An Act to amend Public Law 874 of the 81st Congress so as to make improvements in its provisions and extend its duration for a 2-year period, and for other purposes
PL 83-248 (H.R.6078), enacted 08/08/1953

530 
PUBLIC LAW 248-AUG. 8, 1953 
[67 
S T A T . 
Public Law 248 
CHAPTER 402 
August 8,1953 
[H. R. 6078] 
E d u c a t i o n a l 
agencies affected 
by Federal activi-
ties. 
64 Stat. 1101. 
20 u s e 237. 
20 u s e 238. 
AN ACT 
To amend Public Law 874 of the Eighty-first Congress so as to make improve-
ments in its provisions and extend its duration for a two-year period, and for 
other purposes. 
Be it enacted hy the Seriate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) the first 
sentence of section 2 (a) of the Act of September 30,1950 (Public Law 
874, Eighty-first Congress), is amended by striking out "three succeed-
ing fiscal years" and inserting in lieu thereof "five succeeding fiscal 
years". 
(b) Such section 2 (a) is further amended by inserting "with 
respect to the property so acquired" after the phrase "other Federal 
payments" wherever such phrase appears therein. 
(c) Section 2 (b) (1) of such Act is amended by inserting after 
"Act" the following: ", and property taxes paid with respect to 
Federal property, whether or not such taxes are paid by the United 
States". 
SEC. 2 (a) (1) Subsections (a) and (b) of section 3 of such Act are 
amended to read as follows: 
"CHILDREN 
RESIDING ON, OR WHOSE 
PARENTS 
ARE 
EMPLOYED 
ON, 
FEDERAL PROPERTY 
63 Stat. 804. 
37 u s e 231. 
"CHILDREN OF PERSONS WHO RESIDE AND WORK ON FEDERAL PROPERTY 
"SEC. 3. (a) For the purpose of computing the amount to which a 
local educational agency is entitled under this section for any fiscal 
year ending prior to July 1, 1956, the Commissioner shall determine 
the 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, and who, while in attend-
ance at such schools, resided on Federal property and (1) did so with 
a parent employed on Federal property situated in whole or in part 
in the same State as the school district of such agency or situated 
within reasonable commuting distance from the school district of such 
agency, or (2) had a parent who was on active duty in the uniformed 
services (as defined in section 102 of the Career Compensation Act of 
1949). 
"CHILDREN OF PERSONS WHO RESIDE OR WORK ON FEDERAL PROPERTY 
"(b) For such purpose, the Commissioner shall also determine the 
number of children who were in average daily attendance at the 
schools of a local educational agency, and for whom such agency pro-
vided free public education, during the preceding fiscal year (other 
than those specified in subsection (a) hereof) and who, while in 
attendance at such schools, either resided on Federal property, or 
resided with a parent employed on Federal property situated in 
whole or in part in the same State as such agency or situated within 
reasonable commuting distance from the school district of such 
agency." 
(2) Such section is further amended by striking out subsections 
(d), (e), and (f), by redesignating subsections (c) and (g) as sub-
sections (d) and (e), respectively, and by inserting after subsection 
(b) the following new subsection: 
67 S T A T . ] 
PUBLIC LAW 248-AUG. 8. 1953 
531 
"COMPUTATION OF AMOUNT OF ENTITLEMENT 
"(c) (1) The amount to which a local educational agency is entitled 
under this section for any fiscal year ending prior to July 1, 1956, 
shall be an amount equal to (A) the local contribution rate (deter-
mined under subsection (d)) multiplied by (B) the sum of the num-
ber of children determined under subsection (a) and one-half of the 
number determined under subsection (b), 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; except that no local educational agency shall 
be entitled to any payment under this section for any fiscal year unless 
the sum of the number of children determined under subsection (a) 
and one-half of the number of children determined under subsection 
(b) is ten or more. Notwithstanding the foregoing jprovisions of this 
paragraph, whenever and to the extent that, in his judgment, excep-
tional circumstances exist which make such action necessary to avoid 
inequity and avoid defeating the purposes of this Act, the Commis-
sioner may waive or reduce the 3 per centum deduction, or the require-
ment of ten or more children, contained in this paragraph, or both. 
"(2) 
If— 
"(A) the amount computed under paragraph (1) for a local 
educational agency for any fiscal year ending prior to July 1, 
1956, together with the funds available to such agency from State, 
local, and other Federal sources (including funds available under 
section 4 of this Act) is, in the judgment of the Commissioner, 
^°**' ^' ^^^' 
less than the amount necessary to enable such agency to provide 
a level of education equivalent to that maintained in the school 
districts of the State which, in the judgment of the Commissioner, 
are generally comparable to the school district of such agency; 
"(B) such agency is, in the judgment of the Commissioner, 
making a reasonable tax effort and exercising due diligence in 
availing itself of State and other financial assistance; 
"(C) not less than 50 per centum of 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 resided on Federal property; and 
"(D) effective for the fiscal year beginning July 1, 1955, the 
eligibility of such agency under State law for State aid with 
respect to the free public education of children residing on Federal 
property, and the amount of such aid, is determined on a basis 
no less favorable to such agency than the basis used in deter-
mining the eligibility of local educational agencies for State aid, 
and the amount thereof, with respect to the free public education 
of other children in the State, 
the Commissioner may increase the amount computed under para-
graph (1) to the extent necessary to enable such agency to provide a 
level of education equivalent to that maintained in such comparable 
school districts; except that this paragraph shall in no case operate 
to increase the amount computed for any fiscal year under paragraph 
(1) for a local educational agency above the amount determined by 
the Commissioner to be the cost per pupil of providing a level of edu-
cation equivalent to that maintained in such comparable school dis-
tricts, multiplied by the 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 year and who 
resided on Federal property during such preceding year, minus the 
amount of State aid which the Commissioner determines to be avail-
532 
PUBLIC LAW 248-AUG. 8, 1953 
[67 STAT. 
able with respect to such children for the year for which the computa-
tion is being made." 
(b) (1) So much of the subsection of such section 3 herein redesig-
nated as subsection (d) as precedes clause (1) thereof is amended to 
read as follows: 
"LOCAL CONTRIBUTION RATE 
"(d) The local contribution rate for a local educational agency 
(other than a local educational agency in Alaska, Hawaii, Puerto 
Rico, Wake Island, or the Virgin Islands) for any fiscal year shall be 
computed by the Commissioner of Education, after consultation with 
the State educational agency and the local educational agency, in the 
following manner:". 
(2) Clause (1) of such subsection is amended by striking out "most 
nearly comparable" and inserting in lieu thereof "generally com-
parable". 
(c) Such subsection is further amended by adding at the end thereof 
the following new sentences: "In no event shall the local contribution 
rate for any local educational agency in any State in the continental 
United States for any fiscal year be less than 50 per centum of (i) the 
aggregate current expenditures, during the second fiscal year preceding 
such fiscal year, made by all local educational agencies in such State 
(without regard to the source of the funds from which such expendi-
tures were made), divided by (ii) the aggregate number of children in 
average daily attendance to wliom such agencies provided free public 
education during such second preceding fiscal year. 
The local con-
tribution rate for any local educational agency in Alaska, Hawaii, 
Puerto Rico, Wake Island, or the Virgin Islands, shall be determined 
for any fiscal year b j the Commissioner in accordance with policies and 
principles which will, in his judgment, best effectuate the purposes of 
this Act and most nearly approximate the policies and principles 
provided herein for determining local contribution rates in other 
States." 
(d) The subsection of such section herein redesignated as subsection 
(e) is amended by inserting "(other than subsection (c) (2) thereof)" 
after "this section". 
The second parenthetical clause contained in 
such subsection is amended to read as follows: " (but only to the extent 
such payments are not deducted under the last sentence of section 2 
(a) ; and, in the case of Federal payments representing an allotment to 
the local educational agency from United States Forestry Reserve 
funds, Taylor Grazing Act funds. United States Mineral Lease Royalty 
funds. Migratory Bird Conservation Act funds, or similar funds, only 
to the extent that children who reside on or with a parent employed on 
the property with respect to which such funds are paid are included in 
determining the amount to which such agency is entitled under this 
section)". 
^ f^iX' }}^' 
SEC. 3. Subsection (a) of section 4 of such Act is amended to read 
as follows: 
"INCREASES HEREAFTER OCCURRING 
"SEC. 4. (a) If the Commissioner determines for any fiscal year 
ending prior to July 1, 1956— 
"(1) that, as a direct result of activities of the United States 
(carried on either directly or through a contractor), an increase 
in the number of children in average daily attendance at the 
schools of any local educational agency has occurred in such 
fiscal year, which increase so resulting from activities of the 
United States is equal to at least 5 per centum of the number of 
67 S T A T . ] 
PUBLIC LAW 248-AUG. 8, 1953 
533 
all children in average daily attendance at the schools of such 
agency during the preceding fiscal year; and 
"(2) that such activities of the United States have placed on 
such agency a substantial and continuing financial burden; and 
"(3) that such agency is making a reasonable tax effort and is 
exercising due diligence in availing itself of State and other finan-
cial assistance but is unable to secure sufficient funds to meet the 
increased educational costs involved, 
then such agency shall be entitled to receive for such fiscal year an 
amount equal to the product of— 
"(A) the number of children which the Commissioner deter-
mines to be the increase, so resulting from activities of the United 
States, in such year in average daily attendance; and 
"(B) the amount which the Commissioner determines to be the 
current expenditures per child necessary to provide free public 
education to such additional children during such year, minus 
the amount which the Commissioner determines to be available 
from State, local, and Federal sources for such purpose (not 
counting as available for such purpose either payments under 
section 2 of this Act or funds from local sources necessary to 
20u*^c*2V7/* 
provide free public education to other children). 
For the next fiscal year (except where the determination under the 
preceding sentence has been made with respect to the fiscal year ending 
June 30, 1956) such agency shall be entitled to receive 50 per centum 
of such product, but not to exceed for such year the amount which the 
Commissioner determines to be necessary to enable such agency, with 
the State, local, and other Federal funds available to it for such pur-
pose, to provide a level of education equivalent to that maintained in 
the school districts in such State which in his judgment are generally 
comparable to the school district of such agency. 
The determinations 
whether an increase has occurred for purposes of clause (1) hereof 
and whether such increase meets the 5 per centum requirement con-
tained in such clause, for any fiscal year, shall be made on the basis of 
estimates by the Commissioner made prior to the close of such year, 
except that an underestimate made by the Commissioner pursuant to 
the foregoing provisions of this sentence shall not operate to deprive 
an agency of its entitlement to any payments under this section to 
which it would be entitled had the estimate been accurate. 
The 
determination under clause (B) shall be made by the Commissioner 
after considering the current expenditures per child in providing free 
public education in those school districts in the State which, in the 
judgment of the Commissioner, are generally comparable to the school 
district of the local educational agency for which the computation is 
being made." 
SEC. 4. Subsection (c) of section 4 of such Act is amended to read 
fo use 2V9.^* 
as follows: 
"COUNTING or CERTAIN CHILDREN 
"(c) In determining under subsection (a) whether there has been 
an increase in attendance in any fiscal year directly resulting from acti-
vities of the United States and the number of children with respect to 
whom payment is to be made for any fiscal year, the Commissioner shall 
not count children whose attendance is attributable to activities of the 
United States carried on in connection with real property which has 
been excluded from the definition of Federal property by the last 
sentence of paragraph (1) of section 9, but shall count as an increase fo u#c iiil*' 
directly resulting from activities of the United States an increase in 
the number of children who reside on Federal property or reside with 
a parent employed on Federal property." 
634 
PUBUC LAW248-AUG. 8, 1953 
[67 STAT. 
20 use'23^9.^* 
^^^' ^' Subsection (d) of section 4 of such Act is amended to read 
as follows: 
"ADJUSTMENT FOR CERTAIN DECREASES IN FEDERAL ACTIVITIES 
"(d) Whenever the Commissioner determines that— 
"(1) a local educational agency has made preparations to 
provide during a fiscal year free public education for a certain 
Ante, p. 532. 
number of children to whom subsection (a) applies; 
"(2) such preparations were in his judgment reasonable in 
the light of the information available to such agency at the time 
such preparations were made; and 
"(3) such number has been substantially reduced by reason of 
a decrease in or cessation of Federal activities or by reason of 
a failure of any of such activities to occur, 
the amount to which such agency is otherwise entitled under this 
section for such year shall be increased to the amount to which, in 
the judgment of the Commissioner, such agency would have been en-
titled but for such decrease in or cessation of Federal activities or the 
failure of such activities to occur, minus any reduction in current 
expenditures for such year which the Commissioner determines that 
such agency has effected, or reasonably should have effected, by reason 
of such decrease in or cessation of Federal activities or the failure of 
such activities to occur." 
20 u#c'2Vo.^' 
SEC. 6. Subsection (b) of section 5 of such Act is amended to read 
as follows: 
(; 
PAYMENT 
"(b) The Commissioner shall, subject to the provisions of subsec-
^"^''°' 
tion (c), from time to time pay to each local educational agency, in 
advance or otherwise, the amount which he estimates such agency is 
entitled to receive under this Act. 
Such estimates shall take into 
account the extent (if any) to which any previous estimate of the 
amount to be paid such agency under this Act (whether or not in the 
same fiscal year) was greater or less than the amount which should 
have been paid to it. 
Such payments shall be made through the dis-
bursing facilities of the Department of the Treasury and prior to audit 
or settlement by the General Accounting Office." 
20 use 240. 
(gj,^ Y. Subsection (c) of section 5 of such Act is amended to read 
as follows: 
a 
ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS 
"(c) If the funds appropriated for a fiscal year for making the 
payments provided in this Act are not sufficient to pay in full the total 
amounts which the Commissioner estimates all local educational agen-
cies will be entitled to receive under this Act for such year, the Com-
missioner shall, subject to any limitation contained in the Act appro-
priating such funds, allocate such funds, other than so much thereof 
Post, p. 5 3 5; as he estimates to be required for section 6, among sections 2, 3, and 
ante, p. 530, 532. ^ ^^^ -j^ ^^le proportion that the amount he estimates to be required 
under each such section bears to the total estimated to be required 
under all such sections. The amount thus allocated to any such 
section shall be available for payment of a percentage of the amount 
to which each local educational agency is entitled under such section 
including, in the case of section 3, any increases under subsection 
(c) (2) thereof), such percentage to be equal to the percentage which 
the amount thus allocated to such section is of the amount to which 
all such agencies are entitled under such section. 
In case the amount 
67 S T A T . ] 
PUBLIC LAW 248-AUG. 8, 1953 
535 
so allocated to a section for a fiscal year exceeds the total to which 
all local educational agencies are entitled under such section for such 
year or in case additional funds become available for carrying out 
such sections, the excess, or such additional funds, as the case may be, 
shall be allocated by the Commissioner, among the sections for which 
the previous allocations are inadequate, on the same basis as is pro-
vided above for the initial allocation." 
SEC. 8. (a) Section 6 of such Act is amended by inserting " ( a ) " 
after "SEC. 6.". 
(b) Such section is further amended by striking out the second 
sentence and inserting the following in lieu thereof: "To the maximum 
extent practicable, the local educational agency, or the head of the 
Federal department or agency, with w^hich any arrangement is made 
under this section shall take such action as may be necessary to ensure 
that the education provided pursuant to such arrangement is compa-
rable to free public education provided for children in comparable 
communities in the State, or, in the case of education provided under 
this section outside the continental United States, Alaska, and Hawaii, 
comparable to free public education provided for children in the Dis-
trict of Columbia. 
For the purpose of providing such comparable 
education, personnel may be employed without regard to the civil-
service or classification laws." 
(c) Such section is further amended by adding at the end thereof 
the following new subsections: 
"(b) In any case in which the Commissioner makes such arrange-
ments for the provision of free public education in facilities situated 
on Federal property, he may also make arrangements for providing 
free public education in such facilities for children residing in any 
area adjacent to such property with a parent who, during some portion 
of the fiscal year in which such education is provided, was employed 
on such property, but only if the Commissioner determines after con-
sultation with the appropriate State educational agency (1) that the 
provision of such education is appropriate to carry out the purposes 
of this Act, (2) that no local educational agency is able to provide 
suitable free public education for such children, and (3) in any case 
where in the judgment of the Commissioner the need for the provision 
of such education will not be temporary in duration, that the local 
educational agency of the school district in which such children reside, 
or the State educational agency, or both, will make reasonable tuition 
payments to the Commissioner for the education of such children. 
Such payments may be made either directly or through deductions 
from amounts to which the local educational agency is entitled under 
this Act, or both, as may be agreed upon between such agency and 
the Commissioner. Any amounts paid to the Commissioner by a State 
or local educational agency pursuant to this section shall be covered 
into the Treasury as miscellaneous receipts. 
"(c) In any case in which the Commissioner makes arrangements 
under this section for the provision of free public education in facili-
ties situated on Federal property in Puerto Rico, Wake Island, or the 
Virgin Islands, he may also make arrangements for providing free 
public education in such facilities for children residing with a parent 
employed by the United States, but only if the Commissioner deter-
mines after consultation with the appropriate State educational agency 
(1) that the provision of such education is appropriate to carry out the 
purposes of this Act, and (2) that no local educational agency is able 
to provide suitable free public education for such children. 
"(d) The Commissioner may make an arrangement under this sec-
tion only with a local educational agency or with the head of a Federal 
department or agency administering Federal property on which chil-
64 Stat. 1107. 
20 u s e 241. 
E d u c at i o n al 
standard. 
Employe es • chil» 
drenln a d j a c e n t 
areas. 
P u e r t o 
R i c o , 
Wake Island, Vir-
gin Islands. 
Arrangements. 
536 
PUBLIC LAW 248-AUG. 8, 1953 
[67 ST A T . 
L i m i t 
ments. 
Control, 
tion. 
64 Stat. 1108. 
20 u s e 243. 
D e l e g a t i o n of 
functions. 
Availability 
appropriations. 
64 Stat. 1108. 
20 u s e 244. 
Wake Island. 
dren reside who are to be provided education pursuant to such 
arrangement. Arrangements may be made under this section only for 
the provision of education in facilities of a local educational agency 
or in facilities situated on Federal property. 
"(e) To the maximum extent practicable, the Commissioner shall 
limit the total payments made pursuant to any such arrangement for 
educating children within the continental United States, Alaska, or 
Hawaii, to an amount per pupil which will not exceed the per pupil cost 
of free public education provided for children in comparable commu-
nities in the State. 
The Commissioner shall limit the total payments 
made pursuant to any such arrangement for educating children outside 
the continental United States, Alaska, or Hawaii, to an amount per 
pupil which will not exceed the amount he determines to be necessary 
to provide education comparable to the free public education provided 
for children in the District of Columbia. 
"(f) In the administration of this section, the Commissioner shall 
not exercise any direction, supervision, or control over the personnel, 
curriculum, or program of instruction of any school or school system." 
SEC. 9. (a)' Effective as of July 1, 1953, subsection (a) of section 8 
of such Act is amended by adding the following new sentence at the end 
thereof: "The Commissioner is authorized to delegate to any officer or 
employee of the Office of Education any of his functions under this Act 
except the making of regulations." 
(b) Effective as of July 1, 1953, subsection (d) of section 8 of such 
Act is amended to read as follows: 
"(d) No appropriation to any department or agency of the United 
States, other than an appropriation to carry out this Act, shall be avail-
able during the period beginning July 1, 1953, and ending June 30, 
1956, for the employment of teaching personnel for the provision of 
free public education for children in any State or for payments to any 
local educational agency (directly or through the State educational 
agency) for free public education for children, except that nothing in 
the foregoing provisions of this subsection shall affect the availability 
of appropriations for the maintenance and operation of school facili-
ties (1) on Federal property under the control of the Atomic Energy 
Commission or (2) by the Bureau of Indian Affairs." 
SEC. 10. (a) The second sentence of section 9 (1) of such Act is 
amended to read as follows: "Such term includes real property which 
is owned by the United States and leased therefrom and the improve-
ments thereon, even though the lessee's interest, or any improvement 
on such property, is subject to taxation by a State or a political subdivi-
sion of a State or by the District of Columbia." 
The last sentence of 
such section 9 (1) is amended by striking out "Such" and inserting in 
lieu thereof "Notwithstanding the foregoing provisions of this para-
graph, such". 
(b) Section 9 (8) of such Act is amended by inserting "Wake 
Island," after "Puerto Eico,". 
SEC. 11. Such Act is amended by adding at the end thereof the 
following new section: 
'ELECTION TO RECEIVE CERTAIN PAYMENTS WITH RESPECT TO THE 
E D U C A T I O N 
O F INDIAN 
CHILDREN 
"SEC. 10. (a) The Governor of any State may elect to have the pro-
visions of this section apply with respect to such State for the fiscal 
year ending June 30, 1955, or the succeeding fiscal year. 
Notice of 
such an election shall be filed with the Secretary of the Interior and 
with the Commissioner of Education (1) before January 1, 1954, in 
the case of an election for the fiscal year ending June 30, 1955, and 
67 
S T A T . ] 
PUBLIC LAW 249-AUG. 8, 1953 
537 
(2) before January 1,1955, in the case of an election for the fiscal year 
ending June 30, 1956. 
"(b) Whenever the Governor of a State has made such an election 
and has so filed notice thereof, then with respect to such State for the 
fiscal year for which such election was made— 
"(1) an Indian child who does not meet the requirements of 
clause (1) of section 3 (a) shall be deemed to meet such require-
ments if neither of his parents was regularly employed on non-
Federal property; and 
"(2) notwithstanding the second sentence of section 9 (2), the 
term 'child' as used in this Act (other than section 6) shall be 
deemed to include an Indian child. 
"(c) As used in this section, the term 'Indian child' means any child 
of one-fourth or more degree of Indian blood who is recognized as 
such under the laws of the United States relating to Indian affairs." 
SEC. 12. (a) Except where a different effective date is specified, 
the amendments made by the preceding sections of this Act shall 
become effective July 1, 1954. In the case of any local educational 
agency which is entitled to payments for the fiscal year ending June 
30, 1954, under section 4 (a) of the Act of September 30, 1950, as in 
effect prior to the enactment of this Act, with respect to an increase 
in average daily attendance occurring in such fiscal year, such agency 
shall be entitled to payments for the fiscal year ending June 30, 1955, 
in accordance with the provisions following.clause (B) of such section 
as amended by this Act; and for such purpose the amount to which 
such agency is so entitled for the fiscal year ending June 30, 1954, 
shall be deemed to be the product referred to in such section as 
amended by this Act. 
(b) The amendments made by the following provisions of this Act 
shall become effective as of July 1,1953: 
(1) Subsections (b) and (c) of the first section; 
(2) Subsections (b) (1) and (c) of section 2, and the second 
sentence of subsection (d) of such section 2; 
(3) Section 8; and 
(4) Subsection (a) of section 10. 
Approved August 8, 1953. 
Ante, p. 530. 
64 Stat. 1108. 
20 u s e 244. 
Effective date. 
64 Stat. 1104. 
20 u s e 239. 
Public Law 249 
CHAPTER 403 
JOINT RESOLUTION 
Authorizing the recognition of the two hundredth anniversary of 
the founding of Columbia University in the city of New York and 
providing for the representation of the Government and people 
of the United States in the observance of this anniversary. 
Whereas King's College, chartered in 1754, was one of the earliest 
institutions of higher learning to be established in the American 
colonies; and its alumni, including such famous Americans as Alex-
ander Hamilton, John Jay, Robert R. Livingston, and Gouverneur 
Morris, played a brilliant role in the struggle for American inde-
pendence, in the formulation and adoption of the Constitution of 
the United States, and in the establishment of a new government 
dedicated to the liberty of man; and 
Whereas King's College became Columbia University subsequent to 
the American Revolution and, in ensuing decades, has carried and 
enhanced the prestige of American scholarship and scientific 
research throughout the world and has contributed abundantly at 
home to the increase of learning, the betterment of the professions 
and the enrichment of the community generally; and 
August 8,1953 
[H. J. Res. 250]