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All 67 Stat. 534. Sec. 5. Subsection (d) of section 4 of such Act is amended to read 64 Stat, 1106. as follows:

20 USC 239.

ADJUSTMENT FOR CERTAIN DECREASES IN FEDERAL ACTIVITIES "(d) Whenever the Commissioner determines that

“(1) a local educational agency has made preparations to provide during a fiscal year free public education for a certain number of children to whom subsection (a) applies;

Ante, p. 532. “(2) such preparations were in his judgment reasonable in the light of the information available to such agency at the time such preparations were made; and

"(3) such number has been substantially reduced by reason of a decrease in or cessation of Federal activities or by reason of

a failure of any of such activities to occur, the amount to which such agency is otherwise entitled under this section for such year shall be increased to the amount to which, in the judgment of the Commissioner, such agency would have been entitled but for such decrease in or cessation of Federal activities or the failure of such activities to occur, minus any reduction in current expenditures for such year which the Commissioner determines that such agency has effected, or reasonably should have effected, by reason of such decrease in or cessation of Federal activities or the failure of such activities to occur.”

Sec. 6. Subsection (b) of section 5 of such Act is amended to read 64 Stat. 1107. as follows:

20 USC 240.

“PAYMENT

"(b) The Commissioner shall, subject to the provisions of subsection (c), from time to time pay to each local educational agency, in Infra. advance or otherwise, the amount which he estimates such agency is entitled to receive under this Act. Such estimates shall take into account the extent (if any) to which any previous estimate of the amount to be paid such agency under this Act (whether or not in the same fiscal year) was greater or less than the amount which should have been paid to it. 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."

Sec. 7. Subsection (c) of section 5 of such Act is amended to read 20 USC 240. as follows:

“ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS

"(c) If the funds appropriated for a fiscal year for making the payments provided in this Act are not sufficient to pay in full the total amounts which the Commissioner estimates all local educational agencies will be entitled to receive under this Act for such year, the Commissioner shall, subject to any limitation contained in the Act appropriating such funds, allocate such funds, other than so much thereof as he estimates to be required for section 6, among sections 2, 3, and Post, p. 5353 4 (a) in the proportion that the amount he estimates to be required ante, p. 530, under each such section bears to the total estimated to be required 532. under all such sections. The amount thus allocated to any such section shall be available for payment of a percentage of the amount to which each local educational agency is entitled under such section (including, in the case of section 3, any increases under subsection (c) (2) thereof), such percentage to be equal to the percentage which the amount thus allocated to such section is of the amount to which all such agencies are entitled under such section. In case the amount

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All 67 Stat. 535.

so allocated to a section for a fiscal year exceeds the total to which all local educational agencies are entitled under such section for such year or in case additional funds become available for carrying out such sections, the excess, or such additional funds, as the case may be, shall be allocated by the Commissioner, among the sections for which the previous allocations are inadequate, on the same basis as is pro

vided above for the initial allocation." 64 Stat. 1107. Sec. 8. (a) Section 6 of such Act is amended by inserting "(a)" 20 USC 241.

after “Sec. 6.". Eduoational (b) Such section is further amended by striking out the second standard.

sentence and inserting the following in lieu thereof: "To the maximum extent practicable, the local educational agency, or the head of the Federal department or agency, with which any arrangement is made under this section shall take such action as may be necessary to ensure that the education provided pursuant to such arrangement is comparable to free public education provided for children in comparable communities in the State, or, in the case of education provided under this section outside the continental United States, Alaska, and Hawaii, comparable to free public education provided for children in the District of Columbia. For the purpose of providing such comparable education, personnel may be employed without regard to the civilservice or classification laws."

(c) Such section is further amended by adding at the end thereof

the following new subsections: Employees' "(b) In any case in which the Commissioner makes such arrange. ohildren in

ments for the provision of free public education in facilities situated adjacent

on Federal property, he may also make arrangements for providing free public education in such facilities for children residing in any area adjacent to such property with a parent who, during some portion of the fiscal year in which such education is provided, was employed on such property, but only if the Commissioner determines after consultation with the appropriate State educational agency (1) that the provision of such education is appropriate to carry out the purposes of this Act, (2) that no local educational agency is able to provide suitable free public education for such children, and (3) in any case where in the judgment of the Commissioner the need for the provision of such education will not be temporary in duration, that the local educational agency of the school district in which such children reside, or the State educational agency, or both, will make reasonable tuition payments to the Commissioner for the education of such children. Such payments may be made either directly or through deductions from amounts to which the local educational agency is entitled under this Act, or both, as may be agreed upon between such agency and the Commissioner. Any amounts paid to the Commissioner by a State or local educational agency pursuant to this section shall be covered

into the Treasury as miscellaneous receipts. Puerto Rico, "(c) In any case in which the Commissioner makes arrangements Wake Island, under this section for the provision of free public education in faciliVirgin Islands. ties situated on Federal property in Puerto Rico, Wake Island, or the

Virgin Islands, he may also make arrangements for providing free public education in such facilities for children residing with a parent employed by the United States, but only if the Commissioner determines after consultation with the appropriate State educational agency (1) that the provision of such education is appropriate to carry out the purposes of this Act, and (2) that no local educational agency is able

to provide suitable free public education for such children. Arrangements. *(d) The Commissioner may make an arrangement under this sec

tion only with a local educational agency or with the head of a Federal department or agency administering Federal property on which chilAll 67 Stato 536. dren reside who are to be provided education pursuant to such arrangement. Arrangements may be made under this section only for the provision of education in facilities of a local educational agency or in facilities situated on Federal property.

"(e) To the maximum extent practicable, the Commissioner shall Limit on limit the total payments made pursuant to any such arrangement for payments, educating children within the continental United States, Alaska, or Hawaii, to an amount per pupil which will not exceed the per pupil cost of free public education provided for children in comparable communities in the State. The Commissioner shall limit the total payments made pursuant to any such arrangement for educating children outside the continental United States, Alaska, or Hawaii, to an amount per pupil which will not exceed the amount he determines to be necessary to provide education comparable to the free public education provided for children in the District of Columbia.

"(f) In the administration of this section, the Commissioner shall Control, ronot exercise any direction, supervision, or control over the personnel,

striotion, curriculum, or program of instruction of any school or school system.

Sec. 9. (a) Effective as of July 1, 1953, subsection (a) of section 8 64 Stat. 1108. of such Act is amended by adding the following new sentence at the end 20 USC 243. thereof: “The Commissioner is authorized to delegate to any officer or Delegation of employee of the Office of Education any of his functions under this Act fumotions. except the making of regulations.”

(b) Effective as of July 1, 1953, subsection (d) of section 8 of such Act is amended to read as follows:

“(d) No appropriation to any department or agency of the United Availability of States, other than an appropriation to carry out this Act, shall be avail- appropriations. able during the period beginning July 1, 1953, and ending June 30, 1956, for the employment of teaching personnel for the provision of free public education for children in any State or for payments to any local educational agency (directly or through the State educational agency) for free public education for children, except that nothing in the foregoing provisions of this subsection shall affect the availability of appropriations for the maintenance and operation of school facilities (1) on Federal property under the control of the Atomic Energy Commission or (2) by the Bureau of Indian Affairs."

Sec. 10. (a) The second sentence of section 9 (1) of such Act is 64 Stat. 1108. amended to read as follows: "Such term includes real property which 20 USC 244. is owned by the United States and leased therefrom 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 9 (1) is amended by striking out “Such” and inserting in lieu thereof "Notwithstanding the foregoing provisions of this paragraph, such".

(b) Section 9 (8) of such Act is amended by inserting "Wake Wake Is land, Island,” after “Puerto Rico,". Sec.

' 11. Such Act is amended by adding at the end thereof the following new section:

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"ELECTION TO RECEIVE CERTAIN PAYMENTS WITH RESPECT TO THE

EDUCATION OF INDIAN CHILDREN

“Sec. 10. (a) The Governor of any State may elect to have the provisions of this section apply with respect to such State for the fiscal year ending June 30, 1955, or the succeeding fiscal year. Notice of such an election shall be led with the Secretary of the Interior and with the Commissioner of Education (1) before January 1, 1954, in the case of an election for the fiscal year ending June 30, 1955, and

All 67 Stat. 537.

(2) before January 1, 1955, in the case of an election for the fiscal year ending June 30, 1956.

“(b) Whenever the Governor of a State has made such an election and has so filed notice thereof, then with respect to such State for the fiscal year for which such election was made

“(1) an Indian child who does not meet the requirements of Ante, p. 530, clause (1) of section 3 (a) shall be deemed to meet such require

ments if neither of his parents was regularly employed on non

Federal property; and 64 Stat. 1108. “(2) notwithstanding the second sentence of section 9 (2), the 20 USC 244,

term “child' as used in this Act (other than section 6) shall be

deemed to include an Indian child. "(c) As used in this section, the term 'Indian child' means any child of one-fourth or more degree of Indian blood who is recognized as

such under the laws of the United States relating to Indian affairs." Er footive dates. Sec. 12. (a) Except where a different effective date is specified,

the amendments made by the preceding sections of this Act shall become effective July 1, 1954. In the case of any local educational

agency which is entitled to payments for the fiscal year ending June 64 Stat. 1104. 30, 1954, under section 4 (a) of the Act of September 30, 1950, as in 20 USC 239,

effect prior to the enactment of this Act, with respect to an increase in average daily attendance occurring in such fiscal year, such agency shall be entitled to payments for the fiscal year ending June 30, 1958, in accordance with the provisions following clause (B) of such section as amended by this Act; and for such purpose the amount to which such agency is so entitled for the fiscal year ending June 30, 1964, shall be deemed to be the product referred to in such section as amended by this Act.

(b) The amendments made by the following provisions of this Act shall become effective as of July i, 1953:

(1) Subsections (b) and (c) of the first section;

(2) Subsections (b) (1) and (c) of section 2, and the second sentence of subsection (d) of such section 2;

(3) Section 8; and

(4) Subsection (a) of section 10. Approved August 8, 1953.

Chapter 324 - 2d Session

H. R. 6655

AN ACT

All 68 Stat, 265. To amend the charter of the Columbia Institution for the Deaf, change its name,

define its corporate powers, and provide for its organization and administration, and for orber purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Columbia Sallaudat, Institution for the Deaf, created a body corporate by the Act of Con- College, D., C.

11 Stat. 161. gress approved February 16, 1857, as amended, is hereby continued as

D. C. Codo a body corporate under the name of Gallaudet College, and hereafter ji on. 10. by such name shall be known and have perpetual succession and shall have the powers and be subject to the limitations contained in this Act.

Sec. 2. The purposes of Gallaudet College shall be to provide educa- Purposes. tion and training to deaf persons and otherwise to further the education of the deaf. Sec. 3. (a) Gallaudet College is hereby invested with all the prop

Property erty and the rights of property, and shall have and be entitled to use

rights, oto. all authority, privileges, and possessions and all legal rights which it has, or which it had or exercised under any former name, including the right to sue and be sued and to own, acquire, sell, mortgage, or otherwise dispose of property it may own now or hereafter acquire. Gallaudet College shall also be subject to all liabilities and obligations now outstanding against said corporation under any former name.

(b) With the approval of the Secretary of Health, Education, and Welfare the Board of Directors of Gallaudet College may convey fee simple title by deed, convey by quitclaim deed, mortgage, or otherwise dispose of any or all property title to which is vested in the United States, as trustee, for the sole use of Gallaudet College, the Columbia Institution for the Deaf, or any predecessor corporation: Provident, That the proceeds of any such disposition shall be considered a part of the capital structure of the corporation, and may be used solely for the acquisition of real estate for the use of the corporation, for the construction, equipment, or improvement of buildings for such use, or for investment purposes, but if invested only the income from the investment may be used for current expenses of the corporation.

Sec. 4. Gallaudet College is authorized to receive by gift, devise, cirta, oto. bequest, purchase, or otherwise, property, both real and personal, for the use of said Gallaudet College, or for the use of any of its departments or other units as may be designated in the conveyance or will, and to hold, invest, use, or dispose of such property for such purpose. Sec. 8. Gallaudet College shall be under the direction and control Board of

Dinotom, of a Board of Directors, composed of thirteen members selected as follows: (1) Three public members of whom: one shall be a United Members, States Senator appointed by the President of the Senate; two shall be Representatives appointed by the Speaker of the House of Representatives; (2) ten other members, all of whom shall be elected by the Board of Directors, who on the effective date of this Act shall include those persons serving as nonpublic members of the Board of Directors of the Columbia Institution for the Deaf immediately prior to such date, and of whom one shall be elected pursuant to regulations of the Board of Directors on nomination by the Gallaudet College Alumni Association for a term of three years. The members appointed from the Senate and House of Representatives shall be appointed for a term of two years at the beginning of each Congress, shall be eligible for reappointment, and shall serve until their successors are appointed. The Board of Directors shall have the power to fill any vacancy in the membership of the Board except for public members. Seven directors Quorum. shall be a quorum to transact business. The said Board of Directors,

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