SEC. 8. That in order to encourage the States in the Americanization of immigrants $7,500,000, or so much thereof as may be necessary, is authorized to be appropriated annually to teach immigrants fourteen years of age and over to speak and read the English language and to understand and appreciate the Government of the United States and the duties of citizenship. The said sum shall be apportioned to the States which qualify under the provisions of this act in the proportions which their respective foreign-born populations bear to the total foreign-born population of the United States, not including outlying possessions, according to the last preceding census of the United States. All funds apportioned to a State for the Americanization of immigrants shall be distributed and administered in accordance with the laws of said State and in like manner as the funds provided by State and local authorities for the same purpose, and the State and local educational authorities of said State shall determine the courses of study, plans, and methods for carrying out the purposes of this section within said State in accordance with the laws thereof.

SEC. 9. That in order to encourage the States to equalize educational apportunities $50,000,000 or so much thereof as may be necessary is authorized to be appropriated annually to be used in public elementary and secondary schools for the partial payment of teachers' salaries, for providing better instruction and extending school terms, especially in rural schools and schools in sparsely settled localities, for the extension and adaptation of public libraries for educational purposes and otherwise providing equally good educational opportunities for the children of the several States. The said sum shall be apportioned to the States which qualify under the provisions of this act, one-half in the proportions which the number of children between the ages of six and twenty-one of the respective States bears to the total number of such children in the United States, and one-half in the proportion which the number of public-school teachers employed in teaching positions in the respective States bears to the total number of public-school teachers so employed in the United States, not including outlying possessions, said apportionment to be based upon statistics collected annually by the department of education. All funds apportioned to a State to equalize educational opportunities shall De distributed and administered in accordance with the laws of said State in like manner as the funds provided by State and local authorities for the same purpose, and the State and local educational authorities of said State shall determine the courses of study, plans and methods for carrying out the purposes of this section within said State in accordance with the laws thereof: Provided, however, That the apportionments authorized by this section shall be made only to such States as by law provide: (a) A legal school term of at least twenty-four weeks in each year for the benefit of all children of school age in such State; (b) A compulsory school attendance law requiring all children between the ages of seven and fourteen years to attend some school for at least twenty-four weeks in each year; (c) That the English language shall be the basic language of instruction in the common school branches in all schools, public and private: Provided, That apportionment may be made under the provisions of this section to a State prevented by its constitution from full compliance with the foregoing conditions if said conditions are approximated as nearly as constitutional limitations will permit.

SEC. 10. That in order to encourage the States in the promotion of physical education, $20,000,000, or so much thereof as may be necessary, is authorized to be appropriated annually for physical education and instruction in the principles of health and sanitation. Said sum shall be apportioned to the States which qualify under the provisions of this act in the proportions which their respective populations bear to the total population of the United States, not including outlying possessions, according to the last preceding census of the United States. All funds apportioned to a State for the promotion of physical education shall be distributed and administered in accordance with the laws of said State in like manner as the funds provided by State and local authorities for the same purpose, and the State and local educational authorities of said State shall determine the courses of study, plans, and methods for carrying out the purposes of this section within said State in accordance with the laws thereof.

SEC. 11. That in order to encourage the States in the preparation of teachers for public-school service, $15,000.000, or so much thereof as may be necessary. is authorized to be appropriated annually to provide and extend facilities for

the improvement of teachers in service and for the more adequate preparation of prospective teachers, and to provide an increased number of trained and competent teachers by encouraging through the establishment of scholarships and otherwise a greater number of talented young persons to make adequate preparation for public-school service. The said sum shall be apportioned to the States which qualify under the provisions of this act in the proportions which the number of public-school teachers employed in teaching positions in the respective States bear to the total number of public-school teachers so employed in the United States, not including outlying possessions, said apportionments to be based on statistics collected annually by the department of education. All funds apportioned to a State for the preparation of teachers for public-school service shall be distributed and administered in accordance with the laws of said State in like manner as the funds provided by State and local authorities for the same purpose, and the State and local educational authorities of said State shall determine the courses of study, plans, and methods for carrying out the purposes of this section within said State in accordance with the laws thereof.

SEC. 12. That in order to receive apportionment from one or more of the appropriations authorized in sections 7, 8, 9, 10, and 11 of this act a State shall by legislative enactment accept the provisions of this act and provide for the distribution and administration of such funds as shall be apportioned to said State, and shall designate the State's chief educational authority, whether a State superintendent of public instruction, a commissioner of education, a State board of education, or other legally constituted chief educational authority, to represent said State in the administration of this act, and such authority so designated shall be recognized by the secretary of education: Provided, That in any State in which the legislature does not meet within one year after the passage of this act, the governor of said State, in so far as he may have authority so to do, may take such action, temporarily, as is herein provided to be taken by legislative enactment in order to secure the benefits of this act, and such action by the governor shall be recognized by the secretary of education for the purposes of this act until the legislature of said State shall have met in due course and been in session sixty days.

In any State accepting the provisions of this act the State treasurer shall be designated and appointed as custodian of all funds received by said State as apportionments under the provisions of this act, to receive and provide for the proper custody and disbursement of the same, such disbursements to be made in accordance with the legal provisions of said State.

A State may accept the provisions of any one or more of the respective apportionments authorized in sections 7, 8, 9, 10, and 11 of this act, and may defer the acceptance of any one or more of said apportionments: Provided, however, That no money shall be apportioned to any State from any of the funds authorized to be appropriated by sections 7, 8, 9, 10, and 11 of this act, unless a sum at least equally as large shall be provided by said State, or by local authorities, or by both, for the same purpose: And provided further, That the sum or sums provided by the State and local authorities for the equalization of educational opportunities, for the promotion of physical education, and for the preparation of teachers shall not be less for any year than the amount provided for the same purpose for the fiscal year next preceding the acceptance of the provisions of this act by said State: And provided further, That no money apportioned to a State under any of the provisions of this act shall be used by any State or local authority, directly or indirectly, for the purchase, rental, erection, preservation, or repair of any building or equipment, or for the purchase or rental of land, or for the payment of debts or the interest thereon.

SEC. 13. That when a State shall have accepted the provisions of this act and shall have provided for the distribution and administration of such funds as shall be apportioned to said State, and when the State's chief educational authority designated to represent said State shall so report in writing to the secretary of education, and said report shall be approved by the governor of said State, showing that said State has complied with the provisions of this act with respect to any one or more of the apportionments authorized in sections 7, 8, 9, 10, and 11 of this act, and when annually thereafter a like report shall be filed with the secretary of education, approved by the governor of said State, the secretary of education shall apportion to said State for the ensuing fiscal year such funds as said State may be entitled to receive under the pro

visions of this act, and shall certify such apportionment or apportionments to the Secretary of the Treasury: Provided, That all the educational facilities encouraged by the provisions of this act and accepted by a State shall be organized, supervised, and administered exclusively by the legally constituted State and local educational authorities of said State, and the secretary of education shall exercise no authority in relation thereto; and this act shall not be construed to imply Federal control of education within the States, nor to impair the freedom of the States in the conduct and management of their respective school systems.

SEC. 14. That the secretary of education is authorized to prescribe plans for keeping accounts of the expenditures of such funds as may be apportioned to the States under the provisions of this act and to audit such accounts. If the secretary of education shall determine that the apportionment or apportionments made to a State for the current fiscal year are not being expended in accordance with the provisions of this act, he shall give notice in writing to the chief educational authority designated to represent said State, and to the governor of said State, in duplicate, stating specifically wherein said State fails to comply with the provisions of this act. If after being so notified a State fails to comply with the provisions of this act, the secretary of education shall report thereon to Congress not later than in his next annual report.

If any portion of the money received by the treasurer of a State, under the provisions of this act, for any of the purposes herein named shall, by action or contingency, be diminished or lost, the same shall be replaced by said State, and until so replaced no subsequent apportionment for such purpose shall be made to said State. If any part of the funds apportioned annually to any State for any of the purposes named in sections 7, 8, 9, 10, and 11 of this act has not been expended for such purpose, a sum equal to such unexpended part shall be deducted from the next succeeding annual apportionment made to said State for such purpose.

SEC. 15. That the Secretary of the Treasury is hereby authorized and directed to pay quarterly to the treasurer of each State such apportionment or apportionments as the Secretary of education shall certify that said State is entitled to receive under the provisions of this act.

SEC. 16. That the chief educational authority designated to represent a State receiving any of the apportionments made under the provisions of this act shall, not later than September 1 of each year, make a report to the Secretary of education showing the work done in said State in carrying out the provisions of this act during the next preceding fiscal year, and the receipts and expenditures of money apportioned to said State under the provisions of this act. If the chief educational authority designated to represent a State shall fail to report as herein provided, the secretary of education may discontinue all apportionments to said State until such report shall have been made.

SEC. 17. That there is hereby created a national council on education to consult and advise with the secretary of education on subjects relating to the promotion and development of education in the United States. The secretary of education shall be chairman of said council, which shall be constituted as follows: (a) The chief educational authority of each State designated to represent said State in the administration of this act; (b) not to exceed 25 educators representing the different interests in education, to be appointed annually by the secretary of education; (c) not to exceed 25 persons, not educators, interested in the results of education from the standpoint of the public, to be appointed annually by the secretary of education. Said council shall meet for conference once each year at the call of the secretary of education. The members shall serve without pay, but their actual expenses incurred in attending the conferences called by the secretary of education shall be paid by the department of education.

SEC. 18. That the secretary of education shall annually at the close of each fiscal year make a report in writing to Congress giving an account of all moneys received and disbursed by the department of education and describing the work done by the department. He shall also, not later than December 1 of each year, make a report to Congress on the administration of sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this act, and shall include in said report a summary of the reports made to him by the several States showing the administration of this act therein, and shall at the same time make such recommendations to Congress as will, in his judgment, improve public education in the United States. He shall also from time to time make such special investigations and reports as may be required of him by the President or by Congress.

SEC. 19. That this act shall take effect upon its passage, and all acts or parts of acts in conflict with this act are hereby repealed.

Miss WILLIAMS. May I ask if this analysis of the bill may also be printed in the record?

Senator STERLING. The analysis that you now present?

Miss WILLIAMS. Yes.

Senator STERLING. That may be printed in the record; yes. (The analysis referred to is as follows:)

ANALYSIS OF THE EDUCATION BILL (THE STERLING-REED BILL) BY SECTIONS.

1. Creates a department of education, with a secretary in the President's Cabinet, at a salary of $12,000.

2. Authorizes an assistant at a salary to be determined by Congress, and clerks and bureau chiefs as voted.

3. Transfers to the department the Bureau of Education, with equipment, personnel, etc. Leaves Congress to determine on transfer of other educational activities now in other departments or existing as separate boards.

4. Defines powers and duties of secretary.

5. Directs department to conduct research in special fields mentioned and wherever else required in judgment of secretary.

6. Authorizes appropriation up to $500,000 for administration.

7. Authorizes appropriation up to $7,500,000 for removal of illiteracy, to be distributed to States on basis of number of native-born illiterates, and administered by States in same manner as other State funds.

8. Authorizes appropriation up to $7,500,000 for Americanization, to be distributed to States on basis of number of foreign-born residents. To be used to teach immigrants to speak and read English, and to understand and appreciate the Government of the United States and the duties of citizenship. tered entirely by States according to their own laws.

Adminis

9. Authorizes appropriation up to $50,000,000 to level up opportunities in public elementary and secondary schools, especially rural schools. Distributed, one-half in proportion to children, one-half in proportion to teachers. Administered entirely by States. In order to qualify a State must (a) provide schools for at least 24 weeks in the year; (b) require attendance at some school, public or private, for at least 24 weeks in the year of all those between 7 and 14 years of age; and (c) require that all common branches be taught in English in all schools, public and private.

10. Authorizes appropriation up to $20,000,000 for physical education and instruction in the principles of health and sanitation. Apportioned on basis of population and administered entirely by States.

11. Authorizes appropriation up to $15,000,000 for training teachers, both prospective and in service. Apportioned on basis of number of teachers employed. Administered entirely by States.

12. To qualify for apportionments State must

(a) Accept this act by legislative enactment.

(b) Provide for distribution and administration of funds.

(c) Designate chief educational authority.

(d) Charge State treasurers with responsibility for funds.

A State may accept any one or more provisions of sections 7. 8, 9, 10, and 11, provided State or local authorities appropriate at least as much as the Federal allotment. In accepting 9, 10, and 11 they must not, for any fiscal year, appropriate less than they did the year preceding acceptance of the act.

No money appropriated by this act shall be used for the purchase, rental, erection, or repair of buildings or equipment, or for land or debts.

13. Allotment will be made each year on certificate of the governor and educational officer of a State that the statutes have been complied with. All educational facilities encouraged under this act shall be controlled exclusively by the State and local educational authorities, and the secretary of education shall exercise no authority in relation thereto.

If report

14. Secretary authorized to prescribe plans for keeping accounts. shows failure, in his judgment, to comply with the law, he notifies State educational officer and governor. If failure continues uncorrected, he so reports to Congress in his next annual report.

15. Authorizes Secretary of Treasury to make quarterly payments.

16. Requires annual report from State, failing which, payments may be discontinued.

17. Creates national advisory council.

18. Requires secretary of education to make annual report to Congress.

Miss WILLIAMS. Mr. Chairman and members of the committee, we knew of this hearing Thursday afternoon, and immediately began to summon from the four corners of the country the friends and proponents of the bill, and also notified what opposition we knew the bill had.

The presence this morning of this very large number of men and women is in itself the strongest evidence of the aggressive, vigorous, and enthusiastic support which this great piece of national legislation has aroused. These people have come all the way from Colorado to New York; many of them must return to-night, and some of them must get out of town this afternoon, and so, with your consent, 1 shall proceed at once to call upon the supporters of this measure.

The tentative program which I listed this morning was to take up the features of the bill in logical sequence, but because of the absence of some of the people who were to discuss some of the first features of the bill we shall have to postpone that until the afternoon or tomorrow morning's session. But we shall hear first those who must get out of town either by afternoon trains or night trains.

The first speaker we have listed here is well known to the Senate of the United States. He has appeared here in every other hearing in behalf of this piece of legislation. He comes from Columbia University, and is on the staff of Teachers College of that great institution. He is a former president of the National Education Association, during which time, I think I can safely say, he spoke to 100,000 teachers and traveled 50,000 miles in the interest of this legislation. Perhaps no witness to appear before this committee can give such a clear analysis of the situation as can Doctor Strayer.

STATEMENT OF DR. GEORGE D. STRAYER.

Doctor STRAYER. I am professor of education, Teachers College, Columbia University, New York City.

Miss WILLIAMS. And you are also chairman of the Legislative Commission of the National Education Association?

Doctor STRAYER. Yes.

Senator COPELAND. And you are also one of my constituents. Doctor STRAYER. I started to say, Mr. Chairman, that it is interesting to know how this measure was first developed. The president of the National Education Association, then Mrs. Bradford, State Superintendent of Schools in Colorado, who is here this morning and who will later speak to you, appointed a commission to consider the emergency in education. It was significant that she and her executive committee, with the leaders in that great national organization, felt that there was an emergency. To the commission that was constituted were appointed State superintendents of schools, city superintendents of schools, presidents of universities, colleges, and normal schools, and representatives of the professional schools, which we now call in the United States the schools of education.