expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of 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 preceding year.

"(3) For purposes of this subsection, the term 'State' does not include Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

"(b) A local educational agency shall be eligible for a grant for a fiscal year under this title only if it meets the following requirements with respect to the number of children aged five to seventeen, inclusive, of families having an annual income of less than the low-income factor (as established pursuant to subsection (c)):

"(1) In any case (except as provided in paragraph (3)) in which the Commissioner determines that satisfactory data for the purpose of this subsection as to the number of such children of such families are available on a school district basis, the number of such children of such families in the school district of such local educational agency shall be

"(A) at least one hundred, or

"(B) equal to 3 per centum or more of the total number of all children aged five to seventeen, inclusive, in such district,

whichever is less, except that it shall in no case be less than ten.

"(2) In any other case, except as provided in paragraph (3), the number of children of such ages of families with such income in the county which includes such local educational agency's school district shall be one hundred or more.

(3) In any case in which a county includes a part of the school district of the local educational agency concerned and the Commissioner has not determined that satisfactory data for the purpose of this subsection are available on a school district basis for all the local educational agencies for all the counties into which the school district of the local educational agency concerned extends, the eligibility requirement with respect to the number of children of such ages of families of such income for such local educational agency shall be determined in accordance with regulations prescribed by the Commissioner for the purposes of this subsection. "(c) For the purposes of this section, the low-income factor' shall be $2,000. "(d) For the purposes of this section, the Commissioner shall determine the number of children aged five to seventeen, inclusive, of families having an annual income of less than the low-income factor (as established pursuant to subsection (c)) on the basis of the most recent satisfactory data available from the Department of Commerce. At any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this section. The Secretary of Health, Education, and Welfare shall determine the number of children of such ages from families receiving an annual income in excess of the low-income factor (established pursuant to subsection (c)) from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act on the basis of the best available data for the period most nearly comparable to those which are used by the Commissioner under the first two sentences of this subsection in making determinations for the purposes of subsections (a) and (b). When requested by the Commissioner, the Secretary of Commerce shall make a special estimate of the number of children of such ages who are from families having an annual income less than the low-income factor (established pursuant to subsection (c)) in each county or school district, and the Commissioner is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any request of the chief executive of a State for the collection of additional census information.

"APPLICATION

"SEC. 204. (a) A local educational agency may receive a grant under this title for any fiscal year only upon application therefor approved by the appropriate State educational agency, upon its determination (consistent with such basic criteria as the Commissioner may establish under section 205)—

"(1) that payments under this title will be used for projects for the construction of school facilities of the local educational agency which are

designed to serve school attendance areas having high concentrations of children from low-income families, including facilities for special projects conducted by the local educational agency in which children from such areas who are enrolled in private elementary or secondary schools, may participate as authorized by section 105 of title I of the Elementary and Secondary Education Act of 1965, as amended;

"(2) that the local educational agency has provided satisfactory assurance that the control of funds provided under this title, and title to property derived therefrom, shall be in a public agency for the uses and purposes provided in this title, and that a public agency will administer such funds and property;

"(3) that the project is not inconsistent with overall State plans for the construction of school facilities and that the requirements of section 423 of the General Education Provisions Act will be complied with on all such construction projects;

"(4) that the local educational agency will make an annual report and such other reports to the State educational agency, in such form and containing such information, as may be reasonably necessary to enable the State educational agency to perform its duties under this title, and will keep such records and afford such access thereto as the State educational agency may find necessary to assure the correctness and verification of such reports.

"(b) The State educational agency shall not finally disapprove in whole or in part any application for funds under this title without first affording the local educational agency submitting the application reasonable notice and opportunity for a hearing.

"BASIC CRITERIA

"SEC. 205. As soon as practicable after the enactment of this Act, the Commissioner shall by regulation prescribe basic criteria to be applied by State educational agencies under section 204. In addition to other things, such basic criteria shall include the requirement that in approving applications under section 204 priority shall be given to projects which provide for the replacement or restoration of hazardous or unsafe facilities, the consolidation of school facilities where the existing facilities do not provide separate classrooms for each grade, the modernization or replacement of facilities which are antiquated or functionally obsolescent, or the modernization or replacement of facilities to provide innovative facilities or equipment.

"ASSURANCES FROM STATES

"SEC. 206. (a) Any State desiring to participate in the program of this title shall submit through its State educational agency to the Commissioner an application, in such detail as the Commissioner deems necessary, which provides satisfactory assurance

"(1) that, except as provided in section 207(b), payments under this title will be used only for projects which have been approved by the State educational agency pursuant to section 204 (a) and which meet the requirements of that section, and that such agency will in all other respects comply with the provisions of this title, including the enforcement of any obligations imposed upon a local educational agency under section 204 (a); "(2) that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to local educational agencies) under this title; and

"(3) that the State educational agency will make to the Commissioner such reports as may be reasonably necessary to enable the Commissioner to perform his duties under this title (including such reports as he may require to determine the amounts which the local educational agencies of that State are eligible to receive for any fiscal year).

"(b) The Commissioner shall approve an application which meets the requirements specified in subsection (a), and he shall not finally disapprove an application except after reasonable notice and opportunity for a hearing to the State educational agency.

"PAYMENT

"SEC. 207. (a) (1) The Commissioner shall, subject to the provisions of section 208, from time to time pay to each State the amount which the local educational agencies of that State are eligible to receive under this title.

"(2) From the funds paid to it pursuant to paragraph (1) each State educational agency shall distribute to each local educational agency of the State which is not ineligible by reason of section 203 (b) and which has submitted an application approved pursuant to section 204 (a) the amount for which such application has been approved, except that this amount shall not exceed an amount equal to the maximum amount of the grant as determined for that agency pursuant to section 203.

"(b) The Commissioner is authorized to pay to each State amounts equal to the amounts expended by it for the proper and efficient performance of its duties under this title, except that the total of such payments in any fiscal year shall not exceed 1 per centum of the total of the amount of the grants paid under this title for that year to the local educational agencies of the State.

"(c) (1) No payments shall be made under this title for any fiscal year to a State which has taken into consideration payments under this title in determining the eligibility of any local education agency in that State for State aid, or the amount of that aid, with respect to the free public education of children during that year or the preceding fiscal year.

"(2) No payments shall be made under this title to any local educational agency for any fiscal year unless the State educational agency finds that the combined fiscal effort (as determined in accordance with regulations of the Commissioner) of that agency and the State with respect to the provision of free public education by that agency for the preceding fiscal year was not less than such combined effort for the fiscal year ending June 30, 1969.

"ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS

"SEC. 208. If the sums appropriated for any fiscal year for making the payments provided in this title are not sufficient to pay in full the total amounts which all local and State educational agencies are eligible to receive under this title for such year, such amounts shall be reduced ratably. In case additional funds become available for making payments under this title for that year, such reduced amounts shall be increased on the same basis that they were reduced."

TECHNICAL AND CONFORMING AMENDMENTS

SEC. 102. (a) The Act of September 23, 1950, Public Law 815, Eighty-first Congress, as amended (20 U.S.C. 631-645), is amended by inserting "TITLE III-ADMINISTRATIVE PROVISIONS" immediately after section 10, and by redesignating sections 11, 12, 13, 14, 15, 16, and 17 as sections 301, 302, 303, 304, 305, 306, and 307, respectively.

(b) The section of such Act redesignated as section 302 is amended by adding at the end thereof the following new subsection:

"(e) No funds appropriated to carry out the provisions of this Act shall be used for the purpose of religious worship or instruction or for the construction of facilities as a place of worship or religious instruction."

DEFINITIONS

SEC. 103. (a) The section of the Act of September 23, 1950, Public Law 815, Eighty-first Congress, as amended, redesignated as section 305 is amended by adding at the end thereof the following:

"(17) The term 'current expenditures' means expenditures for free public education to the extent that such expenditures are made from current revenues, except that such term does not include any such expenditure for the acquisition of land, the erection of facilities, interest, or debt service.

"(18) The term 'county' means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties." (b) Paragraph (4) of such section is amended by inserting before the period at the end thereof the following: ", except that such term does not include any education provided beyond grade 12".

EXTENSION OF PUBLIC LAW 815, EIGHTY-FIRST CONGRESS

SEC. 104. (a) Section 3 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), is amended by striking out "June 30, 1973" and inserting in lieu thereof "June 30, 1976".

(b) Paragraph (15) of the section of such Act redesignated as section 315 is amended by striking out "1968-1969" and inserting in lieu thereof “19711972".

TITLE II-CONSTRUCTION ASSISTANCE ON ACCOUNT OF SUDDEN AND SUBSTANTIAL INCREASES IN ENROLLMENTS

SEC. 201. The last sentence of section 3 of the Act of September 23, 1950 (20 U.S.C. 631), is amended to read as follows: "Such order of priority shall provide that applications for payments based upon increases in numbers of children counted under paragraph (3) of section 5(a) or upon increase in the number of children residing on, or residing with a parent employed on, property which is part of a low-rent housing project assisted under the United States Housing Act of 1937 shall not be approved for any fiscal year until all other applications under paragraph (2) of section 5(a) have been approved for that fiscal year."

SEC. 202. Paragraph (3) of section 5(a) of such Act is amended to read as follows:

"(3) the estimated increase, since the base year, in the number of children in the membership of schools of such agency, but only to the extent such increase exceeds 10 per centum of the number of children who were in average daily membership of the schools of such agency during the base year, 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."

SEC. 203. Section 5(b) of such Act is amended (1) by striking out "If two or more of the paragraphs" and inserting in lieu thereof "If both paragraphs (1) and paragraph (2)", and (2) by adding at the end thereof the following new sentence: "If paragraph (1) or (2) of subsection (a) applies to a child to whom paragraph (3) also applies, then only paragraphs (1) and (2) shall be deemed to apply to such child, except that paragraph (3) shall apply to such child if the local educational agency was not eligible for payments for the increase period on account of children counted under paragraphs (1) and (2).” SEC. 204. The first sentence of section 5(c) of such Act is amended to read as follows:

"(c) A local educational agency shall not be eligible to have any amount included in its maximum by reason of paragraph (1) or (2) 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

"(1) equal to at least 10 per centum of the number of all children who were in the average daily membership of the schools of such agency during the base year, or

"(2) at least one thousand five hundred, whichever is the lesser.

A local educational agency shall not be eligible to have any amount included in its maximum by reason of paragraph (3) of subsection (a) unless the increase in children referred to in such paragraph is at least twenty."

SEC. 205. (a) The first sentence of section 5(d) of such Act is amended (1) by inserting after "for purposes of" the following: "paragraphs (1) and (2) of", and (2) by striking out "and that the number of children counted for the purposes of paragraph (3) of subsection (a) shall not be reduced by more than two thousand five hundred".

(b) The second sentence of section 5(d) of such Act is amended by inserting after "requirements of" the following: "paragraphs (1) and (2) of".

SEC. 206. Section 315 (5) of the Act of September 23, 1950 (as so redesignated by section 102 of this Act), is amended by adding at the end thereof the following new sentence: "In determining the membership of schools, children who are not enrolled on a full-time basis but who receive free public education at the schools of the agency shall be counted on a pro rata basis according to the percentage of the regular school day they spend at the schools of the agency."

SEC. 208. The amendments made by this title shall be effective on July 1,

1971.

TITLE III-AUTHORIZATION OF FUNDS FOR THE CONSTRUCTION OF SUPPLEMENTARY EDUCATIONAL CENTERS

SEC. 301. (a) The first sentence of section 301(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: “", and for each of the three succeeding fiscal years".

(b) Section 301 of such Act is amended by adding at the end thereof the following new subsection:

"(c) In order to expedite construction under this title, there is authorized to be appropriated the sum of $250,000,000 for the fiscal year ending June 30, 1972, $400,000,000 for the fiscal year ending June 30, 1973, and $500,000,000 for the fiscal year ending June 30, 1974, and for each of the two succeeding fiscal years for the purpose of making grants under this title for construction of supplementary educational centers. Funds appropriated under this subsection shall not be considered for purposes of the application of paragraphs (7) and (8) of section 305(b).”

[H.R. 981, 92d Congress, first sess.]

A BILL To establish a national program of assistance to the States with the goal of achieving equalized excellence in schools throughout the Nation over a ten-year period.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Nationwide Educational Excellence Act".

STATEMENT OF PURPOSES

SEC. 2. It is the purpose of this Act to set forth goals of educational excellence and a realistic program for achieving these goals over a ten-year period in cooperation with the States and local communities. This program is intended to meet such major goals as a level of expenditures for education of $1,600 per pupil throughout the Nation within a ten-year period, measured in 1967 dollars; full participation of all children aged five to seventeen in highquality schooling; substantially increased numbers of teachers to achieve a lower student-teacher ratio; improved teachers' salaries; increased numbers of educational personnel other than teachers, including school aides; summer programs, adult education, and school meals and medical and health services for all who need them; and safe, modern school facilities for all school children.

AUTHORIZATION

SEC. 3. (a) The Commissioner of Education shall make payments in accordance with this Act to State education agencies for grants to local educational agencies to be used in meeting educational needs in the areas served by such agencies.

(b) There are hereby authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1970, and each succeeding fiscal year prior to July 1, 1979, to enable the Commissioner to make the allotments to which States are entitled under section 4.

ALLOTMENTS TO STATES

SEC. 4. (a) Out of the sums appropriated for each fiscal year, the Commissioner shall allot to each State an amount equal to the product obtained when the number of children aged five to seventeen, inclusive, within each such State is multiplied by the Federal share per pupil for the State.

(b) The Federal share per pupil for each State for each fiscal year shall be equal to the difference between the total projected increase in average per pupil expenditure and the State's anticipated increase.

(c) No State shall receive an allotment under this Act for any fiscal year with respect to which that State does not maintain the State's anticipated increase (as defined in paragraph (2) of subsection (d) in the State's basic average per pupil expenditure).

(1) The "total projected increase in average per pupil expenditure" for each fiscal year means an amount equal to the difference between $1,600 and the