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(d) The term "school district" means any public-school administrative unit in a city, county, township, school district, or other political subdivision in a State that is under the direction of a board of education or other legally constituted local school authority having administrative control and direction over taxsupported public education.

(e) The term "school facilities" means classrooms and related facilities (including furniture, equipment, machinery, and utilities necessary or appropriate for school purposes) for education which is provided by a school district for elementary or secondary education, in the applicable State, at public expense and under public supervision and direction; and interests in land (including site, grading, and improvement) on which such facilities are constructed.

(f) The terms "constructing" and "construction" mean the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities.

(g) The term "child of school age" means a child who is between the ages of five and seventeen, both inclusive.

(h) The term "school-age population" means that part of the population which is between the ages of five and seventeen, both inclusive, as determined on the basis of either the actual or estimated population between such ages for the most recent year for which satisfactory data are available from the Department of Commerce.

(i) The term "teacher" means any member of the instructional staff of a public school district as defined by the education agency of each State.

(3) The term "teachers' salaries" means the monetary compensation paid to teachers for services rendered in connection with their employment.

[S. 8, 86th Cong., 1st sess.]

A BILL To authorize an emergency two-year program of Federal financial assistance in school construction to the States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "School Construction Assistance Act of 1959".

SEC. 2. For purposes of this Act

DEFINITIONS

(1) The term "Commissioner" means the United States Commissioner of Education;

(2) The term "State" means a State, Hawaii, Puerto Rico, Guam, the Virgin Islands, the District of Columbia, American Samoa, or the Canal Zone;

(3) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law;

(4) The term "school facilities" means classrooms and related facilities (including initial equipment, machinery, and utilities necessary or appropriate for school purposes), for education which is provided as elementary or secondary education, in the applicable State, at public expense and under public supervision and direction, except that such term does not include athletic stadiums, or other structures or facilities, intended primarily for events, such as athletic exhibitions, contests, or games, for which admission is to be charged to the general public, or off-site improvement, or structures or facilities designed to be used exclusively for special activities, such as single-purpose auditoriums and gymnasiums; and (5) The term "construction" includes the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities.

FINDINGS AND DECLARATION OF PURPOSE

SEC. 3. The Congress finds that there is a serious national shortage of public elementary and secondary school facilities despite strenuous efforts of the States and local communities, which because of limited financial resources have not been adequate to provide necessary construction programs to eliminate such shortages.

The Congress, while recognizing that responsibility for providing adequate school facilities is primarily that of the several States and their communities, finds that the national interest in our public school system requires that the Federal Government assist State and local governments, consistent with their respective responsibilities, in meeting school construction needs at least in the current emergency. It is the purpose of this Act to provide such emergency assistance to the States, so that this critical problem of inadequate school facilities may be attacked immediately in the light of current and anticipated school shortages, by authorizing grants to the States to be disbursed on order of the State educational agencies.

AUTHORIZATION OF APPROPRIATIONS

SEC. 4. There are hereby authorized to be appropriated for the fiscal year beginning July 1, 1959, and the next succeeding fiscal year, such amounts, not to exceed $1,000,000,000 in either fiscal year, as may be necessary for making payments to the States under this Act for the construction of school facilities.

ALLOTMENTS TO STATES

SEC. 5. From the total funds appropriated for any fiscal year pursuant to section 4, the Commissioner shall allot to each State an amount which bears the same ratio to the total funds so appropriated as the school-age population of the State bears to the total of the school-age populations of all the States. As used in this section, the term "school-age population" means that part of the population which is between the ages of five and seventeen, both inclusive, as determined on the basis of the most recent estimates certified by the Secretary of Commerce.

QUALIFICATION BY STATES

SEC. 6. In order to qualify for receiving funds authorized in this Act a State shall by appropriate State action—

(1) accept the provisions of this Act and provide for the administration of funds to be received;

(2) provide that the State treasurer or corresponding official in the State shall receive the funds paid to the State under this Act and shall be required to submit to the Commissioner, on or before the 1st day of November of each year, for transmission to Congress, a detailed statement of the amount so received for the preceding fiscal year and its disbursement;

(3) provide that its State educational agency shall represent the State in the administration of funds received;

(4) provide for an annual audit, and for the submission of a copy thereof to the Commissioner, of the expenditure of funds received under this Act, and for a system of reports from local school jurisdictions and other educational agencies to the State educational agency;

(5) provide assurance satisfactory to the Commissioner that during each fiscal year in which funds are provided under this Act an amount of State or local funds, or both, at least equal to the funds provided under this Act will be spent for the same purposes for which funds are provided under this Act, and that such amount of State or local funds, or both, will be in excess of the average amount of State and local funds spent (including commitments made) for the construction of school facilities in such State during the three fiscal years preceding the first fiscal year in which funds are made available under this Act;

(6) provide that its State educational agency will make reports to the Commissioner, in such form and containing such information, as is reasonably necessary to enable the Commissioner to perform his duties under this Act; and

(7) transmit through its State educational agency to the Commissioner notice of acceptance and certified copies of the legislative enactments and the administrative regulations that may be issued by the State educational

agency in connection with such funds, and any amendment of such enactments and revisions of regulations shall in like manner be transmitted to the Commissioner.

PAYMENT OF FUNDS

SEO. 7. The Commissioner shall certify to the Secretary of the Treasury for each fiscal year the amount allotted under section 5 to be paid to each State that has qualified under section 6, and the Secretary of the Treasury shall, through the fiscal service of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the treasurer or corresponding official of such State the amount certified for such fiscal year in four equal installments, as soon after the first day of each quarter as may be feasible, beginning with the first quarter of the fiscal year for which appropriations authorized in this Act are available. Such treasurer or corresponding official shall pay out such funds only on the requisition of the State educational agency.

APPEAL

SEC. 8. In the event a State educational agency is dissatisfied with any action by the Commissioner taken with respect to such State pursuant to this Act, or with his failure to take any action with respect to such State pursuant to this Act, such agency may appeal to the Commissioner to change the action he has taken or to take the action he has failed to take, and to present to him in support of such appeal such statement and other evidence as such agency may deem appropriate. If the action taken by the Commissioner on such appeal is not satisfactory to such agency, or if he fails to act thereon within ninety days after he receives such appeal, such agency shall have the right to appeal to the United States district court for any district in which any part of such State is located. The court shall receive in evidence a copy of the statements and other evidence presented by such agency to the Commissioner, and such further evidence as the court in its discretion deems proper; and shall have jurisdiction to enter such judgments as the facts and the law may require.

APPROPRIATION FOR ADMINISTRATION

SEC. 9. There are hereby authorized to be appropriated to the Department of Health, Education, and Welfare such sums as may be necessary for administration of this Act.

DELEGATION OF FUNCTIONS

SEC. 10. The Commissioner may delegate to any officer or employee of the Office of Education any of his functions under this Act except the making of regulations.

ASSURANCE AGAINST FEDERAL INTERFERENCE IN SCHOOLS

SEC. 11. In the administration of this Act, no department, agency, officer, or employee of the United States shall exercise any direction, supervision, or control over the personnel, curriculum, or program of instruction of any school or school system.

[S. 631, 86th Cong., 1st sess.]

▲ BILL To authorize assistance to States for the financial support of public elementary and secondary schools

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "School Assistance Act of 1959".

FINDINGS AND PURPOSES OF ACT

SEO. 2. The Congress finds that despite sustained and vigorous efforts by the States and local communities, financial resources available for the financing of public elementary and secondary schools are not adequate.

While the Congress recognizes that responsibility for providing funds for public elementary and secondary schools lies primarily with the States and local communities, the national interest requires that the Federal Government assist State and local governments in improving the performance of those schools.

AUTHORIZATION OF APPROPRIATIONS

SEC. 3. There is hereby authorized to be appropriated for the fiscal year beginning July 1, 1959, $500,000,000 and for succeeding fiscal years such amounts as Congress shall determine.

ALLOTMENTS AND PAYMENTS TO STATES

SEC. 4. (a) The Commissioner shall allot for each fiscal year to each State from the total amount appropriated for such year pursuant to section 3, an amount which bears the same ratio to the total appropriation as such State's school-age population bears to the total school-age population of all the States.

(b) Upon certification of the allotment for each State by the Commissioner to the Secretary of the Treasury not later than the first day of the fiscal year for which the allotment is made, the Secretary of the Treasury shall pay to each State one-fourth of its allotment on or before the following July 31, one-fourth on or before the following October 31, one-fourth on or before the following January 31, and one-fourth on or before the following April 30 of that fiscal year.

PURPOSES FOR WHICH FEDERAL FUNDS MAY BE EXPENDED

SEC. 5. Upon receipt by the State, funds allocated under this Act shall thereafter be deemed to be State funds, and each State educational agency shall add the funds received under this Act to State funds appropriated for public elementary or secondary schools to be distributed under State law to local educational agencies in the State.

MAINTENANCE OF EFFORT

SEC. 6. (a) The amount allotted to any State under section 4 for any year shall be reduced by the percentage (if any) by which its State school effort index for such year is less than the national school effort index for such year, with the exception that during the first three years that allotments are made this provision shall not be applicable. The total of such reductions shall be reallotted among the remaining States by proportionately increasing the amounts allotted to them under section 4 for such year.

(b) For purposes of subsection (a)

(1) the "State school effort index" for any State for a fiscal year is the quotient obtained by dividing (A) the revenue for schools per public-school child for the State by (B) the personal income per child of school age for the States; except that the State school effort index shall be deemed to be equal to the national school effort index in the case of Hawaii, Puero Rico, the Virgin Islands, Guam, Wake Island, American Samoa, and the District of Columbia.

(2) the "National school effort index" for any fiscal year is the quotient obtained by dividing (A) the revenue for schools per public-school child for the total States of the Union by (B) the personal income per child of school age for the total States of the Union.

(c) (1) The revenue for schools per public-school child for any State for purposes of determining its State school effort index for any fiscal year means the quotient obtained by dividing (A) the total current revenue receipts derived from State and local sources in the State for support of elementary and secondary education, as determined by the Commissioner on the basis of data for the most recent school year for which satisfactory data for the several States are available to him, by (B) the number of children in average daily attendance in public elementary and secondary schools in such State, as determined by the Commissioner for such most recent school year.

(2) The revenue for schools per public-school child for the total States of the Union for purposes of determining the national school effort index for any fiscal year means the quotient obtained by dividing (A) the total current revenue receipts derived from State and local sources for support of elementary and secondary education in the total States of the Union, as determined by the

39997-59-2

Commissioner for the same school year as is used under paragraph (1) by (B) the number of children in average daily attendance for such year in public elementary and secondary schools in the total States of the Union, determined as provided in paragraph (1).

(3) The income per child of school age for the several States and for the total States of the Union shall, for the purposes of subsection (b), be determined by the Commissioner on the basis of the personal income per child of school age for the most recent year for which satisfactory data are available from the Department of Commerce.

REPORTING

SEC. 7. Each State educational agency receiving and distributing funds under this Act shall make a complete report to the Commissioner on how the Federal funds have been distributed not later than the October 31 following the close of each fiscal year. Not later than the January 1 following the close of each fiscal year the Commissioner shall submit all such State reports to the Congress, together with his recommendations for the next fiscal year.

ASSURANCE AGAINST FEDERAL INTERFERENCE IN SCHOOLS

SEC. 8. In the administration of this Act, no department, agency, officer, or employee of the United States shall exercise any direction, supervision, or control over the personnel, curriculum, or program of instruction of any school or school system. The State educational agency shall administer the Act directly under the provisions of the Act itself, and the Congress shall make any needed changes in the Act from time to time on the basis of the State reports, the recommendations of the Commissioner, and on its own initiative.

DEFINITIONS

SEC. 9. For purposes of this Act—

(a) The term "Commissioner" means the United States Commissioner of Education.

(b) The term "State" means a State, Hawaii, Puerto Rico, Guam, the Virgin Islands, Wake Island, the District of Columbia, and American Samoa.

(c) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(d) The term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a city, county, township, school district, or political subdivision in a State; and includes any State agency which directly operates and maintains public schools.

(e) The term "school-age population" means that part of the population which is between the ages of five and seventeen, both inclusive, and such schoolage population for the several States shall be determined by the Commissioner on the basis of the population between such ages for the most recent year for which satisfactory data are available from the Department of Commerce.

[S. 816, 86th Cong., 1st sess.]

A BILL To provide financial assistance to the States for educational purposes by returning to the States a portion of the Federal income taxes collected therein

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. This Act may be cited as the "Educational Financial Assistance Act of 1959."

STATEMENT OF FINDINGS AND PURPOSE

SEC. 2. (a) The Congress hereby finds and declares that the Nation's most precious resource is it young people. The full development of their potential skills, the maximum utilization of their talents, and the preservation of their God-given right to equal opportunity with their fellows to realize their capabilities are of paramount importance to the Nation. The attainment of these objectives is primarily the responsibility of the public school system. Education

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