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Thomas F. Cadwallader, representing the Sentinels of the Republic,
R. Floyd Cromwell, principal of the Cambridge High School, Cam-
E. N. Dietrich, assistant director of education, State Department of
Walter C. Eells, professor of education, Stanford University, Califor-
Rev. Father George Johnson, secretary general, National Catholic
Dr. J. R. Mahoney, professor of economics, University of Utah....
Dr. Charles Maxwell, president, Pennsylvania State Educational As-
Dr. Paul Mort, professor of education, Teachers College, Columbia
Hon. Robert L. Mouton, Representative in Congress from the State
Hon. Wright Patman, Representative in Congress from the State of
Hon. Jennings Randolph, Representative in Congress from the State
Very Rev. Msgr. Michael J. Ready, general secretary, National Catho-
James H. Richmond, president, State Teachers College, Murray, Ky.
Hon. Will Rogers, Representative in Congress from the State of Okla-
John T. Taylor, general counsel of the American Legion, Washington,
Hon. David D. Terry, Representative in Congress from the State of
FEDERAL AID TO THE STATES FOR THE SUPPORT OF
TUESDAY, MARCH 30, 1937
HOUSE OF REPRESENTATIVES,
The committee met in the committee room of the World War Veterans' Committee, House Office Building, at 10:30 a. m., Hon. Vincent L. Palmisano (chairman) presiding.
The CHAIRMAN. The committee will come to order. Before proceeding with the hearing, I will take this opportunity to thank Ĉongressman Rankin for extending to this committee the use of this splendid committee room of the World War Veterans' Committee. The regular committee room of the Committee on Education is not large enough to consider a bill of this kind when there is so much interest manifested throughout the country as evidenced by this large attendance, and I am sure my colleagues join with me in thanking Mr. Rankin.
We are considering H. R. 5962, which was introduced yesterday, involving the same principles as the former Fletcher bill, H. Ř.
I understand that Dr. Sidney B. Hall, State superintendent of education of Virginia will take charge of the hearing, announcing the speakers, and so forth. May I ask at this time if there are any here in opposition to this bill who want time to be heard?
Mr. ELMER E. ROGERS. I have no desire to testify today, but some time during the hearing, while we are in favor of Federal aid, we desire that the bill be modified in some particulars. That is the only opposition we will have to it.
The CHAIRMAN. In the present form you are opposed to the bill? Mr. ROGERS. We favor all of the features of the bill except one. We would like to have the terms "public education" and "public schools" defined to mean tax-supported free public schools and taxsupported free public education. That is practically the only opposition that we will make to it, and that will be true of probably five other witnesses.
Mr. MASON. May I suggest that this new bill which has been introduced, H. R. 5962, is different from H. R. 2288 in the particulars that you mention?
Mr. ROGERS. I am very glad to hear that.
Mr. MASON. Have you made a study of the new bill?
Mr. ROGERS. I am very glad to have Congressman Mason bring that to my attention and I shall study it.
(The bill referred to is as follows:)
[H. R. 5962, 75th Cong., 1st sess.]
A BILL To promote the general welfare through the appropriation of funds to assist the States and Territories in providing more effective programs of public education
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $100,000,000, or so much thereof as may be necessary, is hereby authorized to be appropriated and apportioned annually to the several States and Territories to be used by them for improvement of their public schools in the manner prescribed by their respective legislatures, and the sum authorized to be appropriated and apportioned annually for such purposes is hereby increased by $50,000,000 for each fiscal year: Provided, That the total sum appropriated for any fiscal year for such purposes shall not exceed $300,000,000.
SEC. 2. The amounts appropriated under authority of this Act (less amounts set aside for administrative and other purposes under section 9) shall be apportioned among the States and Territories in the proportion which the number of their inhabitants aged five to twenty years, inclusive, bears to the total number of inhabitants aged five to twenty years, inclusive, of all the States and Territories. In the computation of all sums apportioned under this Act to the States and Territories for the fiscal years ending June 30, 1937, 1938, 1939, 1940, 1941, 1942, and 1943, the population figures shall be taken from the Fifteenth Decennial Census of the United States. In computations for the fiscal years ending June 30, 1944 to 1953, and for each successive ten-year period thereafter, population figures shall be taken from the decennial census of the United States next preceding the beginning of each period.
SEC. 3. The manner in which the funds apportioned to each State and Territory shall be used for the maintenance of the program of public education shall be determined by the legislature thereof, and no provision of this act shall be construed to prevent the State or Territorial legislatures from appropriating such funds to provide a program of public education for persons under five or over twenty years of age, nor to delimit said legislatures in their definition of their program of public education.
The legislative enactments shall provide for the distribution, expenditure, and administration of such funds as shall be apportioned to said States and Territories; and for a just and equitable distribution and expenditure of said funds among the several public schools of that State or Territory, taking into consideration the total population and each population group for which schools are specifically maintained therein. They shall designate the chief State or Territorial school authority, to represent said State or Territory in the administration of this Act, who shall be recognized by the United States: Provided, That in any State or Territory in which the legislature has not taken action as herein required, the chief executive of said State or Territory may, until six months after the adjournment of the first regular session of the legislature in such State or Territory following the date of enactment of this Act, take such action as is herein required to be taken by legislative enactment, and such action by said chief executive shall be recognized by the United States for the purposes of this Act. The State or Territorial treasurer shall be designated as custodian of all funds received, and disbursement shall be made in accordance with the laws of said State or Territory.
SEC. 4. When a State or Territory shall have provided for the distribution and administration of such funds as shall be apportioned to said State or Territory in accordance with the provisions of this Act, and when the chief educational authority designated to represent said State or Territory shall make a report in writing to that effect, approved by the chief executive of said State or Territory, to the United States Commissioner of Education, the United States Commissioner of Education shall compute the amount due each State and Territory and shall apportion for the ensuing fiscal years such funds as said State or Territory may be entitled to received under the provisions of this Act and shall certify such apportionment or apportionments to the Secretary of the Treasury. The Secretary of the Treasury shall thereupon, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay quarterly to the treasurer of each State or Territory the apportionment or apportionments so certified.
SEO. 5. The United States Commissioner of Education is authorized to prescribe plans for keeping accounts of the expenditures of such funds as may be
apportioned to the States and Territories under the provisions of this Act. The chief educational authority designated to represent a State or Territory receiving any of the apportionments made under the provisions of this Act shall cause to be made annually, within six months after the close of the fiscal year in such State or Territory, an audit of such accounts by a certified public accountant: Provided, That no two consecutive annual audits of such accounts shall be made by the same certified public accountant. Such chief educational authority shall submit to the United States Commissioner of Education a copy of each annual audit of such accounts within thirty days after the completion of the audit. If the United States Commissioner of Education shall determine that a State or Territory has not complied with sections 3, 7, or 8 of this Act, or that the apportionment made to a State or Territory for the current fiscal year is not being expended for educational purposes in accordance with said provisions, he shall give notice of these facts to the chief educational authority and to the chief executive of such State or Territory. If, after being so notified, a State or Territory does not comply with said provisions, and/or does not expend its apportionment for educational purposes, the United States Commissioner of Education shall report thereon at once to the Secretary of the Interior, who shall transmit said report to the Congress, and the United States Commissioner of Education shall not certify any further apportionment to the State or Territory affected until said State or Territory has complied with said provisions or until directed and authorized by Congress to do so. If any portion of the money received by a State or Territory under the provisions of this Act be diminished or lost, an amount equal to the amount so diminished or lost shall be withheld from the next ensuing apportionments until replaced.
SEC. 6. The chief educational authority designated to represent a State or Territory receiving any of the apportionments made under the provisions of this Act shall annually submit to the United States Commissioner of Education in such form as the Commissioner may prescribe a report showing the manner of distributing within the State or Territory the funds apportioned under this Act and the work and improvements accomplished thereby. The United States Commissioner of Education shall annually compile, publish, and make available a similar report for the United States showing sepaarte data for each State and Territory.
SEC. 7. After the first apportionment is made to any State or Territory under this Act, such State or Territory shall not receive any part of any subsequent apportionment unless during the school year next preceding the year for which such apportionment is made, there has been maintained a system of public schools available throughout such State or Territory, wherein each public school maintained in said system shall be held in session for a term not less than one hundred and sixty days, the closing of school due to epidemics, fires, and acts of God being excepted.
SEC. 8. No State or Territory shall receive any funds under this Act unless, during the school year next preceding the year for which such apportionment is made, it has expended from its combined State or Territorial and local revenues for public elementary and secondary schools a sum not less than was spent in said State or Territory in the school year ended in 1936, for each person aged five to twenty years, inclusive, taking into consideration the total population and each population group for which schools are specifically maintained therein. SEC. 9. From the funds appropriated to carry out this Act an amount not to exceed one-tenth of 1 per centum of the total amount appropriated annually is hereby made available to the United States Office of Education for the administration of this Act and for conducting such research as may be requested by State or Territorial school officials and as may be of assistance to the States and Territories in the improvement of their systems of public education. SEC. 10. As used in this Act
(1) The term "State" means the several States and the District of Columbia. (2) The term "Territory" means Alaska, Hawaii, Puerto Rico, the Virgin Islands, the Canal Zone, American Samoa, and Guam.
(3) The term "legislature" means the State or Territorial legislature or other comparable body, except that in the District of Columbia it shall mean the Board of Education.
SEC. 11. This Act shall be construed as intending to secure to the several States and Territories control of the administration of this Act within their respective jurisdictions and to preserve State and local initiative in the operation of schools. No provision of this Act shall be construed to delimit the States and Territories in determining the character of the educational program in the public schools to be supported by the respective States and Territories;