FINANCIAL ASSISTANCE TO SCHOOL CONSTRUCTION AND MAINTENANCE AND OPERATION OF SCHOOLS IN AREAS AFFECTED BY FEDERAL ACTIVITIES TUESDAY, JULY 13, 1954 UNITED STATES SENATE, COMMITTEE ON LABOR AND PUBLIC WELFARE, SUBCOMMITTEE ON EDUCATION, Washington, D. C. The subcommittee met at 10:05 a. m., pursuant to the call of the chairman, in room P-63 of the Capitol, Senator John Sherman Cooper, chairman of the subcommittee, presiding. Present: Senators Cooper, Goldwater, Upton, Murray, and Hill. Also present: Roy E. James, staff director; John Stringer and W. G. Reidy, professional staff members. Senator COOPER. The subcommittee will come to order. The purpose of this hearing is to consider a number of bills which have been introduced upon the problem of aid to federally affected localities in respect to elementary and secondary education. The subcommittee has before it S. 3629, introduced by Mr. Upton, for himself and Mr. Bridges; S. 3450, introduced by Senator Clements for Mr. Burke; and S. 3628, introduced by Mr. Upton, for himself, Mr. Bridges, Mr. Payne and Mrs. Smith of Maine. I would like to have those bills and the reports of the Department of Health, Education, and Welfare on S. 3450 and S. 3628 inserted in the record at this point. (The bills, S. 3450, S. 3628, and S. 3629, and the reports referred to follow:) [S. 3450, 83d Cong., 2d sess.] A BILL To amend Public Law 815, Eighty-first Congress, so as to extend for two additional years the program of assistance for school construction under title III of that Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sentence of section 301 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), as amended, is amended to read as follows: "There are hereby authorized to be appropriated for the fiscal year ending June 30, 1954, and for the three succeeding fiscal years, such sums as the Congress may determine to be necessary for such purpose." SEC. 2. The first sentence of section 303 of such Act is amended by striking out "1954" and inserting "1956". SEC. 3. The first sentence of section 304 of such Act is amended by striking out "the regular school year 1953-1954" and inserting "the current school year". SEC. 4. Section 305 (a) of such Act is amended by striking out "the regular school year 1953-1954" and inserting "the current school year' SEC. 5. Section 305 (d) is amended (1) by striking out "the regular school year 1953-1954" and inserting "the current school year" and (2) by striking out "the school years 1951-1952 and 1953-1954" and inserting "the school year 1951-1952 and the current school year". SEC. 6. The first sentence of section 310 of such Act is amended by inserting after "June 30, 1954" the following: ", June 30, 1955, or June 30, 1956". 1 SEC. 7. Title III of such Act is amended by adding at the end thereof the following new section: "SEC. 312. For the purposes of this title, the term 'current school year' means (1) with respect to an application filed before July 1, 1954, the regular school year 1953-1954; (2) with respect to an application filed after June 30, 1954, and before July 1, 1955, the regular school year 1954-1955; and (3) with respect to an application filed after June 30, 1955, the regular school year 1955-1956." SEC. 8. Section 209 (e) of such Act is amended by striking out "June 30, 1955" and inserting "June 30, 1957". [S. 3628, 83d Cong., 2d sess.] A BILL To amend Public Law 815, Eighty-first Congress, in order to provide a permanent program of assistance for school construction under the provisions of such law Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sentence of section 301 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), as amended, is amended to read as follows: "There are hereby authorized to be appropriated such sums as the Congress may determine to be necessary for such purpose.' SEC. 2. The first sentence of section 303 of such Act is amended by striking out", the last of which shall be not later than June 30, 1954, by" and inserting in lieu thereof "prior to". SEC. 3. The first sentence of section 304 of such Act is amended by striking out "the regular school year 1953-1954" and inserting in lieu thereof "the current school year". SEC. 4. Section 305 (a) of such Act is amended by striking out "the regular school year 1953-1954" and inserting in lieu thereof "the current school year". SEC. 5. Section 305 (d) of such Act is amended (1) by striking out "the regular school year 1953-1954" and inserting in lieu thereof "the current school year", and (2) by striking out "the school years 1951-1952 and 1953-1954" and inserting in lieu thereof "the school year 1951-1952 and the current school year". SEC. 6. Section 305 of such Act is further amended by inserting at the end thereof the following new subsection: "(f) The determination of any increase in children for the purpose of any application under the provisions of this Act shall be made without regard to any increase in children for which payment has been or will be made on the basis of a previous application under the provisions of this Act." SEC. 7. The first sentence of section 310 of such Act is amended by inserting after "June 30, 1954" the following: "or on June 30 of any fiscal year thereafter". SEC. 8. Title III of such Act is amended by adding at the end thereof the following new section: "SEC. 312. For the purposes of this title, the term 'current school year' means with respect to an application filed before July 1, 1954, the regular school year 1953-1954, and with respect to an application filed thereafter, the regular school year during which such application is filed." SEC. 9. Section 209 (e) of such Act is amended by striking out "during the period beginning July 1, 1951, and ending June 30, 1955" and inserting in lieu thereof "after June 30, 1951". [S. 3629, 83d Cong., 2d sess.] A BILL To amend Public Law 874, Eighty-first Congress, so as to eliminate the 3 per centum "absorption" requirement Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 (c) (1) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as amended by the Act of August 8, 1953 (Public Law 248, Eighty-third Congress), is amended (1) by striking out ", 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" in the first sentence; and (2) by striking out "the 3 per centum deduction, or the requirement of ten or more children, contained in this paragraph, or both" in the second sentence and inserting in lieu thereof "the requirement of ten or more children contained in this paragraph". SEC. 2. The amendments made by this Act shall become effective immediately after the amendments made by section 2 (a) (2) of the Act of August 8, 1953 (Public Law 248, Eighty-third Congress), become effective. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, Hon. H. ALEXANDER SMITH, DEAR MR. CHAIRMAN: This letter is in response to your request for a report on S. 3450, a bill to amend Public Law 815, 81st Congress, so as to extend for 2 additional years the program of assistance for school construction under title III of that act. This Department has indicated its position with reference to the extension of Public Law 815 in its report on S. 3628. We do not oppose a 1- or 2-year extension of the act to meet the needs of the relatively small number of districts that would be able to establish additional substantial increases in the number of federally connected children after July 1, 1954, as a result of Federal projects or activities. Any extension should require that districts have eligibility requirements comparable to those presently in effect. If the law is to be so extended, there are certain technical amendments that should be made. We will be glad to advise the committee concerning these if requested. Time has not permitted clearance of this report with the Bureau of the Budget. Secretary. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, Hon. H. ALEXANDER SMITH, The Department does not believe that a permanent law for school construction in federally affected areas is essential at this time. Studies are under way by the Office of Education looking toward determining any continuing responsibilities of the Federal Government for education of pupils who live on Federal property or otherwise. Findings of the conferences authorized by H. R. 7601 will also be of value to the Department in arriving at sound recommendations to make to the next Congress on this subject. Under these circumstances we recommend against the enactment of a bill making Public Law 815 permanent at this time. We do not oppose a temporary extension (1 or 2 years) of the act to meet the needs of the relatively small number of districts that would be able to establish additional substantial increases in the number of federally connected children after July 1, 1954, as a result of Federal projects or activities. Any extension should require that districts have eligibility requirements comparable to those presently in effect. During such period of temporary extension of the law the Commissioner of Education and the Department would complete the studies currently being made concerning the problem and make recommendations thereon. Time has not permitted clearance of this report with the Bureau of the Budget. Sincerely yours, OVETA CULP HOBBY, Secretary. Senator COOPER. I would like to have inserted in the record at this time section 4 of a document which has been prepared for the committee, entitled "Federal Aid to States and Local School Districts for Elementary and Secondary Education," and paragraph 4 is entitled "Aid to Certain Federally Affected Localities. (The document, referred to is as follows:) [Committee print, 83d Cong. 2d sess.] FEDERAL AID TO STATES AND LOCAL SCHOOL DISTRICTS FOR ELEMENTARY AND SECONDARY EDUCATION A report prepared in the Legislative Reference Service of the Library of Congress at the request of Senator John Sherman Cooper, chairman, subcommittee on education of the Committee on Labor and Public Welfare FOREWORD This report was prepared at the request of Senator John Sherman Cooper, chairman of the Subcommittee on Education, for the use of the Senate Committee on Labor and Public Welfare. The purpose is to provide the committee information requested for consideration in connection with certain pending bills. The report briefly describes the currently effective Federal programs which give aid to States and local school districts for elementary and secondary education. The study also points our certain facts which have an important bearing upon a consideration of these programs in relation to pending legislative proposals. The report was prepared by Charles A. Quattlebaum, principal specialist in education on the staff of the Legislative Reference Service. Appreciation is expressed to Clayton D. Hutchins, specialist in school finance in the United States Office of Education, and to the several other persons in the executive branch of the Government who contributed source material and constructive comment. ERNEST S. GRIFFITH, Director, Legislative Reference Service. 1. SIGNIFICANCE OF THE TERM "FEDERAL AID TO EDUCATION" As very widely used throughout the United States, and in this report, the term "Federal aid to education" refers primarily to Federal revenue made available to States and local school districts for the support of education. There is no authoritative or complete agreement on the significance of this term, its inclusions and exclusions. The term "Federal aid" is employed in the title of this report because of its widespread acceptance. Its usage here requires, however, an acknowledgment of the fact that many persons have objected to the connotations of this term. Objections have been made on the grounds that the word "aid” implies that the Federal Government is giving away something. Many persons contend that the Federal Government inherently bears an obligation to participate in the financing of education, which they consider essential to the discharge of the Federal responsibility for the national defense and for the promotion of the general welfare. It is clear that not all of the Federal programs described in this report represent "Federal aid to education" with respect to either basic purpose or philosophy. However, all of these programs do give some aid to States and local school districts for the advancement of elementary and secondary education. In most cases whether the program should be regarded as instrinsically one of "Federal aid to education" is a matter of opinion. The underlying purposes and philosophies of the programs are important considerations. A more important consideration, however, is the fact that these programs, taken together, represent what the Federal Government is already doing in the nature of promoting education in the Nation's elementary and secondary schools. 2. HISTORICAL BACKGROUND OF THE CURRENT PROGRAMS A short review of the history of Federal activities in the field of education, especially at the elementary and secondary levels, affords a basis for an understanding of the programs presently in effect at these levels. From the time of its inception the Federal Government has engaged in two types of educational activities: (1) Aiding the States and Territories in financing and otherwise promoting education, and (2) operating its own educational programs. Both of these types of activities antedate the Constitution. Both have included education at the elementary and secondary levels. Federal aid to the States for education has its origin in early congressional grants of Federal lands for the endowment of the common schools. Such grants were initiated in the Western Territory by the Congress of the Confederation in 1785, and were continued by the Congress of the United States as new States were formed from the public domain. From time to time Congress has instituted new forms of Federal aid to States and local school districts for education. Apparently the Federal Government's own educational pursuits began with the "general instruction" of men in the Army under the Von Steuben regulations of 1779. Federal provisions for the education of Federal military and civilian personnel for national defense have grown to include instruction in practically all subject fields at all educational levels. Many other activities in the field of education have been developed by the Federal Government. In times of economic depression and of war the Congress has authorized or established Federal educational aids and programs for practically the entire population. These have been aimed at relieving the financial distress of States and localities, or preparing the population for more effective support of the war effort. During the depression of the 1930's several Federal emergency agencies carried out educational activities as aspects of relief programs. For example, the Civilian Conservation Corps, created by act of Congress in 1937, provided vocational training, as well as employment, to youth in need of remunerative occupations. According to a statement contained in a message from President Roosevelt to the Congress in 1939, the major purpose of the CCC was "to promote the welfare and further the training" of the individuals in the corps. An organized program of educational activities was carried on in each camp and many enrollees attended public schools in nearby communities. The Federal Emergency Relief Administration established in 1933 developed extensive educational programs in the States. These included various forms of adult education, nursery schools, vocational rehabilitation, part-time employment of college students, and employment of needy unemployed teachers for schools closed or partially closed for lack of funds. The emergency agency known first as the Works Progress Administration, and later as the Work Projects Administration, supported a large number of educational projects ranging from literacy and naturalization classes to academic education at the college level. The National Youth Administration was established in 1935 to provide work training for unemployed youth and part-time employment for needy students. President Roosevelt said in 1939 that the major purpose of the NYA was to extend the educational opportunities of the youth of the country and to bring them through the process of training into the possession of skills which would enable them to find employment. During the depression period the Public Works Administration made numerous grants and loans to States and municipalities for the construction of school and college buildings. The Reconstruction Finance Corporation also made selfliquidation loans to States and municipal authorities and to institutions for educational projects. Under the Lanham Act and other acts the Federal Government provided extensive aid to the construction and operation of public schools in communities having swollen populations as a result of Federal activities during the period of World War II. The Federal Government also provided aid for nursery schools for preschool-age children, and aid for before-school, after-school, and vacationary supervision of school-age children whose mothers were employed in the war effort. The United States Office of Education cooperated with the Federal Works Agency in the administration of this program. Hundreds of localities which had become centers of war production and had therefore experienced large increases in population were given assistance. Construction of schools figured prominently among the projects undertaken, the provision of adequate school facilities having been found essential to attract workers into the war-production areas. Executive Order 9247 of September 17, 1942, gave the War Manpower Commission responsibility for (1) developing unified programs and policies to meet training needs of wartime employment, and (2) exercising general supervision over the war-training programs. The following Federal programs came under the scope of this authority: (1) Apprentice-training service; (2) training-within-industry service; (3) the National Youth Administration; (4) vocational training for warproduction workers; (5) the food-production war-training program; (6) the engineering, science, and management war-training program; (7) the visual-aids service, and (8) the student loan program. The history of Federal activities in the field of education has had many ramifications. Many of the activities have been of a temporary nature. The principal aim of most of the Federal programs in this field often has not been the administration of education nor aid to education as such. Generally education has been used by Federal agencies as a means for the accomplishment of some other Federal purpose. At the present time the expenditures by the Federal Government for its own educational programs such as those for the Armed Forces-are at least several 50286-54-2 |