorization for appropriations then specified for any title, part, or section of law to which such evaluation relates, or "(2) prior to July 1, 1973, by action of either House approves a resolution stating that the provisions of this subsection shall no longer apply. such authorization is hereby automatically extended, at the level specified for the terminal year of such authorization for one fiscal year beyond such terminal year, as specified in such legislation.". (7) Section 405 of such title is amended by inserting "loans," after "grants,". (8) Section 405 of such title is further amended by inserting "(a)" after "SEC. 405." and by inserting at the end thereof the following new subsection: "(b) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this title is applicable during any fiscal year, ending prior to July 1, 1973, which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year.". (9) Section 406 of such title is amended by inserting "and PART B-GENERAL REQUIREMENTS AND CONDITIONS CONCERN- CATION "SUBPART 1-GENERAL AUTHORITY "DELEGATION OF AUTHORITY; UTILIZATION OF OTHER AGENCIES "SEC. 411. (a) The Commissioner is authorized to delegat any of his functions under any applicable program, except t making of regulations and the approval of State plans, to any officer or employee of the Office of Education. "(b) In administering any applicable program, 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. "COLLECTION AND DISSEMINATION OF INFORMATION "SEC. 412. (a) The Commissioner shall "(1) prepare and disseminate to State and local educational agencies and institutions information concerning applicable programs and cooperate with other Federal officials who administer programs affecting education in disseminating information concerning such programs; "(2) inform the public on federally supported education programs; "(3) collect data and information on applicable programs for the purpose of obtaining objective measurements of the effectiveness of such programs in achieving their purposes; and "(4) prepare and publish an annual report (to be referred to as 'the Commissioner's annual report') on (A) the condition of education in the nation, (B) developments in the administration, utilization, and impact of applicable programs, (C) results of investigations and activities by the Office of Education, and (D) such facts and recommendations as will serve the purpose for which the Office of Education is established (as set forth in section 516 of the Revised Statutes (20 U.S.C. 1)). 82 Stat. 1094. 20 USC 1226. Ante, p. 164. "(b) The Commissioner's annual report shall be submitted to Report to the Congress not later than March 31 of each calendar year. The Congress. Commissioner's annual report shall be made available to State and local educational agencies and other appropriate agencies and institutions and to the general public. Contract authority. 84 Stat. 167. Transmittal to Congress. "(c) The Commissioner is authorized to enter into contracts with public or private agencies, organizations, groups, or individuals to carry out the provisions of this section. "CATALOG OF FEDERAL EDUCATION ASSISTANCE PROGRAMS "SEC. 413. The Commissioner shall prepare and make available in such form as he deems appropriate a catalog of all Federal education assistance programs whether or not such programs are administered by him. The catalog shall "(1) identify each such program, and include the name of the program, the authorizing statute, the specific Federal administering officials, and a brief description of such program; "(2) set forth the availability of benefits and eligibility restrictions in each such program; "(3) set forth the budget requests for each such program, past appropriations, obligations incurred, and pertinent financial information indicating (A) the size of each such program for selected fiscal years, and (B) any funds remaining available; "(4) set forth the prerequisities, including the cost to the recipient, of, receiving assistance under each such program. and any duties required of the recipient after receiving benefits; "(5) identify appropriate officials, in Washington, District of Columbia, as well as in each State and locality (if applicable), to whom application or reference for information for each such program may be made; "(6) set forth the application procedures; "(7) contain a detailed index designed to assist the potential beneficiary in identifying all education assistance programs related to a particular need or category of potential beneficiaries; "(8) contain such other program information and data as the Commisisoner deems necessary or desirable in order to assist the potential program beneficiary to understand and take advantage of each Federal education assistance program; and "(9) be transmitted to Congress with the Commissioner's annual report. "TECHNICAL ASSISTANCE "SEC. 414. (a) For the purpose of carrying out more effectively Federal education programs, the Commissioner is authorized, upon request, to provide advice, counsel, and technical assistance to State educational agencies, institutions of higher education, and, with the approval of the appropriate State educational agency, elementary and secondary schools "(1) in determining benefits available to them under Federal law; "(2) in preparing applications for, and meeting requirements of, applicable programs; "(3) in order to enhance the quality, increase the depth, or broaden the scope of activities under applicable programs; and "(4) in order to encourage simplification of applications, reports, evaluations, and other administrative procedures. "(b) The Commissioner shall permit local educational agencies to use organized and systematic approaches in determining cost allocation, collection, measurement, and reporting under any applicable program, if he determines (1) that the use of such approaches will not in any manner lessen the effectiveness and impact of such program in achieving purposes for which it is intended, (2) that the agency will use such procedures as will insure adequate evaluation of each of the programs involved, and (3) that such approaches are consistent with criteria prescribed by the Comptroller General of the United States for the purposes of audit. For the purpose of this subsection a cost is allocable to a particular cost objective to the extent of relative benefits received by such objective. "(c) The Commissioner's annual report shall contain a state- 84 Stat. 168. ment of the Commissioner's activities under this section. "PARENTAL INVOLVEMENT AND DISSEMINATION "SEC. 415. In the case of any applicable program in which the Commissioner determines that parental participation at the State or local level would increase the effectiveness of the program in achieving its purposes, he shall promulgate regulations with respect to such program setting forth criteria designed to encourage such participation. If the program for which such determination provides for payments to local educational agenices, applications for such payments shall- (1) set forth such policies and procedures as will insure that programs and projects assisted under the application have been planned and developed, and will be operated, in consultation with, and with the involvement of, parents of the children to be served by such programs and projects; "(2) be submitted with assurance that such parents have had an opportunity to present their views with respect to the application; and "(3) set forth policies and procedures for adequate dissemination of program plans and evaluations to such parents and the public. "USE OF FUNDS WITHHELD FOR FAILURE TO COMPLY WITH OTHER PROVISIONS OF FEDERAL LAW "SEC. 416. At any time that the Commissioner establishes an entitlement, or makes an allotment or reallotment to any State, under any applicable program, he shall reduce such entitlement, allotment, or reallotment by such amount as he determines it would have been reduced, had the data on which the entitlement, allotment, or reallotment is based excluded all data relating to local educational agencies of the State which on the date of the Commissioner's action are ineligible to receive the Federal |