CHAPTER II. BILLS REPORTED FROM THE COMMITTEE ON LABOR AND PUBLIC WELFARE The Legislative Reorganization Act of 1946, which, as amended, is currently effective, lists "measures relating to education, labor, or public welfare generally" first among those activities to be referred to the Senate Committee on Labor and Public Welfare. Other measures concerned with education and training which are named to be referred to that committee include those relating to vocational rehabilitation, education of veterans, and Howard University. However, the act requires that certain other measures which involve education and training be referred to other named committees of the Senate. For example, the act directs referral of bills relating to the education of Indians to the Senate Committee on Public Lands. In order to show to some extent the volume of education and training legislation considered by the Committee on Labor and Public Welfare in 1965, the following pages will list first, in chronological order of approval by the President, the enactments which, in the earlier forms of bills, were referred to that committee. The acts which in their earlier forms were referred to other committees of the Senate will be listed in a later chapter, likewise in the order of approval of the acts by the President. A. THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (PUBLIC LAW 89-10, APPROVED APRIL 11, 1965) On January 12, 1965, Senator Wayne Morse, of Oregon, for himself and 35 other Senators, introduced S. 370, the Elementary and Secondary Education Act of 1965. The bill was referred to the Committee on Labor and Public Welfare. Hearings on the proposal were opened by the Subcommittee on Education of the Committee on Labor and Public Welfare, on January 26, 1965, and continued on January 29, and on February 1, 2, 4, 8, and 11, 1965. The record of the hearings was printed in 6 parts comprising a total of 3,298 pages. No further action was taken on S. 370. An identical bill, H.R. 2362, was introduced on January 12, 1965, by Representative Carl D. Perkins, of Kentucky. The bill was referred to the Committee on Education and Labor. Hearings on Federal aid to elementary and secondary education were held by the General Subcommittee on Education of the Committee on Education and Labor on January 22, 23, 25-30 and February 1 and 2, 1965. The record of the hearings was printed in 2 parts totaling 2,128 pages. H.R. 2362 was reported from the Committee on Education and Labor on March 8, 1965 (Rept. No. 143). It passed the House on March 26, 1965, and was referred to the Committee on Labor and Public Welfare. The bill was reported from that committee on April 6, 1965 (Rept. No. 146). It passed the Senate on April 9, 1965. The act 5 6 was approved by the President on April 11, 1965, and became Public Law 89-10. President Johnson's remarks upon signing the act included the following statement: "As President of the United States, I believe deeply no law I have signed or will ever sign means more to the future of America." 5 Commenting on the enactment, an article in the New York Times of April 11, 1965, observed in part: Despite heated controversies-largely over the methods of distribution and the church-state issue-the Senate vote of 73 to 18 indicated both the President's position of strength and the widespread support of the principle of school aid. The House vote also was an impressive 263 to 153 in favor. As for the major provision of the bill-the slightly more than $1 billion to support districts in direct proportion to the number of needy children of school age the States can be expected to make use of the funds in two typical ways: The poor States with a high proportion of children of families with annual incomes of less than $2,000 will probably use the funds to upgrade their entire effort. This will result in increased teachers' salaries and an across-the-board stepping up of per-pupil expenditures. The wealthier States, which are also the more populous ones, will more likely urge the districts to use the money to upgrade sharply the expenditures for children in slum areas. The reason for this will be that these States already spend far more money a pupil than do the poor States. schooling of slum children to a level that will make youths in these areas able to But the cost of raising the become productive citizens in a highly competitive, urban setting is very high. Moreover the aid allocation in these States, though larger on paper than the funds to be given the poorer States, represent only a very small fraction of the total school budget. The major mission of these dollars therefore will be to wipe out pockets of property amid affluence." Following is a digest of the act: Title I-Financial assistance to local educational agencies for the education of children of low-income families.-Declares it to be the purpose of Congress to provide Federal financial assistance to educational agencies in areas with concentrations of low-income families to improve the educational facilities of the area. Authorizes the Commisioner of Education to make payments to State educational agencies for basic and special incentive grants to local agencies from July 1, 1966, to June 30, 1968. Provides a formula for determining the amount of Federal assistance to a State. This formula to be based on a computation using the Federal percentage of the average per pupil expenditure multiplied by the number of children in low-income families in the State or area in which the grant is to be used but the Federal contribution to an agency is not to exceed 30 percent of that agency's budget for the fiscal year ending June 30, 1966. Establishes a criteria for determining the eligibility of a local educational agency. Requires that there be in the school district served by the agency at least 100 children in low-income families or that more than 3 percent of the total number of children served by the agency come from such families. Defines "Federal percentage" as 50 percent and "low income" as $2,000 or less. In determining the number of children in low-income families only those from 5 to 17 are to be counted. Provides for special incentive grants to agencies with amounts to be determined by previous agency expenditures. Tex. Text of the remarks by the President upon signing the education bill, Johnson City, Hechinger, Fred M., "The Week in Education." New York Times, Apr. 11, 1965, p. E-13. Requires the local agency to apply to the State for such grants and provides standards for determining eligibility. Requires State educational agencies to provide the Commissioner with satisfactory assurance that proper disbursement will be made; that this act will be complied with; and that annual reports will be made to the Commissioner. Provides standards and methods of payments by the Commissioner to the States. Requires that laborers and mechanics on construction projects receiving assistance under this title be paid in accordance with the standard set forth in the Davis-Bacon Act (prevailing wage and hour rate). Provides for the withholding of funds by the Commissioner in the event of noncompliance with the requirements above. Permits judicial review of the Commissioner's holdings. Requires a report from the Commissioner to the Secretary of Health, Education, and Welfare on the operation of this title. Title II-School library resources and instructional materials.Authorizes $100 million for the fiscal year 1966 for use in the acquisition of school library resources and instructional material for use in public and private nonprofit elementary and secondary schools in the States. Sets forth standards for determining allotments to be made to the States under this title. Requires those States desirous of allotments to submit to the Commissioner plans which designate an agency to administer the plan, set up a program for expenditures of the funds, set forth criteria for allocating and selecting the materials, set forth procedures to insure that the Federal assistance will not supplant but supplement State funds, provide for proper disbursement and accounting procedures to assure proper disbursement, and provide for reports deemed necessary by the Commissioner. Requires the Commissioner to approve any State plan which complies with the above provisions. Where there is no State agency which provides library and instructional materials the Commissioner is authorized to provide for an equitable distribution of the State's funds and to charge the cost of distribution out of that State's allotment. Requires the Commissioner to give a State opportunity for a hearing before finally disapproving a State plan and provides for judicial review of the Commissioner's final action. Title III-Supplementary education centers and services.-Authorizes the appropriation of $100 million for the fiscal year 1966 and such sum for 3 succeeding years for supplementary educational centers and services. Establishes a formula for apportionment among the States. Provides for reapportionment of unused or allotments found to be unnecessary by the Commissioner to other States. Sets forth the uses to which the Federal funds may be put to include construction or acquisition of equipment to expand elementary and secondary education programs, guidance counseling and programs to encourage children to reenter or remain in school, comprehensive academic services, developing and conducting exemplary educational programs, specialized instruction and equipment for students in advanced courses, educational radio and television, and special educational and related services for rural areas. 56-678 0-66- 2 Sets up requirements for receiving grants and standards for the Commissioner to follow in making grants. Provides that payments made under this title may be made in installments, in advance, or by way of reimbursement. Establishes an eight-member Advisory Committee on Supplementary Educational Centers and Services to advise the Commissioner on matters relating to this title. Provides for the recovery of payments made under this title if within 20 years the owner of the facilities assisted by Federal funds ceases to be a State or local agency or the facilities cease to be used for the purposes intended without the Commissioner's assent. Requires that labor standards at construction sites be in accordance with the Davis-Bacon Act. Title IV-Cooperative Research Act-Educational research and training.-Authorizes the Commissioner to make grants for research, surveys, and demonstrations in education and to make findings available to interested parties. Sets forth the standards required for issuance of a grant. Provides for transfers of funds to other Federal agencies engaged in such work. Requires the Commissioner to submit annual progress reports on such research to Congress. Authorizes $100 million for use over a 5-year period for the construction of regional facilities for research and related purposes. Sets up standards to be used by the Commissioner in using such funds. Requires that the wage rate at such construction sites as are approved by the Commissioner be in accordance with the Davis-Bacon Act, as amended. Title V-Grants to strengthen State departments of education.Authorizes $25 million for such purpose as the name of the title implies for fiscal year 1966 and such funds for the succeeding 4 fiscal years as may be necessary. Sets forth a formula for apportionment of 85 percent of such appropriated funds among the States and reserves 15 percent for grants for special projects. Grants are to be made upon approval by the Commissioner of a State application which must set forth the use to be made of such funds. The application is required to show that the grant will be used for such purposes as educational planning on a statewide basis; collection, analysis, and dissemination of educational data; programs fostering or aiding educational research programs and projects; publication and distribution of curricular materials; improvement of teacher preparation; education financing; pupil achievement tests; training of educational personnel; and providing consultative and technical assistance and related service to local educational agencies and schools. Restricts the amount of Federal participation in such programs to not more than 66 percent and not less than 50 percent of the total amount to be expended on such programs. Sets forth the standards which the Commissioner must use in approving a State application for grants authorized under this title. Provides for the interchange of personnel between the States and the Office of Education. Sets forth standards for the treatment of exchange employees as to their status within the Office and the treat ment to be given to such employees in regard to such matters as pay, leave, retirement, and insurance. Requires the Commissioner to give reasonable time for a hearing before finally disapproving a State plan and provides for judicial review of the Commissioner's decision regarding approval or disapproval of a State plan. Authorizes the establishment of a 12-member Advisory Council on State Departments of Education to review the administration of grants made under this title and to make recommendations for improvement of such administration. Authorizes the Secretary to engage technical and nontechnical assistance for the Council and requires the Council to report on its findings and recommendations to the Secretary who will in turn transmit such report to the President and Congress. Title VI-General provisions.-Authorizes the Commissioner to appoint, with the approval of the Secretary, advisory committees to advise and consult with him. Authorizes the Commissioner to delegate authority to employees of the Office and to utilize the facilities of other Federal agencies. Prohibits any manner of Federal control over education. B. THE MANPOWER ACT OF 1965 (PUBLIC LAW 89-15, APPROVED APRIL 26, 1965) The Manpower Act of 1965 was introduced on February 3, 1965: in the Senate, as S. 974, by Senators Joseph S. Clark, Jr., of Pennsylvania, and Claiborne Pell, of Rhode Island; and in the House, as H.R. 4257, by Representative Elmer J. Holland, of Pennsylvania. S. 974 was referred to the Committee on Labor and Public Welfare. H.R. 9257 was referred to the Committee on Education and Labor. Hearings on bills to amend the Manpower Development and Training Act of 1962, as amended, and for other purposes, were held before the Select Committee on Labor, of the Committee on Education and Labor, on February 4, 5, 9, 10, 16, 17, 18, and 19, 1965. The record of the hearings was printed in a volume of 339 pages. On March 15, 1965, the Committee on Education and Labor reported H.R. 4257 (Rept. No. 170). The bill passed the House on April 1, 1965, but was later laid on the table on that date, and S. 974, as amended, was passed in lieu. Hearings on S. 974 were held before the Subcommittee on Employment and Manpower, of the Committee on Labor and Public Welfare, on February 9, 10, and 19, 1965. The record of the hearings was printed in a volume of 285 pages. On March 12, 1965, the Committee on Labor and Public Welfare reported S. 974 (Rept. No. 123). The bill passed the Senate on March 16, 1965. It passed the House, amended, on April 1, 1965. The Senate disagreed to the House amendments and asked for a conference on April 5, 1965, and the House agreed to the conference on that date. The Senate agreed to the conference report on April 9, 1965. The conference report was filed on April 12, 1965 (Rept. No. 231). The House agreed to the conference report on April 13, 1965. The act was approved by the President on April 26, 1965, and became Public Law 89-15. |