reasonable exercise of taxing and borrowing powers, undertake the construction project without Federal assistance.

he may waive the provisions of clauses (3) and (4) of section 4 (a) and, if the State plan and such application otherwise comply with sections 4 and 6, approve such application whereupon such application shall be deemed approved for all purposes of this Act, and not to exceed 50 per centum of the State's allotment for the fiscal year ending June 30, 1950, shall become available for obligation and payment of the Federal percentage of the costs of construction of this and other projects for which applications are made and approved under this section.

(b) The Commissioner shall prescribe regulations to govern his findings and other actions under this section, and such regulations shall provide reasonable assurance that each State will give equitable consideration to the needs of school districts overburdened with war-incurred or defense-incurred school enrollments.

ADMINISTRATIVE EXPENSES

SEC. 8. (a) From its allotment under section 5 (a), each State which has a plan under this Act shall be entitled to receive a sum equal to the Federal percentage for such State of the amount which the Commissioner determines to be necessary for the proper and efficient administration of such plan. The Commissioner shall from time to time estimate the sum to which each State will be entitled under this section, during such ensuing period as he may determine.

(b) There is authorized to be appropriated to the Federal Security Agency for each of the six fiscal years during the period beginning July 1, 1950, and ending June 30, 1956, such sum as may be necessary to enable it to carry out its functions under this Act.

(c) There is authorized to be appropriated to the Federal Works Agency for each of the six fiscal years during the period beginning July 1, 1950, and ending June 30, 1956, such sum as may be necessary to enable it to carry out its functions under this Act.

DEFINITIONS

SEC. 9. (a) The Federal percentages with respect to any State shall be 100 per centum less the non-Federal percentage; and the non-Federal percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of continental United States (excluding Alaska), except that (1) the non-Federal percentage shall in no case be more than 75 per centum or less than 33% per centum; (2) the non-Federal percentage for Alaska and Hawaii shall be 50 per centum each, and the nonFederal percentage for Puerto Rico and the Virgin Islands shall be 25 per centum. (b) The Federal percentage shall be promulgated by the Commissioner between July 1 and August 31 of each odd-numbered year, on the basis of the average per capita incomes of the States and of the continental United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation: Provided, That the Commissioner shall promulgate such percentages as soon as possible after the enactment of this title, which promulgation shall be conclusive for the fiscal year ending June 30, 1950.

(c) The term "State" includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, and the District of Columbia.

(d) The term "construction" includes architectural and engineering surveys, plans, working drawings, specifications, procedures, and other action preliminary to construction, including architects' fees, but excluding the cost of off-site improvements, construction of new buildings, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings.

(e) The term "State agency" means as the State legislature may determine, (1) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (2) a board of education controlling the State department of education; except that in the District of Columbia it shall mean the Board of Education, and in the Virgin Islands it shall mean the Governor.

(f) The term "school" includes any school of less than college grade which is tax-supported and publicly administered.

SEPARABILITY CLAUSE

SEC. 10. If any provisions of this Act, or the application thereof to any State, person, or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other States, persons, or circumstances shall not be affected thereby.

PRESERVATION OF STATE CONTROL OF EDUCATION

SEC. 11. (a) Except as otherwise specifically provided, nothing in this Act shall be construed as conferring on any department, agency, or officer of the United States the right to exercise any supervision or control over any school, or any State educational institution or agency, with respect to which any funds have been or may be expended pursuant to this Act, nor shall any term or condition of any agreement under this Act to or on behalf of, any such school or agency, prescribe or result in control of its administration, personnel, curriculum, instruction, methods of instruction, or materials for instruction.

(b) The Commissioner shall call a conference of the chief executive officers of the State agencies annually to advise with respect to the administration of this Act. Upon the application of the chief executive officers of five or more States it shall be the duty of the Commissioner to call a conference of all the State agency executive officers joining in the request.

[S. 1699, 81st Cong., 1st sess.]

A BILL To provide Federal aid to the States for the construction of public-school facilities Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-SHORT TITLE AND DEFINITIONS

SHORT TITLE

SECTION 1. This Act may be cited as the "School Construction Act of 1949."

DEFINITIONS

SEC. 2. For the purposes of this Act—

(1) The term "Commissioner" means the Commissioner of the Office of Education, Federal Security Agency.

(2) The term "Administrator" means the Administrator of the Federal Security Agency.

(3) The term "State" includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, and the District of Columbia.

(4) The term "schools" means pre-elementary schools, elementary schools, and secondary schools.

(5) The term "public schools" means tax-supported schools.

(6) The school population of the several States shall be determined on the basis of the latest figures certified by the Department of Commerce.

(7) The term "construction" includes construction of new buildings, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings; including architects' fees, but excluding the cost of off-site improvements and the cost of the acquisition of land.

(8) The term "cost of construction" means the amount found by the Commissioner to be necessary for the construction of a project.

TITLE II-DECLARATION OF PURPOSE

SEC. 21. The purpose of this Act is to assist the several States

(a) to inventory their existing schools (as defined in section 2), to survey the need for construction of schools, and to develop programs for construction of such public schools as will, in conjunction with existing facilities, afford the necessary physical facilities for providing education for the children in such States; and

(b) to construct public schools in accordance with such programs.

TITLE III-SURVEYS AND PLANNING

AUTHORIZATION OF APPROPRIATION

SEC. 31. In order to assist the States in carrying out the purposes of section 21 (a), there is hereby authorized to be appropriated the sum of $3,000,000, to remain available until expended. The sums appropriated under this section shall be used for making payments to States which have submitted, and had approved by the Commissioner, State applications for funds for carrying out such purposes.

STATE APPLICATIONS

SEC. 32. (a) To be approved, a State application for funds for carrying out the purposes of section 21 (a) must

(1) designate a single State agency as the sole agency for carrying out such purposes: Provided, That, after a State plan has been approved under section 43, any further survey or programing functions shall be carried out, pursuant to section 43 (a) (10), by the agency designated in accordance with section 43 (a) (1);

(2) provide for the designation of a State advisory council, which shall include representatives of nongovernment organizations or groups, and of State agencies, concerned with the construction or utilization of schools, including representatives selected from among persons familiar with the need for schools in urban or rural areas, to consult with the State agency in carrying out such purposes;

(3) provide for making an inventory and survey in accordance with section 21 (a) containing all information required by the Commissioner, and for developing a program in accordance with section 21 (a) and with regulations prescribed under section 42; and

(4) provide that the State agency will make such reports, in such form and containing such information, as the Commissioner may from time to time reasonably require, and give the Commissioner, upon demand, access to the records on which such reports are based.

(b) The Commissioner shall approve any application for funds which complies with the provisions of subsection (a).

ALLOTMENTS TO STATES

SEC. 33. (a) Each State for which a State application under section 32 has been approved shall be entitled to an allotment of such proportion of any appropriation made pursuant to section 31 as its school population bears to the school population of all the States, and within such allotment it shall be entitled to receive 50 per centum of its expenditures in carrying out the purposes of section 21 (a) in accordance with its application: Provided, That no such allotment to any State shall be less than $10,000. The Commissioner shall from time to time estimate the sum to which each State will be entitled under this section, during such ensuing period as he may determine, and shall thereupon certify to the Secretary of the Treasury the amount so estimated, reduced or increased, as the case may be, by any sum by which the Commissioner finds that his estimate for any prior period was greater or less than the amount to which the State was entitled for such period. The Secretary of the Treasury shall thereupon, prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Commissioner, the amount so certified.

(b) Any funds paid to a State under this section and not expended for the purposes for which paid shall be repaid to the Treasury of the United States.

TITLE IV-CONSTRUCTION OF SCHOOLS

AUTHORIZATION OF APPROPRIATIONS

SEC. 41. In order to assist the States in carrying out the purposes of section 21 (b) there is hereby authorized to be appropriated for the fiscal year ending June 30, 1950, and for each of the four succeeding fiscal years, the sum of $250,000,000 for the construction of public schools; and there are further authorized to be appropriated for such construction the sums provided in section 44. The sums appropriated pursuant to this section shall be used for making payments to States which have submitted, and had approved by the Commissioner, State plans for carrying out the purposes of section 21 (b); and for making payments to political subdivisions of, and public agencies in, such States.

GENERAL REGULATIONS

SEC. 42. Within six months after the enactment of this Act, the Commissioner, with the approval of the Federal School Council and the Administrator, shall by general regulation prescribe

(a) the number and types of schools required to provide adequate physical facilities for the education of children residing in a State, and the general method or methods by which such schools shall be distributed among base areas, intermediate areas, and rural areas;

(b) the general manner in which the State agency shall determine the priority of projects based on the relative need of different sections of the population and of different areas lacking adequate school facilities, giving special consideration to schools serving rural communities and areas with relatively small financial resources;

(c) general standards of construction and equipment for schools of different types and in different locations;

(d) that the State plan shall provide for adequate school facilities for the children of persons residing in a State without discrimination on account of race, creed, or color. Such regulation may require that before approval of any application for a school or addition to a school is recommended by a State agency, assurance shall be received by the State from the applicant that such school or addition to a school will be made available to all children residing in the territorial area of the applicant, without discrimination on account of race, creed, or color, but an exception shall be made in cases where separate school facilities are provided for separate population groups, if the plan makes equitable provision on the basis of need for facilities of like quality for each such group;

(e) general methods of administration of the plan by the designated State agency, subject to the limitations set forth in section 43 (a) (6) and (8).

STATE PLANS

SEC. 43. (a) After such regulations have been issued, any State desiring to take advantage of this title may submit a State plan for carrying out the purposes of section 21 (b). Such State plan must

(1) designate a single State agency as the sole agency for the administration of the plan, or designate such agency as the sole agency for supervising the administration of the plan;

(2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) hereof will have authority to carry out such plan in conformity with this title;

(3) provide for the designation of a State advisory council which shall include representatives of nongovernment organizations or groups, and of State agencies, concerned with the construction or utilization of schools, including representatives selected from among persons familiar with the need for schools in urban or rural areas, to consult with the State agency in carrying out such plan;

(4) set forth a public school construction program (A) which is based on a State-wide inventory of existing schools and survey of need; (B) which conforms with the regulations prescribed by the Commissioner under section 42 (a); (C) which, in the case of a State which has developed a program under title III of this Act, cor forms to the program so developed, except for any modification required in order to comply with regulations prescribed pursuant to section 42 (a), and except for any modification recommended by the State agency designated pursuant to paragraph (1) of this subsection and approved by the Commissioner; and (D) which meets the requirements as to lack of discrimination on account of race, creed, or color required by regulations prescribed under section 42 (d);

(5) set forth the relative need determined in accordance with the regulations prescribed under section 42 (b) for the several projects included in such programs, and provide for the construction, insofar as financial resources available therefor and for maintenance and operation make possible, in the order of such relative need;

(6) provide such methods of administration of the State plan, including methods relating to the establishment and maintenance of personnel standards on a merit basis (except that the Commissioner shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods), as the Commissioner prescribes by regulation under section 42 (e);

(7) provide minimum standards (to be fixed in the discretion of the State) for the maintenance and operation of schools which receive Federal aid under this part;

(8) provide for affording to every applicant for a construction project an opportunity for hearing before the State agency;

(9) provide that the State agency will make such reports in such form and containing such information as the Commissioner may from time to time reasonably require, and give the Commissioner, upon demand, access to the records upon which such information is based; and

(10) provide that the State agency will from time to time review its school construction program and submit to the Commissioner any modifications thereof which it considers necessary.

(b) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsection (a). If any such plan or modification thereof shall have been disapproved by the Commissioner for failure to comply with subsection (a), the Federal School Council shall, upon request of the State agency, afford it ar opportunity for hearing. If such Council determines that the plan or modification complies with the provisions of such subsection, the Commissioner shall thereupon approve such plan or modification. (c) No changes in a State plan shall be required within two years after initial approval thereof, or within two years after any change thereafter required therein, by reason of any change in the regulations prescribed pursuant to section 42, except with the consent of the State, or in accordance with further action by the Congress.

(d) If any State, prior to July 1, 1950, has not enacted legislation providing that compliance with minimum standards of maintenance and operation shall be required prior to that date (or, at the option of the State, required within such time after enactment of the legislation as the Commissioner finds reasonable) in the case of schools which shall have received Federal aid under this title, such State shall not be entitled to any further allotments under section 44 until such time as such State has enacted such legislation. Upon enactment of such legislation after July 1, 1950, the prohibition in this subsection against further allotments to such State under this part shall no longer be effective and such State shall, subject to the other requirements of this part, be entitled to allotments under section 44 for the fiscal year in which such legislation is enacted and for the preceding fiscal year.

ALLOTMENTS TO STATES

SEC. 44. Each State for which a State plan has been approved prior to or during a fiscal year shall be entitled for such year to an allotment of a sum bearing the same ratio to the sums authorized to be appropriated pursuant to section 41 for such year as the school population of such State bears to the school population of all of the States: Provided, That no such allotment to any State shall be less than $300,000 but for the purpose of this proviso the term "State" shall not include the Virgin Islands. The amount of the allotment to a State shall be available, in accordance with the provisions of this title, for payment of the Federal share (determined as provided in section 45 (b)) of the cost of approved projects within such State. The Commissioner shall calculate the allotments to be made under this section and notify the Secretary of the Treasury of the amounts thereof. Sums allotted to a State for a fiscal year for construction and remaining unobligated at the end of such year shall remain available to such State for such purpose for the next fiscal year (and for such year only), in addition to the sums allotted for such State for such next fiscal year. Any amount of the sum authorized to be appropriated for a fiscal year which is not appropriated for such year, or which is not allotted in such year by reason of the failure of any State or States to have plans approved under this title, and any amount allotted to a State but remaining unobligated at the end of the period for which it is available to such State, is hereby authorized to be appropriated for the next fiscal year in addition to the sum otherwise authorized under section 41.

APPROVAL OF PROJECTS AND PAYMENTS FOR CONSTRUCTION

SEC. 45. (a) For each project for construction pursuant to a State plan approved under this part, there shall be submitted to the Commissioner through the State agency an application by the State or a political subdivision thereof or by a public agency. Such application shall set forth (1) a description of the site for such project, (2) plans and specifications therefor in accordance with the regulations prescribed by the Commissioner under section 42 (c), (3) reasonable assurance