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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".

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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.]

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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,
Washington, July 15, 1954.

Hon. H. ALEXANDER SMITH,
'Chairman, Committee on Labor and Public Welfare,
United States Senate.

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.
Sincerely yours,
OVETA CULP HOBBY,

Secretary.

Department of Health, EDUCATION, AND Welfare,
Washington, July 13, 1954.

Hon. H. ALEXANDER SMITH,
Chairman, Committee on Labor and Public Welfare, United States Senate.
DEAR Mr. CHAIRMAN: This letter is in response to your request of June 21,
1954, for a report on S. 3628, a bill to amend Public Law 815, 81st Congress, in
order to provide a permanent program of assistance for school construction under
the provisions of such law.

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:)

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