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20 USC 311.

Effective date.

20 USC 291 et seg.

20 USC 300, 311.

71 Stat. 594.

"(b) In the case of an application filed after June 30, 1957, and before July 1, 1958, (1) the term 'increase period' means the period consisting of the regular school years 1956-1957 and 1957-1958 or the regular school years 1957-1958 and 1958-1959, as may be designated in the application, and (2) the term 'base year' means (A) the regular school year 1955-1956 if the increase period includes the regular school year 1956-1957, or (B) the regular school year 19561957 if the increase period includes the regular school year 1958–1959; and

"(c) In the case of an application filed after June 30, 1958, (1) the tern base year' means the regular school year 1956-1957, and (2) the term 'increase period' means the period consisting of the regular school years 1957-1958 and 1958-1959."

SEC. 8. Section 401 (b) of such Act is amended (1) by striking out "four succeeding fiscal years" and inserting in lieu thereof "five succeeding fiscal years", and (2) by striking out "1958" and inserting in lieu thereof "1959".

SEC. 9. (a) The amendments made by this Act shall become effective July 1, 1957.

(b) Funds appropriated after June 24, 1957, but prior to the enactment of this Act, which are available for payments under title III of the Act of September 23, 1950, as amended, together with funds appropriated on or before June 24, 1957, which are available for payments under such title III and are in excess of the amount required for payments for projects for which applications have been filed on or before June 24, 1957, pursuant to such title III, shall also be available for payments for projects for which applications are filed after June 30, 1957, with respect to the increase period (as defined in such title III) consisting of the regular school years 19571958 and 1958-1959. Funds appropriated prior to enactment of this Act which are available for purposes of section 310 or title IV of such Act shall also be available for purposes of such section and title, respectively, as herein amended.

Approved September 2, 1957.

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To amend the Act entitled "An Act to provide books for the adult blind”.

tion.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of Books for the Act entitled "An Act to provide books for the adult blind", the blind. approved March 3, 1931, as amended, is amended to read as follows: 46 Stat. 1487. "That there is authorized to be appropriated annually to the Library 2 USC 135a. of Congress, in addition to appropriations otherwise made to said AppropriaLibrary, such sums for expenditure under the direction of the Librarian of Congress as may be necessary to provide books published either in raised characters, on sound-reproduction recordings, or in any other form, and for the purchase, maintenance, and replacement of reproducers for such sound-reproduction recordings, for the use of the blind residents of the United States, including the several States, Territories, insular possessions, and the District of Columbia, all of which books, recordings, and reproducers will remain the property of the Library of Congress but will be loaned to blind readers under regulations prescribed by the Librarian of Congress for this service. In the purchase of books in either raised characters or in sound-reproduction recordings the Librarian of Congress, without reference to the provisions of section 3709 of the Revised Statutes of the United States (41 U. S. C. 5), as amended, shall give preference to non-profit-making institutions or agencies whose activities are primarily concerned with the blind, in all cases where the prices or bids submitted by such institutions or agencies are, by said Librarian, under all the circumstances and needs involved, determined to be fair and reasonable."

SEC. 2. This Act shall be applicable with respect to the fiscal year Applicability. ending June 30, 1958, and for each fiscal year thereafter.

Approved September 7, 1957.

(325)

54-998 O - 71 - 22

85th Congress, H. R. 11378

August 12, 1958

AN ACT

72 Stat. 548.

To amend Public Laws 815 and 874, Eighty-first Congress, to make permanent the programs providing financial assistance in the construction and operation of schools in areas affected by Federal activities, insofar as such programs relate to children of persons who reside and work on Federal property, to extend such programs until June 30, 1961, insofar as such programs relate to other children, and to make certain other changes in such laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Schools. Construction in federally

TITLE I-AMENDMENT OF PUBLIC LAW 815, EIGHTY- affected areas. FIRST CONGRESS

SEC. 101. The Act of September 23, 1950 (Public Law 815, Eightyfirst Congress), as amended, is amended to read as follows:

"PURPOSE AND APPROPRIATION

"SECTION 1. The purpose of this Act is to provide assistance for the construction of urgently needed minimum school facilities in school districts which have had substantial increases in school membership as a result of new or increased Federal activities. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1959, and each fiscal year thereafter, such sums as the Congress may determine to be necessary for such purpose. Sums so appropriated, other than sums appropriated for administration, shall remain available until expended."

"PORTION OF APPROPRIATIONS AVAILABLE FOR PAYMENTS

"SEC. 2. For each fiscal year the Commissioner shall determine the portion of the funds appropriated pursuant to section 1 which shall be available for carrying out the provisions of sections 9 and 10. The remainder of such funds shall be available for paying to local educational agencies the Federal share of the cost of projects for the construction of school facilities for which applications have been approved under section 6.

"ESTABLISHMENT OF PRIORITIES

"SEC. 3. The Commissioner shall from time to time set dates by which applications for payments under this Act with respect to construction projects must be filed, except that the last such date with respect to applications for payments on account of children referred to in paragraphs (2) or (3) of section 5 (a) shall be not later than June 30, 1961. The Commissioner shall by regulation prescribe an order of priority, based on relative urgency of need, to be followed in approving applications in the event the funds appropriated under this Act and remaining available on any such date for payment to local educational agencies are less than the Federal share of the cost of the projects with respect to which applications have been filed prior to such date (and for which funds under this Act have not already been obligated). Only applications meeting the conditions for approval under this Act (other than section 6 (b) (2) (C)) shall be considered applications for purposes of the preceding sentence.

64 Stat. 967. 20 USC 251255, 271-280.

72 Stat. 549.

"FEDERAL SHARE FOR ANY PROJECT

"SEC. 4. Subject to section 5 (which imposes limitations on the total of the payments which may be made to any local educational agency), the Federal share of the cost of a project under this Act shall be equal to such cost, but in no case to exceed the cost, in the school district of the applicant, of constructing minimum school facilities, and in no case to exceed the cost in such district of constructing minimum school facilities for the estimated number of children who will be in the membership of the schools of such agency at the close of the increase period and who will otherwise be without such facilities at such time. For the purposes of the preceding sentence, the number of such children who will otherwise be without such facilities at such time shall be determined by reference to those facilities which (1) are built or under contract as of the date on which the Commissioner set, under section 3, the earliest date on or before which the application for such project was filed, or (2) as of the date the application for such project is approved, are included in a project the application for which has been approved under this Act.

"LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL EDUCATIONAL AGENCY

"SEC. 5. (a) Subject to the limitations in subsections (c) and (d), the total of the payments to a local educational agency under this Act may not exceed the sum of the following:

"(1) the estimated increase, since the base year, in the number of children residing on Federal property 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 within reasonable commuting distance from such school district), multiplied by 95 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated; and

"(2) the estimated increase, since the base year, in the number of children residing on Federal property, or residing 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 within reasonable commuting distance from such school district), multiplied by 50 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated. A child of a parent who commenced residing in or near the school district of such an agency while assigned to employment, as a member of the Armed Forces on active duty, on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district) and who was subsequently assigned elsewhere on active duty as a member of the Armed Forces, shall continue to be considered as residing with a parent employed on such Federal property, for purposes of this paragraph and paragraph (1) of this subsection, for so long as the parent is so assigned; and

"(3) the estimated increase, since the base year, in the number of children whose membership results directly from activities of the United States (carried on either directly or through a contractor), multiplied by 45 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated. For purposes of this paragraph, the Commissioner shall not consider as activities of the United States those activities which are car

72 Stat. 550. ried on in connection with real property excluded from the definition of Federal property by the last sentence of paragraph (1) of section 15, but shall (if the local educational agency so elects pursuant to subsection (b)) consider as children whose membership results directly from activities of the United States children residing on Federal property or residing with a parent employed on Federal property.

In computing for any local educational agency the number of children in an increase under paragraph (1), (2), or (3), the estimated number of children described in such paragraph who will be in the membership of the schools of such agency at the close of the increase period shall be compared with the estimated number of such children in the average daily membership of the schools of such agency during the base year.

"(b) If two or more of the paragraphs of subsection (a) apply to a child, the local educational agency shall elect which of such paragraphs shall apply to such child, except that, notwithstanding the election of a local educational agency to have paragraph (2) apply to a child instead of paragraph (1), the determination of the maximum amount for such agency under subsection (a) shall be made without regard to such election.

(c) A local educational agency shall not be eligible to have any amount included in its maximum by reason of paragraph (1), (2), or (3) of subsection (a) unless the increase in children referred to in such paragraph, prior to the application of the limitation in subsection (d), is at least twenty and is equal to at least 5 per centum in the case of paragraph (1) or (2), and 10 per centum in the case of paragraph (3), of the number of all children who were in the average daily membership of the schools of such agency during the base year, and unless, in the case of paragraph (3), the construction of additional minimum school facilities for the number of children in such increase will, in the judgment of the Commissioner, impose an undue financial burden on the taxing and borrowing authority of such agency: Provided, That children residing on any housing property which, prior to sale or transfer by the United States, was considered to be Federal property for the purposes of this Act, shall not be considered as having been federally connected in determining the eligibility of the local educational agency under this subsection.

"(d) If (1) the estimated number of nonfederally connected children who will be in the membership of the schools of a local educational agency at the close of the increase period is less than (2) 107 per centum of the number of such children who were in the average daily membership of such agency during the base year, the total number of children counted for purposes of subsection (a) with respect to such agency shall be reduced by the difference between (1) and (2) hereof. For purposes of this subsection, all children in the membership of a local educational agency shall be counted as nonfederally connected children except children whose membership in the base year and increase period was compared in computing an increase which meets the requirements of subsection (c).

"(e) Notwithstanding the provisions of subsections (c) and (d) of this section, 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 do any one or more of the following: (1) he may waive or reduce any percentage requirement or requirements in subsection (c); (2) he may waive the requirement contained in the first sentence of subsection (d) or reduce the percentage specified in clause (2) of such sentence.

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