of this bill makes possible research for experimentation which in itself is designed to improve the quality of vocational education. The value of research has long been proved. The need for research in vocational education is great.

Two final features make this bill desirable from a Farmers Union viewpoint. One is that it makes it possible for vocational leadership to do long-range planning and the other is that it allows a vocational program to be built on an already existing and solid foundation.

Mr. Chairman and members of this committee, I am sure that your own wisdom will recognize that we come before you today not to recklessly criticize the administration's noble efforts in the field of education nor to hold over the heads of this distinguished committee what we regard as the positive accomplishments of a counterpart group in the House of Representatives. Rather, we come before you to offer what we feel is in the best interests of agriculture and rural America. We have on the one hand, Mr. Chairman, a great need in rural America and particularly in those farming areas we represent, a need for adequate vocational training in the agricultural field. Of increasing importance is the impelling need to retrain young people from rural areas for jobs in sophisticated urban markets. On the other hand, we currently have legislation which provides $57 million annually for vocational educational programs. Mr. Chairman, current moneys are not enough to do the job. The bill we refer to above can lessen this imbalance.

REALLOCATION OF FUNDS

In conclusion, Mr. Chairman, I should like to cover one final point. There has been talk of allocating certain parts of State funds from one field in vocational education to another. The most often mentioned would be to switch funds for home economic courses to courses which would result in wage earning. There is a critical need for full employment in this country, and therefore for wage earners, but the home is the basic unit of human society. It would, therefore, be reckless indeed to allocate funds for making better homes to some other use. We can afford to do both.

Mr. Chairman, let me thank you again for the privilege of presenting the views of Farmers Union before this distinguished subcommittee.

(H.R. 4955, bill and committee print, are as follows:)

[H.R. 4955, 88th Cong., 1st sess.]

A BILL To strengthen and improve the quality of vocational education and to expand the vocational education opportunities in the Nation

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 "Vocational Education Act of 1963”.

TITLE I-VOCATIONAL EDUCATION

DELCARATION OF PURPOSE

SEC. 101. It is the purpose of this title to authorize Federal grants to States to assist them to maintain, extend, and improve their programs of vocational education so that persons of all ages-those in high school, those who have completed or discontinued their formal education and are preparing to begin their work careers, those who have already begun their work careers, but need to

upgrade their skills or learn new ones, and those with special educational handicaps-will have improved opportunities for vocational training or retraining which is of high quality, which is realistic in the light of actual or anticipated opportunities for useful work, and which is suited to their needs, interests, and ability to benefit from such training.

AUTHORIZATION OF APPROPRIATIONS

SEC. 102. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1964, $73,000,000; for the fiscal year ending June 30, 1965, $175,000,000; for the fiscal year ending June 30, 1966, $250,000,000; for the fiscal year ending June 30, 1967, $340,000,000; and for the fiscal year ending June 30, 1968, and for each fiscal year thereafter, such sums as may be necessary, for the purpose of making grants to States as provided in this title.

ALLOTMENTS TO STATES

SEC. 103. (a) Ninety-five per centum of the sums appropriated pursuant to section 102 shall be allotted among the States on the basis of the number of persons in the various age groups and the per capita income in the respective States as follows: The Commissioner shall allot to each State for each fiscal year

(1) an amount which bears the same ratio to 50 per centum of the sums so appropriated for such year, as the product of the population aged five to nineteen, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus

(2) an amount which bears the same ratio to 20 per centum of the sums so appropriated for such year, as the product of the population aged twenty to twenty-four, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus

(3) an amount which bears the same ratio to 15 per centum of the sums so appropriated for such year, as the product of the population aged twentyfive to sixty-five, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus

(4) an amount which bears the same ratio to 10 per centum of the sums, so appropriated for such year, as the sum of the amounts allotted to the State under clauses (1), (2), and (3) for such year bears to the sum of the amount allotted to all the States under clauses (1), (2), and (3) for such year.

(b) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the State's plan approved under section 105 shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use under the approved plan of such State for such year and the total of such reductions shall be similarly reallotted among the States not suffering such a reduction. Any amount reallotted to a State under this subsection during such year shall be deemed part of its allotment for such year.

(c) (1) The "allotment ratio" for any State shall be 1.00 less the product of (A) .50 and (B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the States (exclusive of Puerto Rico, Guam, American Samoa, and the Virgin Islands), except that (i) the allotment ratio shall in no case be less than .25 or more than .75, (ii) the allotment ratio for Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be .75, and (iii) the allotment ratio of any State shall be .50 for any fiscal year if the Commissioner finds that the cost of education in such State exceeds the median of such costs in all the States by a factor of 2 or more as determined by him on the basis of an index of the average per pupil cost of constructing minimum school facilities in the States as determined for such fiscal year under section 15 (6) of the Act of September 23, 1950, as amended (20 U.S.C. 645) (relating to Federal school construction assistance in federally affected areas), or, in

the Commissioner's discretion, on the basis of such index and such other statistics and data as the Commissioner shall deem adequate and appropriate. (2) The allotment ratios shall be promulgated by the Commissioner for each fiscal year, between July 1 and September 30 of the preceding fiscal year, except that for the fiscal year ending June 30, 1964, such allotment ratios shall be promulgated as soon as possible after the enactment of the Vocational Education Act of 1963. Allotment ratios shall be computed on the basis of the average of the per capita incomes for a State and for all States (exclusive of Puerto Rico, Guam, American Samoa, and the Virgin Islands) for the three most recent consecutive fiscal years for which satisfactory data is available from the Department of Commerce.

(3) The term "per capita income" for a State or for all the States (exclusive of Puerto Rico, Guam, American Samoa, and the Virgin Islands) for any fiscal year, means the total personnel income for such State, and for all such States, respectively, in the calendar year ending in such fiscal year, divided by the population of such State, and of all such States, respectively, in such fiscal year. (4) The total population and the population of particular age groups of a State or of all the States shall be determined by the Commissioner on the basis of the latest available estimates furnished by the Department of Commerce.

USES OF FEDERAL FUNDS

SEC. 104. (a) A State's allotment under section 103 may be used, in accordance with its approved supplementary State plan, for any or all of the following purposes:

(1) vocational education for persons attending high school;

(2) vocational education for persons who have completed high school or have left elementary or high school but can qualify for full-time study in preparation for entering an occupation;

(3) vocational education for persons (other than persons who are receiving training allowances under the Manpower Development and Training Act of 1962 (Public Law 87-415)) who are or have been engaged in gainful work or work in the home and who need further training or retraining for improving their occupational competencies;

(4) vocational education for persons who have academic, socioeconomic, or other handicaps, that require training programs adapted to the special needs of such persons;

(5) construction of area vocational education program facilities; and

(6) ancillary vocational education services, and supporting research, to assure quality in vocational education programs, including teacher training, supervision, administration, program evaluation, demonstration and experimental programs, development of instructional materials, and leadership development.

(b) Five per centum of the sums appropriated pursuant to section 102 for each fiscal year shall be used by the Commissioner to make grants to State boards for projects approved by such State boards, for use by State or local education agencies to pay part of the cost of experimental, development, or pilot programs developed by such agencies and designed to meet the special vocational education needs of youths, particularly youths in economically depressed communities, who have academic, socioeconomic, or other handicaps.

STATE PLANS

SEC. 105. (a) A State which desires to receive its alloments of Federal funds under this title shall submit through its State board to the Commissioner a supplementary State plan, in such detail as the Commissioner deems necessary, which

(1) designates the State board, designated or created pursuant to section 5 of the Smith-Hughes Act (that is, the Act approved February 23, 1917 (39 Stat. 929)), to secure to the State the benefits of that Act, as the sole agency for administration of the supplementary State plan, or for supervision of the administration thereof by local educational agencies;

(2) sets forth the policies and procedures to be followed by the State in allocating each such allotment among the various uses set forth in clauses (1), (2), (3), (4), (5), and (6) of section 104(a), and in allocating Federal funds to State and local educational agencies in the State, which policies

and procedures insure that due consideration will be given to the relative vocational education needs of all age groups in the State, and that Federal funds made available under this title will be so used as to supplement, and, to the extent practical, increase the amounts of State or local funds that would in the absence of such Federal funds be made available for the uses set forth in section 104(a), and in no case supplant such State or local funds; (3) provides minimum qualifications for teachers, teacher-trainers, supervisors, directors, and others having responsibilities under the supplementary State plan;

(4) provides for consultation with the public employment services in determining reasonable prospects of placement of persons in occupations for which they are to be trained;

(5) sets forth procedures for such fiscal control and fund accounting procedures 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 State and local educational agencies) under this title;

(6) provides assurance that the requirements of section 107 will be complied with on all construction projects in the State assisted under this title; (7) provides for making such reports in such form and containing such information as the Commissioner may reasonably require to carry out his functions under this title, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports; and

(8) sets forth use to be made of advisory committees at State and local levels,

(b) The Commissioner shall approve a supplementary State plan which fulfills the conditions specified in subsection (a), and shall not finally disapprove such supplementary State plan except after reasonable notice and opportunity for a hearing to the State board designated pursuant to clause (1) of sucn subsection.

(c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State board administering a supplementary State plan approved under subsection (b) finds that

(1) the supplementary State plan has been so changed that it no longer complies with the provisions of subsection (a), or

(2) in the administration of the supplementary State plan there is a failure to comply substantially with any such provision,

the Commissioner shall notify such State board that no further payments will be made to the State under this title (or, in his discretion, further payments to the State will be limited to programs under or portions of the supplementary State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to such State under this title (or shall limit payments to programs under or portions of the supplementary State plan not affected by such failure.)

(d) A State board administering a supplementary State plan approved under subsection (b) which is dissatisfied with a final action of the Commissioner under subsection (b) or (c) may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner, or any officer designated by him for that purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record the Commissioner may modify or set aside his action. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceeding. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme

Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action.

PAYMENTS TO STATES

SEC. 106. (a) Any amount paid to a State from its allotment under section 103 for the fiscal year ending June 30, 1964, and for each succeeding fiscal year shall be paid on condition that there shall be expended for such year for vocational education an amount in State or local funds, or both, which at least equals the amount of State and local funds expended by such State and the subdivisions thereof for vocational education during the fiscal year ending June 30, 1963.

(b) Payments of Federal funds allotted to a State under section 103 to States which have supplementary State plans approved under section 105 (as adjusted on account of overpayments or underpayments previously made) shall be made by the Commissioner in advance on the basis of such estimates, in such installments, and at such time, as may be reasonably required for expenditures by the States of the funds so allotted.

LABOR STANDARDS

SEC. 107. All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this title (a) shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the DavisBacon Act, as amended (40 U.S.C. 276a-276a-5), and (b) shall receive overtime compensation in accordance with and subject to the provisions of the Contracts Work Hours Standards Act (Public Law 87-581). The Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

FEDERAL ADMINISTRATION

SEC. 108. There are authorized to be included for each fiscal year in the appropriations for the Department of Health, Education, and Welfare such sums as are necessary to administer the provisions of this title.

DEFINITIONS

SEC. 109. For the purposes of this title

(1) The term "vocational education" means vocational or technical training or retraining which is given in schools or classes (including field or laboratory work incidental thereto) under public supervision and control or under contract with a State or local educational agency, and is conducted as part of a program designed to fit individuals for useful employment or selfemployment (including the occupations for which vocational training is provided under the Vocational Education Act of 1946 and supplementary Vocational education Acts, but excluding such occupations as the State board determines to be generally considered as requiring a baccalaureate or higher degree). Such term includes vocational guidance in connection with such training, the training of teachers, teacher-trainers, supervisors, and directors for such training, travel of students and vocational educational personnel, and the acquisition and maintenance and repair of instructional teaching aids and equipment and acquisition of instructional supplies, but does not include the construction or initial equipment of buildings, or the acquisition or rental of land.

(2) The term “area vocational education program facilities" means school facilities as defined in paragraph (4) of this section (A) principally used for the provision of educational education to persons who have completed junior or senior high school or who are sixteen years of age or older and have dropped out of school before completion of high school and who are available for study in preparation for entering the labor market or for improving their occupational competencies, and (B) available to residents of the State or of an area thereof, including two or more high school districts, designated and