An Act to extend until June 30, 1958, the programs of financial assistance in the construction and operation of schools in areas affected by Federal activities under the provisions of Public Laws 815 and 874, 81st Congress, and to make certain other changes in such provisions
PL 84-949 (H.R.11695), enacted 08/03/1956

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PUBLIC LAW 949-AUG. 3, 1956 
[70 ST A T . 
Public Law 949 
CHAPTER 915 
August 3,1956 
[H. R. 11695] 
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AN ACT 
School facilities 
in areas affected 
by Federal activi-
ties. 
64 Stat. 975. 
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To extend until .Tune 30, 1958, the programs of financial assistance in the con-
struction and operation of schools in areas affected by Federal activities under 
the provisions of Public Laws 815 and 874, Eighty-first Congress, and to make 
certain other changes in such provisions. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress 
assembled, 
TITLE I—AMENDMENTS TO PUBLIC LAW 815, 
EIGHTY-FIRST CONGRESS 
SEC. 101. Subsection (e) of section 209 of the Act of Sej)tember 23, 
1950 (Public Law 815, Eighty-first Congress), as amended, is amended 
by striking out "1957" and inserting in lieu thereof "1959". 
SEC. 102. The third sentence of paragraph (1) of section 210 of such 
Act is amended by inserting " ( A ) " after "includes" and by inserting 
immediately before the period at the end thereof a comma and the 
following: "and (B) any school which is providing flight training to 
members of the Air Force under contractual arrangements with the 
Department of the Air Force at an airport which is owned by a State 
or a political subdivision of a State". 
SEC. 103. Section 301 of such Act is amended by striking out "three" 
and inserting in lieu thereof "five". 
SEC. 104. The first sentence of section 303 of such Act is amended 
by striking out "1956" and inserting in lieu thereof "1958". 
SEC. 105. (a) The first sentence of section 304 (a) of such Act is 
amended by striking out "1955-1956" and inserting in lieu thereof 
"1957-1958". 
(b) The last sentence of section 304 (a) of such Act is amended by 
striking out clause (A) and inserting in lieu thereof the following 
new clause: "(A) are built or under contract as of the date on which 
the Commissioner set, under section 303, the earliest date on or before 
which the application for such project is filed, or". 
SEC. 106. (a) Subsection (a) of section 305 of such Act is amended— 
(1) by striking out "1953-1954" each time it appears therein 
and inserting in lieu thereof "1955-1956"; 
(2) by striking out "1955-1956" and inserting in lieu thereof 
"1957-1958"; 
(3) b^ inserting in paragraph (2) immediately after "such 
agency is situated" a period and the following: "A child of a 
parent who commenced residing in or near the school district of 
such an agency while assigned to employment, as a member of the 
Armed Forces on active duty, on Federal property (situated in 
whole or in part in the same State as the school district of such 
agency or within reasonable commuting distance from such school 
district) and who was subsequently assigned elsewhere on active 
duty as a member of the Armed Forces, shall continue to be con-
sidered as residing with a parent employed on such Federal prop-
erty, for purposes of this paragraph and paragraph (1) of this 
subsection, for so long as the parent is so assigned"; 
(4) by striking out all of the first sentence of paragraph (3) 
thereof which follows "such agency is situated" and inserting in 
lieu thereof the following: "; but this paragraph (3) shall not 
apply if, within ninety days following the filing by such agency 
of an application in accordance with regulations prescribed under 
section 306 (a), the President finds (A) that no portion of the 
school district is in an area in which a defense plant or installation 
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PUBLIC LAW 949-AUG. 3, 1956 
has been or is to be provided, or an existing defense plant or in-
stallation has been or is to be reactivated or its operation substan-
tially expanded^ or (B) that no substantial in-migration of defense 
workers or military ^rsonnel is required to carry out activities 
at any such plant or installation, or (C) after consultation with 
the Commissioner, that the minimum school facilities required 
for the free public education of the children of such defense 
workers or military personnel are available."; and 
(5) by inserting immediately before the period at the end 
thereof a colon and the following: ^''Provided,, That if the Com-
missioner finds, with respect to a number of such children who 
during the regular school year 1955-1956 attended school facilities 
owned by the Federal Government and used by such agency, (A) 
that such school facilities used for such children can be more 
appropriately used for different school purposes or are no longer 
available for school purposes, and (B) that such agency will 
submit with its application under this title a project to provide 
school facilities for such children, such children shall be counted 
as an increase under paragraph (1) or (2) of this subsection as 
the case may be, and shall be deemed to be without school facilities 
at the close of the regular school year 1957-1958 for purposes of 
section 304 (a)". 
(b) Subsection (c) of section 305 is amended by striking out "1953-
1954" and inserting in lieu thereof "1955-1956" and by inserting im-
mediately before the period at the 
end thereof the following: 
": Provided^ That children residing on any housing property which, 
prior to sale or transfer by the United States, was considered to be 
Federal property for the purposes of this Act, shall not be considered 
as having been federally connected in determining the eligibility of 
the local educational agency under this subsection . 
(c) Subsection (d) of section 305 is amended (1) by striking out 
"regular school year 1955-1956" and inserting in lieu thereof "regular 
school year 1957-1958", (2) by striking out "110 per centum" and 
inserting in lieu thereof "107 per centum", (3) by striking out "regu-
lar school year 1953-1954" and inserting in lieu thereof "regular 
school year 1955-1956", and (4) by striking out "1953-1954 and 1955-
1956" and inserting in lieu thereof "1955-1956 and 1957-1958". 
SEC. 107. Subsection (b) of section 306 of such Act is amended by 
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inserting immediately before the period at the end thereof the follow-
ing : ": Provided^ That the Commissioner may approve any applica-
tion for payments under this title at any time after it is filed and 
before any priority is established with respect thereto under section 
303 if he determines that— 
"(1) on the basis of information in his possession, it is likely 
that the urgency of the need of the local educational agency is 
such that it would have a priority under section 303 which would 
qualify it for payments under this title when such priorities are 
established, and 
"(2) the number of children in the increase under section 305 
(a) is in large measure attributable to children who reside or 
will reside in housing newly constructed on Federal property." 
SEC. 108. Section 310 of such Act is amended by striking out ^1956" 
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and inserting in lieu thereof "1958". 
SEC. 109. Subsection (b) of section 401 of such Act is amended (1) 
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by striking out "two succeeding fiscal years" and inserting in lieu 
thereof "four succeeding fiscal years", (2) by striking out "$20,000,000" 
and inserting in lieu thereof "$40,000,000'', and (3) by striking out 
"1956" and inserting in lieu thereof "1958". 
SEC. 110. The amendments made by this title shall become effective 
Effective date. 
July 1,1956. 
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[70 ST AT, 
ag5nli"er^fected TITLE II—AMENDMENTS TO PUBLIC LAW 874, EIGHTY-
ti^esf 
*'**'^ «<^"^^- 
FIRST CONGRESS 
SEC, 201. Subsection (a) of section 2 of the Act of September 30, 
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^^^^ (Public Law 874, Eighty-first Congress), as amended, is amended 
by striking out "six succeeding fiscal years" and inserting in lieu 
thereof "seven succeeding fiscal years". 
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gj5(. 202. Subsection (a) of section 3 of such Act is amended (1) by 
striking out "1957" and inserting in lieu thereof "1958" and (2) by 
striking out "the preceding fiscal year" and inserting in lieu thereof 
"such fiscal year". 
SEC. 203. Subsection (b) of section 3 of such Act is amended (1) by 
striking out "the preceding fiscal year" and inserting in lieu thereof 
"such fiscal year", (2) by striking out "(other than those specified in 
subsection (a) hereof", and (3) by adding at the end thereof the 
following new sentences: "A child of a parent who commenced residing 
in or near the school district of such an agency while assigned to em-
ployment, as a member of the Armed Forces on active duty, on Fed-
eral property (situated in whole or in part in the same State as the 
school district of such agency or within reasonable commuting distance 
from such school district) and who was subsequently assigned else-
where on active duty as a member of the Armed Forces, shall continue 
to be considered as residing with a parent employed on such Federal 
property for so long as the parent is so assigned elsewhere. If both 
subsection (a) and this subsection apply to a child, the local educa-
tional agency shall elect which of such subsections shall apply to such 
child.". 
SEC. 204. (a) Subsection (c) of section 3 of such Act is amended by 
striking out paragraph (1) thereof and inserting the following new 
paragraphs in lieu thereof: 
"(c) (l) The amount to which a local educational agency is entitled 
under this section for any fiscal year ending prior to July 1,1958, shall 
be an amount equal to (A) the local contribution rate (determined 
under subsection (d)) multiplied by (B) the sum of the number of 
children determined under subsection (a) and one-half of the number 
determined under subsection (b). 
"(2) No local educational agency shall be entitled to receive any 
payment for a fiscal year with respect to a number of children deter-
mined under subsection (a) or subsection (b), as the case may be, 
unless the number of children who were in average daily attendance 
during such year and to whom such subsection applies— 
" (A) is ten or more; and 
"(B) amounts to 3 per centum or more of the total number of 
children who were in average daily attendance during such year 
and for whom such agency provided free public education. 
Notwithstanding the provisions of clause (B) of this paragraph, the 
Commissioner may waive the 3 per centum condition of entitlement 
contained in such clause whenever, in his judgment, exceptional cir-
cumstances exist which would make the application of such condition 
inequitable and would defeat the purposes of this Act. 
"(3) Notwithstanding the preceding provisions of this section, 
where the average daily attendance at the schools of any local educa-
tional agency during the fiscal year ending June 30, 1939, exceeded 
35,000— 
"(A) such agency's percentage requirement for eligibility (as 
set forth in paragraph (2) of this subsection) shall be 6 per 
centum instead of 3 per centum (and those provisions of such 
paragraph (2) which relate to the lowering of the percentage 
requirement shall not apply); and 
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PUBLIC LAW 949-AUG. 3, 1956 
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"(B) in determining the number of children under subsection 
(a) or (b) with respect to whom such agency is entitled to receive 
payment, the agency shall be entitled to receive payment with re-
spect to only so many of the number of children whose attendance 
serves as the basis for eligibility under such subsection, as exceeds 
3 per centum of the number of all children in average daily at-
tendence at the schools of such agency during the fiscal year for 
which payment is to be made." 
(b) Paragraph (2) of subsection (c) of section 3 of such Act is 
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amended (1) by redesignating such paragraph as paragraph (4), 
(2) by striking out "1957" and inserting in lieu thereof "1958", (3) by 
striking out "the preceding fiscal year" and inserting in lieu thereof 
"such fiscal year", (4) by striking out "succeeding fiscal year" and 
inserting in lieu thereof "two succeeding fiscal years", (5) by striking 
out "the preceding year" and inserting in lieu thereof "such year , 
and (6) by striking out "such preceding year" and inserting in lieu 
thereof "such year". 
(c) Subsection (c) of section 3 of such Act is amended by adding 
at the end thereof the following new paragraph: 
"(5) The determinations whether a local educational agency has 
met the percentage requirements for eligibility under paragraphs (2), 
(3), or (4) of this subsection 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." 
(d) Subsection (e) of section 3 of such Act is amended by striking 
out "subsection (c) (2)" and inserting in lieu thereof "subsection (c) 
SEC. 205. Subsection (d) of section 3 of such Act is amended (1) 
by striking out "generally comparable" and inserting in lieu thereof 
"most nearly comparable" and (2) bv amending the next to the last 
sentence thereof to read as follows: "In no event shall the local con- t.,}f^^^ contribu-
tribution rate for any local educational agency in any State in the 
continental United States for any fiscal year be less tnan (i) 50 per 
centum of the average per pupil expenditure in such State or (ii) the 
national average per pupil local contribution rate but not to exceed 
the average per pupil expenditure in such State. 
For purposes of 
the preceding sentence 'average per pupil expenditure in such State' 
means the aggregate current expenditures, during the second fiscal 
year preceding the fiscal year for which the computation is made, of 
all local educational agencies in such State (without regard to the 
sources of funds from which such expenditures are made), divided by 
the aggregate number of children in average daily attendance to whom 
such agencies provided free public education during such second pre-
ceding fiscal year; and 'national average per pupil local contribution 
rate' means the aggregate amounts to which local educational agencies 
in the continental United States became entitled under section.3 (c) 
(1) for such second preceding fiscal year, divided by the aggregate 
number of children used Under section 3 (c) (1) in computing such 
amounts (counting children under section 3 (b) as one-half those 
under section 3 (a))." 
SEC. 206. Section 3 of such Act is amended by adding at the end 
thereof the following new subsection: 
"ADJUSTMENT FOR CERTAIN DECREASES IN FEDERAL ACTIVITIES 
"(f) Whenever the Commissioner determines that— 
"(1) a local educational agency has made preparations to pro-
tlon rate. 
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[70 STAT. 
vide during a fiscal year free public education for a certain num-
ber of children to whom subsection (a) or (b) 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." 
SEC. 207. Subsection (a) of section 4 of such Act is amended (1) 
by striking out "1957" both times it appears therein and inserting in 
lieu thereof "1958", and (2) by striking out "section 2 of". 
SEO. 208. Subsection (c) of section 4 of such Act is amended to 
read as follows: 
"COUNTING OF CERTAIN CHILDREN 
"(c) In determining under subsection (a) whether there has been 
an increase in attendance in any fiscal year directly resulting from 
activities of the United States and the number of children with 
respect to whom payment is to be made for any fiscal year, the Com-
missioner shall not count— 
" (A) children with respect to whom a local educational agency 
is, or upon application would be, entitled to receive any payment 
under section 3 for such fiscal year, and 
"(B) 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." 
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gj,(, 209. Subsection (c) of section 5 of such Act is amended by 
striking out "subsection (c) (2)" and inserting in lieu thereof "sub-
section (c) (4)". 
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SEC. 210. Subsection (d) of section 8 of such Act is amended by 
striking out "1957" and inserting in lieu thereof "1958". 
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SEC. 211. The third sentence of paragraph (1) of section 9 of such 
Act is amended by inserting " ( A ) " after "such term includes" and 
by inserting immediately before the period at the end thereof a com-
ma and the following: 
(B) for one year beyond the end of the fiscal 
year in which occurred the sale or transfer thereof by the United 
States, any housing proi^erty considered prior to such sale or transfer 
to be Federal property for the purposes of this Act, and (C) any 
school which is providing flight training to members of the Air Force 
under contractual arrangements with the Department of the Air 
Force at an airport which is owned by a State or a political sub-
division of a State". 
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SEC. 212. Subsection (a) of section 10 of such Act is amended by 
striking out "either of the two" and inserting in lieu thereof "any of 
the three". 
Effective date. 
SEC. 213. The amendments made by this title shall become effective 
July 1,1956. 
Approved August 3, 1956.