24. Grants for construction of educational broadcasting facilities under title III, part IV of the Communications Act of 1934, except the functions of the Secretary under sections 392-395 (Public Law 87-477, approved May 1, 1962, as amended) (47 U.S.C. 390-397).

25. Cuban refugee educational assistance programs, as assigned by the Commissioner of Welfare, under the Migration and Refugee Assistance Act of 1962 (Public Law 87-510, approved June 28, 1962, as amended) (22 U.S.C. 2601-2605). 26. Approval of recognized bodies for accrediting schools of medicine, dentistry, optometry, osteopathy, pharmacy, podiatry, nursing, and public health, membership on National Advisory Council on Education for Health Professions and the National Advisory Council on Nurse Training under the Public Health Service Act (Public Law 88-129, approved Sept. 24, 1963, as amended, sections 721, 725, 841 (a) (1), and 843 (f)) (42 U.S.C. 293a (b) (1), et seq).

27. Research and related activities in the field of education of handicapped children, training of physical educators and recreation personnel for handicapped children, and research and demonstration projects in physical sducation and recreation for such children under section 302 of title V of the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, except the functions of the Secretary in sections 302 (d) and 503 (Public Law 88-164, approved Oct. 31, 1963, as amended) (20 U.S.C. 618; 42 U.S.C. 2698– 2698b).

28. Higher Education Facilities Act of 1963, except the functions of the Secretary under section 306(b) to set limitations of general applicability respecting the amount of the annual interest grant or the amount on which such grants is based, and the functions of the Secretary under section 402 (c) (Public Law 88204, approved Dec. 16, 1963, as amended) (20 U.S.C. 701-757).

29. Vocational Education Act of 1963, except the functions of the Secretary under section 104 (a) (2) (B) (Public Law 88-210, approved Dec. 18, 1963, as amended) (20 U.S.C. 1241-1391).

30. Presidential Scholars (Executive Order 11155 of May 23, 1964).

31. Assistance in desegregation of public schools under title IV of the Civil Rights Act of 1964 (Public Law 88-352, approved July 2, 1964) (42 U.S.C. 2000c2000c-9).

32. Extension to the Trust Territory of the Pacific Islands of any program or of assistance under any program administered by the Commissioner of Education, except financial assistance under a grant-in-aid program (Public Law 88-487, approved Aug. 22, 1964) (48 U.S.C. 1681).

33. Membership on and assistance to President's Commission on White House Fellowships (Executive Order 11183 of Oct. 6, 1964).

34. Coordination of Federal education programs under Executive Order 11185 of October 16, 1954, as amended by Executive Order 11260 of December 15, 1965, except the functions of the Secretary thereunder.

35. Financial assistance for follow through under the Economic Opportunity Act of 1964 (Public Law 88-452, approved Aug. 30, 1964, as amended) (42 U.S.C. 2809 (a) (2), 2971).

36. Membership on President's Council on Equal Opportunity under Executive Order 11197 of February 5, 1965, except the functions of the Secretary thereunder. 37. Vocational education facilities and supplements to certain grant-in-aid programs administered by the Commissioner of Education-Appalachian Regional Development Act of 1965 (Public Law 89-4, approved Mar. 9, 1965, as amended) (40 U.S.C. App. 211, 214).

38. Elementary and Secondary Education Act of 1965, except the functions of the Secretary under sections 103 (d), 134, 510, 611, 707, and 802 (Public Law 89-10), approved Apr. 11, 1965, as amended) (20 U.S.C. 241 (a)-(m), 242–44, 821-887).

39. Membership on the Federal Council on the Arts and the Humanities and grants and loans for improving instructions in the humanities and the arts under the National Foundation on the Arts and the Humanities Act of 1965 (Public Law 89-209, approved Sept. 29, 1965, as amended) (20 U.S.C. 958, 961).

40. Higher Education Act of 1965, except the functions of the Secretary under sections 109, 205, 303, and 502 (Public Law 89-329, approved Nov. 8, 1965, as amended) (20 U.S.C. 1001-1144; 42 U.S.C. 2751-2756).

41. Adult Education Act of 1966, except the functions of the Secretary under section 310 (Public Law 89-750, title III, approved Nov. 3, 1966) (20 U.S.C. 1201-1213).

42. Planning and evaluation as authorized by section 402, Title IB of the Elementary and Secondary Education Amendments of 1967, except for those evaluation funds which are reserved in any fiscal year for use at the initiative and direction of the Assistant Secretary for Planning and Evaluation; and except authority to approve regulations, establish advisory committees, and appoint members thereof, which is reserved to the Secretary (Public Law 90-247, approved Jan. 2, 1968, as amended) (20 U.S.C. 1221–1226).

43. Handicapped Children's Early Education Assistance Act (Public Law 90538, approved Sept. 30, 1968) (20 U.S.C. 621–624).

44. The agreements made with the Department of State in connection with educational aspects of international education exchange and international technical cooperation programs under:

a. Agricultural Trade Development and Assistance Act of 1954 (Public Law 83-480, approved July 10, 1954, as amended) (7 U.S.C. Ch. 41).

b. Act for International Development of 1961 (Public Law 87-195, approved Sept. 4, 1961, as amended) (22 U.S.C. Ch. 32).

c. Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87-256, approved Sept. 21, 1961, as amended) (22 U.S.C. Ch. 33).

45. Emergency Insured Student Loan Act of 1969, except the functions of the Secretary under section 2 (Public Law 91-95, approved Oct. 22, 1969) (20 U.S.C. 1078a).

6-D Reservation of Authority.-No State grant-in-aid funds shall be withheld nor shall any State plan or amendment thereto submitted pursuant to any statute administered by the Office of Education be finally disapproved without the Commissioner's prior consultation and discussion with the Secretary.

6-E Redelegation of Authority.-Authority contained in section 6-C, except the making of regulations, may, to the extent permitted by law, be delegated or redelegated by the Commissioner of Education to such officials of the Office of Education as he may deem appropriate.

6-F Order of Succession.-1. During the absence or disability of the Commissioner of Education or in the event of a vacancy in that office, the first official listed below who is available shall act as Commissioner:

(a) Deputy Commissioner.

(b) Deputy Commissioner for Planning, Research, and Evaluation.

(c) Deputy Commissioner for School Systems.

(d) Deputy Commissioner for Higher and International Education.

(e) Deputy Commissioner for Instructional Resources.

(f) Associate Commissioner in order of the seniority of their appointments as Associate Commissioner or, in the event of concurrent appointments, in order of their seniority in the Office of Education.

(g) For a planned period of absence, the Commissioner may specify a different order of succession.

The CHAIRMAN. Also there is an Office of Assistant Secretary for Education and Office of Education chart. I direct that there be printed at this point in the record the chart-covering the duties of the office and at this point I mention the fact that in accordance with the rulings of this committee, you have submitted a financial statement. I have examined that financial statement. I find no conflict of interest in any of your financial interests shown in that financial statement. (The chart referred to follows:)

The CHAIRMAN. I understand, Senator Javits, you have seen the financial statement and examined it?

Senator JAVITS. That is right, Mr. Chairman, I have similiarly examined it and I find no conflict. When the chairman has completed his remarks I have a few remarks I would like to make.

The CHAIRMAN. Under the rules and custom of this committee the chairman and ranking minority member examines the financial statement. If any other member of the committee desires to examine it they may do so if there is any complaint of conflict of interest.

I grant the request of the ranking minority member-normally you, Dr. Marland, are called on for your statement but the ranking minority and since it is his party making the nomination has asked for the privilege to make a statement first and I grant that request.

OPENING STATEMENT OF SENATOR JAVITS

Senator JAVITS. Mr. Chairman, I have asked for this privilege because of the Chair's reference to alleged delay in the confirmation hearing.

I wish to state the chairman immediately upon my request went to work on establishing a hearing. I find no fault with the committee in dragging its feet in any way on this confirmation. On the contrary it probably could easily have found reasons for doing that, but it has

not.

Dr. Marland's nomination has elicited some opposition. It has also elicited a great deal of favorable comment.

I am much impressed with your qualifications, Dr. Marland, and I think you can do this job and do it well.

A number of communications which I would like to introduce into the record as the chairman have included letters from two former Commissioners of Education, Sam Brownell, who served under President Eisenhower, and Francis Keppel, who served under Presidents Kennedy and Johnson, who support this nomination.

I also have communications from the National Educational Association which has more than a million members, the American Council on Education which represents the broad spectrum of the higher education community, the National School Board Association, the Education Commissions of the States, the National Catholic Educational Association, the American Association of School Administrators, the Association of American Universities and the American Association of State Colleges and Universities.

I would like to offer these letters for the record.

The CHAIRMAN. Those letters are ordered printed in the record. Senator JAVITS. Together with two letters also from my own State, one from the New York State commissioner of education, Dr. Nyquist, and the other from Dr. Joseph Manch, president of the council of the Great City Schools and superintendent of the Buffalo Public Schools. I also include an editorial.

I am honored that so distinguished a constituent has been named by the President to this high and critical office.

Thank you, Mr. Chairman.

The CHAIRMAN. The additional letters and communications are ordered printed in connection with those previously ordered printed.

(The information referred to follows:)

YALE UNIVERSITY, New Haven, Conn., September 23, 1970.

Hon. JACOB K. JAVITS,
Member, Senate Committee on Labor and Public Welfare, Senate Office Building,
Washington, D.C.

DEAR SENATOR JAVITS: This letter is in support of the nomination of Sidney Marland for U.S. Commissioner of Education, and an expression of hope that your Committee will help to bring about speedy confirmation.

I was Commissioner of Education 1953-56, and have kept closely associated with the great expansion in Office of Education responsibilities since that time. The need for able leadership under a "confirmed" Commissioner is great.

I have known and worked with Sidney Marland in varied educational activities since he became school superintendent in Darien, Connecticut upon his return from military service in the 1940's. He is an able educator and administrator. His record of vigorous, competent and forward looking educational administration and his educational writings attest to his understanding of problems facing education in the United States and his ability to organize and direct operations which enable progress to be made in moving education ahead.

The personal integrity and vigor which Dr. Marland has exhibited in his career are important assets beyond his educational competence.

I urge that your Committee support the nomination of Dr. Sidney Marland for U.S. Commissioner of Education and assist in speedy confirmation by the U.S. Senate.

Respectfully,

S. M. BROWNELL, Consultant in Urban Education.

NEW YORK, N.Y.,
September 23, 1970.

SENATOR JACOB K. JAVITS,
Old Senate Building,

Washington, D.C.

DEAR SENATOR JAVITS: I was delighted to hear that the President had nominated Sidney Marland as United States Commissioner of Education. I have known him for twenty years and have done a good deal of work with him in that time. He has good judgment and has shown an ability to innovate as well as to manage. As is true, I suppose, of any man who has been a leader, he has probably built up a group of critics as well as a group of admirers. I enlist myself among the latter, and I therefore hope you will give a speedy consent to the President's excellent nomination.

From what I can hear of the affairs of the Office of Education from this distance, it would be very desirable if Mr. Mariand could get on the job just as soon as possible, and I therefore hope that you and your colleagues will be able to consider his appointment at the earliest possible date. With best personal regards, Sincerely your,

FRANCIS KEPPEL.

Hon. JACOB K. JAVITS,

NATIONAL EDUCATION ASSOCIATION,
Washington, D.C., September 24, 1970.

Committee on Labor and Public Welfare, New Senate Office Building, Washington. D.C.

DEAR SENATOR JAVITS: I am writing to advise you that the National Education Association, representing more than one million professional educators, supports the President's nomination of Dr. Sidney P. Marland for the post of U.S. Commissioner of Education.

We believe that Dr. Marland's experience and philosophy qualify him highly for this important post. He will be an effective and knowledgeable spokesman within the executive branch for the pressing needs and problems of education. For your information and review, I am enclosing a copy of the NEA's statement on Dr. Marland.