20 USC 238. Pub. Law 949 All 70 Stat. 971. "(B) in determining the number of children under subsection (a) or (b) with respect to whom such agency is entitled to receive payment, the agency shall be entitled to receive payment with respect to only so many of the number of children whose attendance serves as the basis for eligibility under such subsection, as exceeds 3 per centum of the number of all children in average daily attendence at the schools of such agency during the fiscal year for which payment is to be made." (b) Paragraph (2) of subsection (c) of section 3 of such Act is amended (1) by redesignating such paragraph as paragraph (4), (2) by striking out "1957" and inserting in lieu thereof "1958", (3) by striking out "the preceding fiscal year" and inserting in lieu thereof "such fiscal year", (4) by striking out "succeeding fiscal year" and inserting in lieu thereof "two succeeding fiscal years", (5) by striking out "the preceding year" and inserting in lieu thereof "such year", and (6) by striking out "such preceding year" and inserting in lieu thereof "such year”. (c) Subsection (c) of section 3 of such Act is amended by adding at the end thereof the following new paragraph: "(5) The determinations whether a local educational agency has met the percentage requirements for eligibility under paragraphs (2), (3), or (4) of this subsection for any fiscal year shall be made on the basis of estimates by the Commissioner made prior to the close of such year, except that an underestimate made by the Commissioner pursuant to the foregoing provisions of this sentence shall not operate to deprive an agency of its entitlement to any payments under this section to which it would be entitled had the estimate been accurate." (d) Subsection (e) of section 3 of such Act is amended by striking out "subsection (c) (2)" and inserting in lieu thereof "subsection (c) (4)". SEC. 205. Subsection (d) of section 3 of such Act is amended (1) by striking out "generally comparable" and inserting in lieu thereof "most nearly comparable" and (2) by amending the next to the last Local contri- sentence thereof to read as follows: "In no event shall the local conbution rate. tribution rate for any local educational agency in any State in the continental United States for any fiscal year be less than (i) 50 per centum of the average per pupil expenditure in such State or (ii) the national average per pupil local contribution rate but not to exceed the average per pupil expenditure in such State. For purposes of the preceding sentence 'average per pupil expenditure in such State' means the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies in such State (without regard to the sources of funds from which such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such second preceding fiscal year; and 'national average per pupil local contribution rate' means the aggregate amounts to which local educational agencies in the continental United States became entitled under section 3 (c) (1) for such second preceding fiscal year, divided by the aggregate number of children used under section 3 (c) (1) in computing such amounts (counting children under section 3 (b) as one-half those under section 3 (a))." SEC. 206. Section 3 of such Act is amended by adding at the end thereof the following new subsection: "ADJUSTMENT FOR CERTAIN DECREASES IN FEDERAL ACTIVITIES "(f) Whenever the Commissioner determines that "(1) a local educational agency has made preparations to pro Pub. Law 949 vide during a fiscal year free public education for a certain num- "(2) such preparations were in his judgment reasonable in the "(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. 207. Subsection (a) of section 4 of such Act is amended (1) 20 USC 239. by striking out "1957" both times it appears therein and inserting in lieu thereof "1958", and (2) by striking out "section 2 of". SEC. 208. Subsection (c) of section 4 of such Act is amended to read as follows: "COUNTING OF CERTAIN CHILDREN "(c) In determining under subsection (a) whether there has been an increase in attendance in any fiscal year directly resulting from activities of the United States and the number of children with respect to whom payment is to be made for any fiscal year, the Commissioner shall not count "(A) children with respect to whom a local educational agency is, or upon application would be, entitled to receive any payment under section 3 for such fiscal year, and "(B) children whose attendance is attributable to activities of the United States carried on in connection with real property which has been excluded from the definition of Federal property by the last sentence of paragraph (1) of section 9." SEC. 209. Subsection (c) of section 5 of such Act is amended by 20 USC 240. striking out "subsection (c) (2)" and inserting in lieu thereof "sub section (c) (4)”. SEC. 210. Subsection (d) of section 8 of such Act is amended by 20 USC 243. striking out "1957" and inserting in lieu thereof "1958". SEC. 211. The third sentence of paragraph (1) of section 9 of such 20 USC 244. Act is amended by inserting "(A)" after "such term includes" and by inserting immediately before the period at the end thereof a comma and the following: "(B) for one year beyond the end of the fiscal year in which occurred the sale or transfer thereof by the United States, any housing property considered prior to such sale or transfer to be Federal property for the purposes of this Act, and (C) any school which is providing flight training to members of the Air Force under contractual arrangements with the Department of the Air Force at an airport which is owned by a State' or a political subdivision of a State". SEC. 212. Subsection (a) of section 10 of such Act is amended by 20 USC 245. striking out "either of the two" and inserting in lieu thereof "any of the three". Pub. Law 949 All 70 Stat. 972. Effective date. SEC. 213. The amendments made by this title shall become effective July 1, 1956. Approved August 3, 1956. Public Law 85-198 85th Congress, S. 1971 August 28, 1957 AN ACT To amend sections 4 (a) and 7 (a) of the Vocational Rehabilitation Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sen- Vocational retence of section 4 (a) of the Vocational Rehabilitation Act (29 U. S. C. habilitation. 34 (a)) is amended by adding the following immediately before the 70 Stat. 956. period: ", except that, in the case of a course of study in physical 71 Stat. 473. medicine and rehabilitation, such period may not be in excess of 71 Stat. 474. three years". SEC. 2. Clause (3) of section 7 (a) of such Act (29 U. S. C. 37 (a)) 68 Stat. 658. is amended by striking out "for any one course of study for a period in excess of two years" and inserting in lieu thereof "for any one course of study, other than a course of study in physical medicine and rehabilitation, for a period in excess of two years, or for a course of study in physical medicine and rehabilitation for a period in excess of three years". SEC. 3. The amendments made by this Act shall become effective Effective July 1, 1957. Approved August 28, 1957. (321) date. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (2) of Grants for section 4 (a) of the Vocational Rehabilitation Act, as amended (68 Stat. 655), is hereby amended, effective June 30, 1957, to read as follows: "(2) for planning, preparing for, and initiating, during the fiscal year ending June 30, 1955, and the focal years ending June 30, 1956, and June 30, 1957, a substantial nationwide expansion of vocational rehabilitation programs in the States, and for continuing during the fiscal year ending June 30, 1958, projects which are being carried on under this clause on June 30, 1957." Approved August 28, 1957 (322) special proj eots. 29 USC 34. |