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COMMITTEE ON GOVERNMENT OPERATIONS

WILLIAM L. DAWSON, Illinois, Chairman

CHET HOLIFIELD, California
JACK BROOKS, Texas

L. H. FOUNTAIN, North Carolina
PORTER HARDY, JR., Virginia
JOHN A. BLATNIK, Minnesota
ROBERT E. JONES, Alabama
EDWARD A. GARMATZ, Maryland
JOHN E. MOSS, California
DANTE B. FASCELL, Florida
HENRY S. REUSS, Wisconsin
JOHN S. MONAGAN, Connecticut
TORBERT H. MACDONALD, Massachusetts
J. EDWARD ROUSH, Indiana
WILLIAM S. MOORHEAD, Pennsylvania
CORNELIUS E. GALLAGHER, New Jersey
WILLIAM J. RANDALL, Missouri
BENJAMIN S. ROSENTHAL, New York

1 JIM WRIGHT, Texas

FERNAND J. ST GERMAIN, Rhode Island

FLORENCE P. DWYER, New Jersey
OGDEN R. REID, New York
FRANK HORTON, New York
DONALD RUMSFELD, Illinois
JOHN N. ERLENBORN, Illinois
JOHN W. WYDLER, New York
ROBERT DOLE, Kansas
CLARENCE J. BROWN, JR., Ohio
JACK EDWARDS, Alabama
GUY VANDER JAGT, Michigan
JOHN T. MYERS, Indiana
FLETCHER THOMPSON, Georgia
WILLIAM O. COWGER, Kentucky
MARGARET M. HECKLER, Massachusetts
GILBERT GUDE, Maryland

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68, 109

Bright, Dr. R. Louis, Associate Commissioner for Research, Office of
Education, Department of Health, Education, and Welfare_ _ _
Estes, Dr. Nolan, Assistant Commissioner for Elementary and Second-
ary Education, Department of Health, Education, and Welfare;
accompanied by Albert L. Alford, Assistant Commissioner for
Legislation; Norman E. Hearn, Acting Assistant Director, Division
of Plans and Supplementary Centers; and Frederick H. Hundemer,
Chief, Elementary and Secondary Section, Contracts Branch 12, 80, 109

Howe, Harold, II, Commissioner of Education, Office of Education,

Department of Health, Education, and Welfare--

Warner, O. Ray, Division of Plans and Supplementary Centers,

Bureau of Elementary and Secondary Education, Office of Educa-

tion, Department of Health, Education, and Welfare...

Wickline, Lee, Chief, Innovative Centers Branch, Office of Education,

Department of Health, Education, and Welfare..

Letters, statements, etc., submitted for the record-

Bright, Dr. R. Louis, Associate Commissioner for Research, Office of

Education, Department of Health, Education, and Welfare:

Application of Federal conflict-of-interest statutes and regulations

to employees of Research and Development Centers, statement.

Bureau of Research obligations by program, fiscal year 1967...

Estes, Dr. Nolan, Assistant Commissioner for Elementary and Second-

ary Education, Department of Health, Education, and Welfare:

Biographical data concerning Office of Education witnesses_

Circumstances of approval of mini-grant proposals by Charles

Kettering II, statement.

Information concerning the Kettering Foundation_

124

Article from the Washington Post, June 18, 1967, entitled “A
Knock in the Teaching Machine," by Gerald Grant__
Letter from Contracts Branch, Office of Education, to title III
grantees concerning attendance at Hawaiian seminars.
Summary of changes in proposal for grant to Shawano, Wis.,
school district__.

Text of title 18, section 208, United States Code.

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Letters, statements, etc.-Continued

Howe, Harold, II, Commissioner of Education, Office of Education,
Department of Health, Education, and Welfare:

Admission policies of Kamehameha schools, statement_
Application of Federal conflict-of-interest statutes and regulations
to employees of educational laboratories, statement--
Consideration given conflict-of-interest questions relating to
Shawano, Wis., grant proposal, statement-

Office of Education involvement with the Kettering Foundation,
statement.......

Office of Education position on hiring of project applicants as
project directors__.

Ownership of Westinghouse stock, statement..
Hundemer, Frederick H., Chief, Elementary and Secondary Section,
Contracts Branch, Office of Education, Department of Health,
Education, and Welfare: Statement re basis for conclusion that
Executive Order 11246 did not prohibit subcontract with
Kamehameha Schools..

Naughton, James R., counsel, Intergovernmental Relations Sub-
committee:

Excerpt from minutes of Advisory Committee on Supplementary
Educational Centers and Services__.

Page

168

125

142

144

153

140

167

93

Letter from A. A. Gruber, superintendent, Joint School District
No. 8, Shawano, Wis., to Dr. R. Louis Bright, dated November
19, 1965-

123

APPENDIXES

Appendix 1.-Correspondence between Intergovernmental Relations
Subcommittee and Office of Education concerning Hawaiian seminars__
Appendix 2.-Miscellaneous letters, memorandums, and releases relating
to Hawaiian seminars..

171

178

Appendix 3.-Expenses and honorariums, directors and speakers, Hawaiian seminars...

187

Appendix 4.-Proposed agreement between Office of Education and
Kettering Foundation for Hawaiian seminars.

188

Appendix 5.-Correspondence between R. Louis Bright and Alanson W.
Willcox, General Counsel, Department of Health, Education, and
Welfare, concerning conflict-of-interest questions___
Appendix 6.-Reviews of Shawano, Wis., grant proposal

192

193

Appendix 7.-HEW memorandum concerning Westinghouse attempts to obtain patent rights..

210

Appendix 8.-HEW press release announcing appointment of R. Louis
Bright as Associate Commissioner of Education_

212

Appendix 9.-Former employees of the Office of Education now associated with organizations receiving OE grants or contracts_

213

Appendix 10.-Conflict-of-interest questions which have come to the attention of the Office of Education.

215

Appendix 11.-March 19, 1967, letter from Gary Orfield to Commissioner
Howe..

216

Appendix 12.-April 18, 1967, letter from the National Congress of
American Indians to Commissioner Howe...

217

Appendix 13.-Correspondence concerning appointment of Charles F.
Kettering II to the Advisory Committee on Supplementary Educa-
tional Centers and Services.

Appendix 14.-Report by the General Accounting Office relating to
"mini-grant" projects solicited by the Kettering Foundation..
Appendix 15.-Correspondence between Dr. Bright and Commissioner
Howe relating to participation by Dr. Bright in consideration of Shawano,
Wis., grant proposal___.

Appendix 16.-Correspondence between Commissioner Howe and Ray
Page, Illinois Superintendent of Public Instruction, concerning duplica-
tion in grant programs...

218

221

226

228

OPERATIONS OF THE OFFICE OF EDUCATION

THURSDAY, JUNE 29, 1967

HOUSE OF REPRESENTATIVES,

INTERGOVERNMENTAL RELATIONS SUBCOMMITTEE

OF THE COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, D.C. The subcommittee met at 10:10 a.m. in room B-374, Rayburn House Office Building, the Honorable L. H. Fountain (chairman of the subcommittee) presiding.

Present: Representatives Florence P. Dwyer and Robert Dole.

Staff members present: James Naughton, subcommittee counsel; Thomas Smith, minority staff; and Delphis Goldberg, professional

staff member.

Mr. FOUNTAIN. Let the committee come to order and the record show that a quorum is present.

Under the rules of the House of Representatives, the Committee on Government Operations has responsibility for studying the operation of Government activities at all levels with respect to economy and efficiency. That responsibility, insofar as it relates to the Department of Health, Education, and Welfare, and certain other departments and agencies, has been delegated by the committee to its Intergovernmental Relations Subcommittee.

During the past few years, funds expended for activities administered by the U.S. Office of Education have increased tremendously.

The increased amounts being spent by the Office of Education consist, to a considerable degree, of funds made available for grants to State and local educational agencies, to educational institutions, and— in some cases to other organizations.

Our hearing today is for the purpose of examining the manner in which the Office of Education is administering these grant programs, with particular emphasis on grants made to support supplementary educational centers and services under title III of the Elementary and Secondary Education Act of 1965.

Today's hearing will be particularly concerned with the use of title III funds for the purpose of cosponsoring a series of seminars in Hawaii next month and with possible conflict of interest questions arising in connection with title III grant funds.

I might mention that we had originally planned to take some testimony today concerning a conflict of interest question involving a grant application under which a substantial amount of money would go to Westinghouse under a subcontract with a school district in Wisconsin. However, the Commissioner of Education has assured me that no action to approve this application will be taken before August 1 at the earliest. Consequently, it is expected that we will

take that matter up at another hearing after the congressional recess instead of discussing it today.

Before we begin asking questions, I think it might be helpful if each of our witnesses would identify himself for the record and give a very brief statement of any responsibilities he may have for administering grant programs authorized under title III of the Elementary and Secondary Education Act of 1965.

We have with us as the lead witness today Dr. Nolan Estes, Associate Commissioner for Elementary and Secondary Education, and along with him is Norman E. Hearn, Acting Assistant Director, Division of Plans and Supplementary Centers, Frederick H. Hundemer, Chief, Elementary and Secondary Section, Contracts Branch, and Albert L. Alford, Assistant Commissioner for Legislation.

Dr. ESTES. Thank you, Mr. Chairman, and members of the subcommittee. We are delighted to be here today.

Let me just briefly introduce these gentlemen and tell what their responsibilities are before we go into our formal responsibilities. To my left, we have Albert L. Alford, who is the Assistant Commissioner for Legislation for the Office of Education. He is a staff officer and assists us in a number of activities with regard to legislation.

To my right, we have Mr. Norman Hearn, who is the Acting Assistant Director, Division of Plans and Supplementary Centers. He is responsible for assisting in the administration of title III of the Elementary and Secondary Education Act as well as title III and title V-A of the NDEA and of the Arts and Humanities Act. Frederick H. Hundemer is to my left and is the Chief of the Contract Section in the Contract Office which is in the Commissioner's Office. He is responsible for the negotiations of all the contracts in our bureau and particularly as relates to this hearing, the contracts relating to title III of the Elementary and Secondary Education Act.

Mr. FOUNTAIN. Thank you, Doctor. You might submit for our record further details concerning their qualifications, educational background and experience so people who will read it will know the training and experience of these men.

(The information was supplied as follows:)

BIOGRAPHICAL SKETCH OF DR. NOLAN ESTES, ASSOCIATE COMMISSIONER, BUREAU OF ELEMENTARY AND SECONDARY EDUCATION

Dr. Nolan Estes, Associate Commissioner of the Bureau of Elementary and Secondary Education since January 1967, first came to the U.S. Office of Education in 1965 as a Ford fellow Washington intern in education. In April 1966, he became Director of the Division of Plans and Supplementary Centers which administers five Federal assistance programs including the innovative PACE program under title III of the Elementary and Secondary Education Act. Six months later, he was appointed Deputy Associate Commissioner of the Bureau of Elementary and Secondary Education and held this position until January.

A native of Texas, Dr. Estes was born on June 22, 1930. He was graduated from the University of Corpus Christi with a bachelor of science degree shortly before his 20th birthday, and received his master of education from the University of Texas in 1954. He did graduate work at Baylor University in 1956 and earned the doctor of education degree from Harvard in 1959. He has since done postdoctoral work at Columbia University Teachers College in New York City. The Washington internship followed 3 years in which Dr. Estes was superintendent of schools in Riverview Gardens, Mo. Formerly, from 1959 to 1962, he had been assistant superintendent for instruction in Chattanooga, Tenn. He also

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