Welfare (Senator Humphrey, of Minnesota, and others) introduced the composite bill (S. 2317), while Representative Mitchell, of Washington, introduced a similar bill (H. R. 5718) in the House. These bills proposed to (1) authorize $5 million to be paid to the States for an inventory of existing school facilities and for a survey of the need to construct additional facilities; (2) authorize such sums each fiscal year as might be determined by the Congress for allotment to the States to assist them in the construction of such elementary and secondary school facilities as determined by the respective State educational agencies; (3) reserve for emergency needs, created by concentrations of defense industry and Federal activities, for the fiscal year beginning July 1, 1949, 70 percent of the first $100 million, plus 10 percent of the excess, appropriated pursuant to this act. An amended version of S. 2317 passed the Senate on October 17, 1949, and was referred to the House Committee on Education and Labor as the 1st session of the 81st Congress adjourned on October 17. Action on bills proposing Federal aid to school construction during the 2d session of the 81st Congress culminated in enactment of Public Law 815. 82d Congress S. 3 and S. 39, introduced by Senator McCarran, of Nevada, and H. R. 1663, introduced by Representative Rains, of Alabama, in the 1st session of the 82d Congress proposed to authorize the Federal Works Administrator to make loans and grants to local school agencies for the construction, remodeling, etc., of school facilities approved by State educational agencies. The bills proposed grants equal to 50 percent of the cost of the facilities, subject to an increase up to a maximum of 75 percent in the case of public-land States. H. R. 3362, introduced by Representative Mitchell, proposed to authorize the appropriation of such sums each fiscal year as might be determined by Congress for allotment to the States to assist them in the construction of public elementary and secondary school facilities as the United States Commissioner of Education should determine to be necessary. Federal funds to be expended in the year beginning July 1, 1951, would have been reserved for critical projects made so by reason of rapid increase in school-age children through Federal defense or other activities. H. R. 4545, introduced by Representative Bailey, of West Virginia, proposed general Federal financial assistance to the States and Terri tories for the construction of public elementary and secondary school facilities, according to a prescribed method of apportionment. H. R. 4913, introduced by Representative Perkins, of Kentucky, would have authorized the appropriation of $500 million for the year ended June 30, 1953, and for each of the 2 succeeding years, to assist the States in the acquisition and construction of urgently needed plant facilities for elementary, secondary, and vocational schools. In the second session of the 82d Congress, Senators Hill, of Alabama, and Murray, of Montana, introduced S. 3358, proposing to amend Public Law 815, 81st Congress, and provide a general program of Federal financial assistance to the States and Territories in the construction of public elementary and secondary school facilities. The bill proposed a method of apportionment taking into consideration a number of factors. 1 H. R. 8145, introduced by Representative Bailey, proposed changes 1 the provisions for Federal aid to State educational agencies affected y Federal activities (Public Law 815). The bill furthermore proosed to authorize appropriations for the fiscal years 1953 and for ach of the 5 succeeding fiscal years, of such sums necessary to provide rgently needed minimum classroom facilities in States which, on ccount of increased enrollments, high cost of construction, lack of lequate funds, or lack of adequate sources of funds would be unable › meet the need. None of these bills was reported out of committee. 3d Congress A total of 31 bills and joint resolutions proposing some form of ederal aid to school construction were introduced in the 1st session the 83d Congress. Of these, 16 related only to school construction areas especially affected by Federal activities, or to specific locales named in the proposals. H. R. 6049, introduced by Representative Carroll D. Kearns on ly 1, 1953, became Public Law 246, approved August 8, 1953. It mended Public Law 815 of the 81st Congress, providing Federal sistance for the construction of school facilities in certain localities ected by Federal activities. Bills proposing more general Federal aid to school construction were roduced during the first session by the following Members: Senators ements, Cooper, Humphrey, and McCarran, and Representatives ttle, Bennett of Florida, Elliott, Perkins, Rains, Smith of Missispi, and Watts. During the second session 21 school-construction bills were intro- Public Law 731, introduced as S. 3628 on June 17, 1954, by Senator The Education Subcommittee of the Senate Committee on Labor the House of Representatives a special subcommittee of the mittee on Education and Labor favorably reported H. R. 10149, mended form of a bill originally introduced by Representative UNIVERSITY OF MICHIGAN FIRRARIES Peter Frelinghuy S. 2601. No gen full Committee o Under the cha special Subcomm hearings on this s had adjourned).. in the introductio CHAPTER III. LEGISLATION IN EFFECT AND PENDING PROPOSALS CONTENTS A. Current Federal aid for school construction. B. Other current aid to elementary and secondary education. 1. Senate bills. 2. House bills. D. Pending proposals for other forms of aid: 1. Senate bills. 2. House bills. A. CURRENT FEDERAL AID FOR SCHOOL CONSTRUCTION The only program of Federal aid for school construction now in eration is that provided for federally affected school districts under blic Law 815, 81st Congress, as amended by Public Laws 246 and 1, 83d Congress. The principal provisions of Public Law 815 have en set forth in the preceding chapter of this report. Public Law 246, introduced by Representative Carroll D. Kearns, proved August 8, 1953, added to Public Law 815 a new title III purpose of which is provide assistance for the construction of urgently needed minimum school ilities in school districts which, since the school year 1951-52, have had subntial increases in school membership as a result of new or increased Federal ivities. The law authorizes Federal payments as follows: (1) 95 percent of cost of providing minimum school facilities needed because of reases in enrollment of children whose parents live and work on leral property; (2) 50 percent of such cost because of increases in ollment of children whose parents either live or work on Federal perty (instead of 70 percent previously provided under Public v 815); and (3) 45 percent of such cost because of increases in ollment of children whose parents came into the district as a ect result of Federal activity, if the school district is in an area eting certain criteria. 'ublic Law 246 also adds a new title IV to Public Law 815 authorizappropriation of $20 million for school construction assistance to ain districts enrolling substantial numbers of children who reside Federal property, even though these districts may not have experied an increase in enrollments in recent years. These districts are stly those which enroll large numbers of Indian children living on exempt Indian property and which therefore have inadequate tax urces to provide the necessary school facilities. ublic Law 246 also includes an authorization for appropriation of million to pay not more than 70 percent of unpaid entitlements for school construction projects amounting to $95 million for which appropriations had not been made prior to the expiration of appropria tion authorization under title II of Public Law 815. However, there is a restriction on reimbursements. Following is a digest of Public Law 246, 83d Congress:1 Authorizes necessary appropriations for the construction of urgently needed minimum school facilities for fiscal year ending June 30, 1954, and succeeding fiscal year in school districts which, since the school year 1951-52, have had substantial increases in school membership as a result of new or increased Federal activities. Directs that applications for payments hereunder must be filed by June 30, 1954, and provides for "orders of priority" for approval of applications the amounts of which exceed amounts available for local educational agencies. Limits payments to local educational agencies by application of the following formulas: (1) The estimated increase, since the school year 1951-52, of childres residing on and one of whose parents is employed on Federal property, located wholly or in part in the same State or within reasonable commuting distance from such school district, multiplied by 95 percent of the average per pupil State school construction cost of minimum school facilities; (2) same formula as (1) above, except where one condition only exists, i. e., where the child resides on Federal property or the child resides with a parent employed on Federal property, the estimated increase is multiplied by 50 percent; (3) the estimated increase since the regular school year 1951-52, in the number of children whose membership results directly from activities of the United States, multiplied by 45 percent of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated if the President finds that the area meets specified conditions. In no case shall the Federal share of the project exceed the cost of constructing minimum school facilities in the school district of the applicant. Provides formula for computing increase in the number of children; defines "critical defense area"; permits election by local educational agency if a child may qualify under either of the preceding provisions. Restricts eligibility of otherwise qualifying local educational agencies to increases of children of not less than 20 and equal to 5 percent in cases of (1) and (2) above; or in the case of (3) above, to 10 percent by way of estimated increase and also requires that such agency would otherwise be subject to an undue financial burden on the taxing and borrowing authority, but permits the Commissioner, in his judgment, to waive or reduce any percentage requirements if exceptional circumstances exist which makes such action necessary to avoid inequity and avoid defeating the purposes of this act. Affords reasonable notice and opportunity for a hearing to local educational agencies whose application for Federal aid have been denied by the Commissioner of Education. Upon approval of application the Commissioner shall pay such agency 10 percent of the Federal cost of the project, the rest to be paid after final drawings, etc., and construction contract entered into in accordance with regulations prescribed by him. Authorizes additional grants to local educational agencies where the applications would be approved but for the agency's inability to finance the non-Federal share of the project cost, or where the application is approved, but because of disaster the local agency cannot finance the non-Federal share. Provides for temporary school facilities for children whose membership is of temporary duration only; authorizes school facilities for children residing on Federal property on June 30, 1954, for whom local agencies are unable to provide education, Indian children and those residing on Federal property under the control of the Atomic Energy Commission excepted. Directs withholding of payments if the applicant fails to comply with the approved program. Authorizes $20 million for additional assistance to local educational agencies ineligible for assistance under this act if it is found that (1) the immunity of Federal property from taxation has impaired the ability to finance school activities, (2 such agency is using due diligence to avail itself of tax and other financial assistarce to that end, (3) such agency does not have sufficient funds available from Federal State, or local sources to finance such. Authorizes appropriations of not more than $55 million to make reduced payments to such agencies on account of such unpaid entitlements. The reduction is to be made by subtracting from the unpaid en titlements any amounts representing reimbursement for expendi ures for school construction under contracts entered into before the enactment of Public Law 815, 81st Congress, and by limiting payments to 70 percent of the entitlements as so reduced. 1 Digest prepared in the American Law Division, Legislative Reference Service, Library of Congress. |