All 67 Stat. 527.

Appropriations.

20 USC 275.

Payments.

III of this Act, and that the total number of such children represents a substantial percentage of the total number of children for whom such agency provides free public education;

"(2) the immunity of such Federal property to taxation by such agency has created a substantial and continuing impairment of its ability to finance needed school facilities;

"(3) such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance available for the purpose; and

"(4) such agency does not have sufficient funds available to it from other Federal, State, and local sources to provide the minimum school facilities required for free public education in its school district,

he may provide the additional assistance necessary to enable such agency to provide such facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest; but such additional assistance may not exceed the portion of the cost of such facilities which the Commissioner estimates is attributable to children who reside on Federal property, and which has not been, and is not to be, recovered by the local educational agency from other sources, including payments by the United States under any other provisions of this Act or any other law.

"(b) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1954, and the succeeding fiscal year such sums, not to exceed $20,000,000 in the aggregate, as may be necessary to carry out the provisions of this section. There are also authorized to be appropriated such sums as may be necessary for administration of such provisions. Amounts so appropriated, other than amounts appropriated for administration, shall remain available until expended, except that after June 30, 1955, no agreement may be made to extend assistance under this section.

"(c) No payment may be made to any local educational agency under subsection (a) except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him, and which meets the requirements of section 205 (b) (1). In determining the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications and the nature and extent of the Federal responsibility. No payment may be made under subsection (a) unless the Commissioner finds, after consultation with the State and local educational agencies, that the project or projects with respect to which it is made are not inconsistent with over-all State plans for the construction of school facilities. All determinations made by the Commissioner under this section shall be made only after consultation with the appropriate State educational agency and the local educational agency.

"(d) Amounts paid by the Commissioner to local educational agencies under subsection (a) may be paid in advance of, or by way of reimbursement for, work performed or purchases made pursuant to the agreement with the Commissioner under this title, and may be paid in such installments as the Commissioner may determine. All such payments shall be made through the disbursing facilities of the Department of the Treasury and prior to audit or settlement by the General Accounting Office. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States."

All 67 Stat. 528.

SEC. 2. (a) Section 205 (b) (1) (F) of such Act is amended by 20 USC 275. striking out "title" and inserting "Act" in lieu thereof.

(b) Section 207 (b) of such Act is amended by inserting "or title 20 USC 277. III" after "this title" and inserting "or under section 311" after "this

section".

(c) Section 209 (a) of such Act is amended by striking out "title" 20 USC 279. and inserting "Act" in lieu thereof.

(d) Section 209 (b) of such Act is amended by striking out "title" and inserting "Act" in lieu thereof.

(e) Section 209 (c) of such Act is amended by inserting after the first sentence the following new sentence: "There are hereby authorized to be appropriated for the fiscal year ending June 30, 1954, such sums as may be necessary to carry out the provisions of this title other than sections 203 and 204; but such sums (exclusive of any sums appropriated for administration) shall not exceed $55,000,000 in the aggregate. Sums appropriated pursuant to the preceding sentence shall be available for paying unpaid entitlements, but no local educational agency shall be paid from such sums an amount which exceeds 70 per centum of its unpaid entitlement. For the purposes of the preceding sentence, the term 'unpaid entitlement' means the amount which the Commissioner would be authorized to pay to a local educational agency from funds appropriated before July 1, 1953, to carry out this title, if such funds were sufficient to make such payment, but which cannot be paid from such funds; except that such amount shall not include any amount to reimburse such agency for any expenditure for construction of school facilities under a contract entered into before September 30, 1950."

(f) Section 209 (e) of such Act is amended by striking out "title" each time it appears in such section and inserting "Act" in lieu thereof, by striking out “June 30, 1953" and inserting "June 30, 1955" in lieu thereof, and by inserting "authorized, prior to the date of enactment of this Act, for the construction of school facilities to be attended by Indian children or appropriations" immediately before clause (1)

thereof.

(g) The second sentence of section 210 (1) of such Act is amended 20 USC 280. to read as follows: "Such term includes real property which is owned by the United States and leased there from and the improvements thereon, even though the lessee's interest, or any improvement on such property, is subject to taxation by a State or a political subdivision of a State or by the District of Columbia." The last sentence of such section 210 (1) is amended by striking out "Such" and inserting in lieu thereof "Notwithstanding the foregoing provisions of this paragraph, such".

(h) Section 210 (5) of such Act is amended to read as follows:

“(5) Average daily attendance at, and the membership and average Determination daily membership of, school shall be determined in accordance with of school memState law or, in the absence of State law governing such a determi- bership, eto. nation, in accordance with regulations of the Commissioner; except that, notwithstanding any other provision of this title, title III, or title IV, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this title the attendance of such child, and for purposes of titles III and IV the membership of such child, shall be held and considered

"(A) if the two local educational agencies concerned so agree, and if such agreement is approved by the Commissioner, as attendance at (or membership of) a school of the local educational agency receiving such tuition payment;

All 67 Stat. 529.

Construction oosts.

Minimum

facilities.

20 USC 255.

Effective date.

"(B) in the absence of any such approved agreement, as attendance at (or membership of) a school of the local educational agency so making or contracting to make such tuition payment.

In any determination of average daily attendance at or membership of schools, children who are not provided free public education (as defined in paragraph (4)) shall not be counted."

(i) Section 210 (7) of such Act is amended by inserting "or minimum" after "complete" in the first sentence thereof and by adding at the end thereof the following new sentence: "The cost of constructing minimum school facilities in the school district of a local educational agency shall be determined by the Commissioner, after consultation with the State and local educational agencies, on the basis of such information as may be contained in the application of such local educational agency and such other information as he may obtain."

(j). The last sentence of section 210 (10) of such Act is amended to read: "Except as used in sections 203, 204, 309, and 310, such term does not include interests in land and off-site improvements."

(k) Section 210 (11) of such Act is amended by inserting at the end thereof the following new sentence: "Whether or not school facilities are minimum school facilities shall be determined by the Commissioner, after consultation with the State and local educational agencies, in accordance with regulations prescribed by him."

(1) The second sentence of section 210 (12) of such Act is amended by inserting before the period at the end thereof "or which has responsibility for the provision of such facilities".

(m) Section 105 (a) of such Act is amended by striking out “title” and inserting "Act" in lieu thereof.

SEC. 3. The amendments made by the preceding sections of this Act shall become effective July 1, 1953.

Approved August 8, 1953.

1st Session

To amend Public Law 874 of the Eighty-first Congress so as to make improvements in its provisions and extend its duration for a two-year period, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first Educational sentence of section 2 (a) of the Act of September 30, 1950 (Public Law agencies af874, Eighty-first Congress), is amended by striking out "three succeed- footed by Feding fiscal years" and inserting in lieu thereof "five succeeding fiscal eral activities. years".

(b) Such section 2 (a) is further amended by inserting "with respect to the property so acquired" after the phrase "other Federal payments" wherever such phrase appears therein.

(c) Section 2 (b) (1) of such Act is amended by inserting after "Act" the following: ", and property taxes paid with respect to Federal property, whether or not such taxes are paid by the United States",

64 Stat. 1101. 20 USC 237.

SEC. 2 (a) (1) Subsections (a) and (b) of section 3 of such Act are 20 USC 238. amended to read as follows:

"CHILDREN RESIDING ON, OR WHOSE PARENTS ARE EMPLOYED ON, FEDERAL PROPERTY

"CHILDREN OF PERSONS WHO RESIDE AND WORK ON FEDERAL PROPERTY

"SEC. 3. (a) For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year ending prior to July 1, 1956, the Commissioner shall determine the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during the preceding fiscal year, and who, while in attendance at such schools, resided on Federal property and (1) did so with a parent employed on Federal property situated in whole or in part in the same State as the school district of such agency or situated within reasonable commuting distance from the school district of such agency, or (2) had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 63 Stat. 804. 1949).

"CHILDREN OF PERSONS WHO RESIDE OR WORK ON FEDERAL PROPERTY

"(b) For such purpose, the Commissioner shall also determine the number of children who were in average daily attendance at the schools of a local educational agency, and for whom such agency provided free public education, during the preceding fiscal year (other than those specified in subsection (a) hereof) and who, while in attendance at such schools, either resided on Federal property, or resided with a parent employed on Federal property situated in whole or in part in the same State as such agency or situated within reasonable commuting distance from the school district of such agency."

(2) Such section is further amended by striking out subsections (d), (e), and (f), by redesignating subsections (c) and (g) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection:

37 USC 231.

All 67 Stat. 536.

"COMPUTATION OF AMOUNT OF ENTITLEMENT

"(c) (1) The amount to which a local educational agency is entitled under this section for any fiscal year ending prior to July 1, 1956, shall be an amount equal to (A) the local contribution rate (determined under subsection (d)) multiplied by (B) the sum of the number of children determined under subsection (a) and one-half of the number determined under subsection (b), minus 3 per centum of the difference between such sum and the total number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during the preceding fiscal year; except that no local educational agency shall be entitled to any payment under this section for any fiscal year unless the sum of the number of children determined under subsection (a) and one-half of the number of children determined under subsection (b) is ten or more. Notwithstanding the foregoing provisions of this paragraph, whenever and to the extent that, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this Act, the Commissioner may waive or reduce the 3 per centum deduction, or the requirement of ten or more children, contained in this paragraph, or both. "(2) If

"(A) the amount computed under paragraph (1) for a local educational agency for any fiscal year ending prior to July 1, 1956, together with the funds available to such agency from State, local, and other Federal sources (including funds available under section 4 of this Act) is, in the judgment of the Commissioner, less than the amount necessary to enable such agency to provide a level of education equivalent to that maintained in the school districts of the State which, in the judgment of the Commissioner, are generally comparable to the school district of such agency;

"(B) such agency is, in the judgment of the Commissioner, making a reasonable tax effort and exercising due diligence in availing itself of State and other financial assistance;

"(C) not less than 50 per centum of the total number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during the preceding fiscal year resided on Federal property; and

"(D) effective for the fiscal year beginning July 1, 1955, the eligibility of such agency under State law for State aid with respect to the free public education of children residing on Federal property, and the amount of such aid, is determined on a basis no less favorable to such agency than the basis used in determining the eligibility of local educational agencies for State aid, and the amount thereof, with respect to the free public education of other children in the State,

the Commissioner may increase the amount computed under paragraph (1) to the extent necessary to enable such agency to provide a level of education equivalent to that maintained in such comparable school districts; except that this paragraph shall in no case operate to increase the amount computed for any fiscal year under paragraph (1) for a local educational agency above the amount determined by the Commissioner to be the cost per pupil of providing a level of education equivalent to that maintained in such comparable school districts, multiplied by the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during the preceding year and who resided on Federal property during such preceding year, minus the amount of State aid which the Commissioner determines to be avail