principally responsible for Federal activities which may occasion assistance under subchapter I of this chapter, shall to the maximum extent practicable comply with requests of the Secretary for information he may require in carrying out the purposes of subchapter I of this chapter.

(Sept. 30, 1950, ch. 1124, title IV, § 402, formerly § 8, 64 Stat. 1108; Aug. 8, 1953, ch. 402, § 9, 67 Stat. 536; Aug. 4, 1955, ch. 543, ch. 11, § 202, 69 Stat. 485; Aug. 12, 1955, ch. 868, § 1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, § 210, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, § 204, 72 Stat. 560; renumbered title III, § 302, and amended Apr. 11, 1965, Pub. L. 89-10, title I, § 3(c), 79 Stat. 35; Apr. 13, 1970, Pub. L. 91-230, title IV, 401(c)(1), 84 Stat. 173; renumbered title IV, 402, June 23, 1972, Pub. L. 92-318, title IV, 411(a), 86 Stat. 334, Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692; Aug. 13, 1981, Pub. L. 97-35, title V, § 505(c)(1), 95 Stat. 442.)

CODIFICATION

Subsec. (c) authorized the Director of the Bureau of the Budget [Director of the Office of Management and Budget] to transfer appropriations of other departments or agencies for the fiscal year ending June 30, 1951, which were available for the same purposes as subchapter I of this chapter, to the Commissioner for his use in carrying out such purposes, except as to contracts made prior to Sept. 30, 1950.

Subsec. (d), which provided for restriction on the use of appropriated funds, was omitted in view of section 505(c)(1) of Pub. L. 97-35, which provided that subsec. (d) of this section "shall not apply during fiscal year 1982, or any succeeding fiscal year".

AMENDMENTS

1970-Subsec. (a). Pub. L. 91-230 repealed provisions of the third sentence for delegation of functions by Commissioner. See section 1231(a) of this title.

1965-Subsecs. (b), (c). Pub. L. 89-10, § 3(c)(2), substituted "title I" for "this Act" which, for purposes of codification, is changed to “subchapter I of this chapter".

1958-Subsec. (d). Pub. L. 85-620 eliminated "during the period beginning July 1, 1953, and ending June 30, 1958" which followed "shall be available", and inserted provisions relating to availability of appropriations under sections 452 to 455 of title 25.

1956-Subsec. (d). Act Aug. 3, 1956, substituted "1958" for "1957".

1955-Subsec. (d). Act Aug. 4, 1955, excluded appropriations for the making of payments directed to be made by section 2391 of title 42.

Act Aug. 12, 1955, extended the duration of subsec. (d) until June 30, 1957.

1953-Subsec. (a). Act Aug. 8, 1953, § 9(a), authorized the Commissioner to delegate all his functions under this chapter, except the making of regulations.

Subsec. (d). Act Aug. 8, 1953, § 9(b), extended its duration for two years until June 30, 1956, limited restriction on appropriations to use of funds for employment of teaching personnel and excluded funds handled by the Bureau of Indian Affairs.

EFFECTIVE DATE OF 1958 Amendment Amendment by Pub. L. 85-620 effective for the period beginning July 1, 1958, see Effective Date of 1958 Amendment note set out under section 237 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act Aug. 3, 1956, effective July 1, 1956, see Effective Date of 1956 Amendment note set out under section 237 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT Section 9 of act Aug. 8, 1953, provided in part that the amendments made by such section 9 [amending subsecs. (a) and (d) of this section] shall become effective July 1, 1953.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsecs. (a) and (b) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

CROSS REFERENCES

Bureau of Indian Affairs, see section 1 et seq. of Title 25, Indians.

§ 244. Definitions

For the purposes of this chapter

(1) The term "Federal property" means real property which is owned by the United States or is leased by the United States, and which is not subject to taxation by any State or any political subdivision of a State or by the District of Columbia. Such term includes (A) except for purposes of section 241 of this title, real property held in trust by the United States for individual Indians or Indian tribes, and real property held by individual Indians or Indian tribes which is subject to restrictions on alienation imposed by the United States, (B) for one year beyond the end of the fiscal year in which occurred the sale or transfer thereof by the United States, any property considered prior to such sale or transfer to be Federal property for the purposes of this chapter, (C) any low-rent housing (whether or not owned by the United States) which is part of a low-rent housing project assisted under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.), section 516 of the Housing Act of 1949 [42 U.S.C. 1486], or part B of title III of the Economic Opportunity Act of 1964 [42 U.S.C. 2861 et seq.), (D) 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 and (E) any property owned by a foreign government or by an international organization which by reason of such ownership is not subject to taxation by the State in which it is located or a subdivision thereof. Such term also includes any interest in Federal property (as defined in the foregoing provisions of this paragraph) under an easement, lease, license, permit, or other arrangement, as well as any improvements of any nature (other than pipelines or utility lines) on such property even though such interests or improvements are subject to taxation by a State or political subdivision of a State or by the District of Columbia. Notwithstanding the foregoing provisions of this paragraph, such term does not include any real property under the jurisdiction of the United States Postal Service and used primarily for the provision of postal services. Real

property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a low-rent housing project.

(2) The term "child" means any child who is within the age limits for which the applicable State provides free public education.

(3) The term "parent" includes a legal guardian or other person standing in loco parentis.

(4) The term "free public education" means education which is provided at public expense, under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State.

(5) The term "current expenditures" means expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under title I, II, or III of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 2701 et seq., 2881 et seq., 2941 et seq.).

(6) For purposes of subchapter I of this chapter, the term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a State. Such term includes any State agency which directly operates and maintains facilities for providing free public elementary and secondary education through grade 12.

(7) The term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools.

(8) The term "State" means a State, Puerto Rico, Wake Island, Guam, the District of Columbia, American Samoa, the Northern Mariana Islands, or the Virgin Islands.

(9) The term "Secretary" means the Secretary of Education.

(10) Average daily attendance shall be determined in accordance with State law, except that (A) the average daily attendance of children with respect to whom payment is to be made under section 238 or 239 of this title shall be determined in accordance with regulations of the Secretary, and (B) notwithstanding any other provision of this chapter, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this chapter the attendance of such child at such school shall be held and considered (i) to be attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (ii) not to be attendance at a school of the local educational agency receiving such

tuition payment or entitled to receive such payment under the contract. A child shall, for the purposes of section 238 of this title, be deemed to be in attendance at a school of a local educational agency if such child is determined to be federally connected under clause (1) or (2) of section 238(a) of this title or under clause (1), (2), or (3) of section 238(b) of this title for any fiscal year and if such child is attending a school other than a school of such agency because such child is handicapped (as defined in section 1401(1) of this title) and if such agency makes a tuition payment on behalf of such child to such school for such fiscal year. Regulations promulgated by the Secretary in accordance with clause (A) of this paragraph shall permit the conversion of average daily membership to average daily attendance for local educational agencies in States which reimburse local educational agencies based upon average daily membership and which do not require local educational agencies to keep records based on average daily attendance.

(11) The term "county" means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties.

(12) The term "construction" includes the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities.

(13) The term "school facilities" means classrooms and related facilities (including initial equipment) for free public education and interests in land (including site, grading, and improvements) on which such facilities are constructed, except that such term does not include those gymnasiums and similar facilities intended primarily for exhibitions for which admission is to be charged to the general public.

(14) The term "equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials. (Sept. 30, 1950, ch. 1124, title IV, § 403, formerly § 9, 64 Stat. 1108; Aug. 8, 1953, ch. 402, § 10, 67 Stat. 536; Aug. 1, 1956, ch. 852, § 10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, § 211, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, § 205, 72 Stat. 560; June 25, 1959, Pub. L. 86-70, § 18(d)(4), 73 Stat. 145; July 12, 1960, Pub. L. 86-624, § 14(d)(4), 74 Stat. 414; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1102(b), 78 Stat. 1109, renumbered title III, § 303, and amended Apr. 11, 1965, Pub. L. 89-10, title I, §§ 3(c)(1), 4(a)-(c), (d)(1), (e), 79 Stat. 35; Nov. 1, 1965, Pub. L. 89-313, § 6(c), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89-750, title I, § 117(a)(1), (b), title

II, § 206, 80 Stat. 1198, 1199, 1213; Jan. 2, 1968, Pub. L. 90-247, title II, § 201, 81 Stat. 806; Apr. 13, 1970, Pub. L. 91-230, title II, § 203(b), 84 Stat. 156; Aug. 12, 1970, Pub. L. 91-375, §§ 4(a), 6(0), 84 Stat. 773, 783; renumbered title IV, § 403, June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 334, and amended Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(9)(K), title III, § 304(d)(1), 88 Stat. 501, 523; Apr. 21, 1976, Pub. L. 94-273, § 49(d), 90 Stat. 382; Oct. 12, 1976, Pub. L. 94-482, title V, § 501(n), 90 Stat. 2237; Nov. 1, 1978, Pub. L. 95-561, title I, § 101(b), title X, §§ 1011-1014, 1031(a), 92 Stat. 2200, 2310-2312; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in par. (1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note under section 1437 of Title 42 and Tables.

The Economic Opportunity Act of 1964, referred to in par. (1), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended. Part B of title III of such Act, was classified to part B (§ 2861 et seq.) of subchapter III of chapter 34 of Title 42, The Public Health and Welfare, prior to its repeal by Pub. L. 95-568, § 8(a)(2), Nov. 2, 1978, 92 Stat. 2428. For complete classification of this Act to the Code, see Tables.

The Elementary and Secondary Education Act of 1965, referred to in par. (5), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2152. Title I of the 1965 Act, which was formerly classified to subchapter II (§ 241a et seq.) of chapter 13 of this title, is classified generally to subchapter I (§ 2701 et seq.) of this title. Titles II and III of that Act, which were formerly classified to subchapters I (§ 821 et seq.) and II (§ 841 et seq.) of chapter 24 of this title, respectively, were classified generally to subchapters II (§ 2881 et seq.) and III (§ 2941 et seq.) of chapter 47 of this title, respectively, prior to their repeal by Pub. L. 97-35, title V, § 587(a)(1), Aug. 13, 1981, 95 Stat. 480. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

AMENDMENTS

1978-Par. (1). Pub. L. 95-561, § 1011, added cl. (E) relating to property owned by a foreign government or by an international organization which by reason of such ownership is not subject to taxation by the State in which it is located or a subdivision thereof.

Par. (2). Pub. L. 95-561, § 101(b)(1), struck out ", except as used in subchapter II of this chapter," following "The term 'child' ".

Par. (4). Pub. L. 95-561, § 101(b)(2), struck out ", except that for the purposes of subchapter II of this chapter such term does not include any education provided beyond grade 12" following "applicable State".

Par. (5). Pub. L. 95-561, § 101(b)(3), substituted "title I, II, or III of the Elementary and Secondary Act of 1965" for "title II of this act or title II or III of the Elementary and Secondary Education Act of 1965".

Par. (6). Pub. L. 95-561, §§ 101(b)(4), 1012, struck out the designation "(A)" at the beginning of par. (6), substituted "free public elementary and secondary education through grade 12" for "free public education", and struck out subpar. (B) which had defined the term "local educational agency" as that term was used in subchapter II of this chapter.

Par. (8). Pub. L. 95-561, §§ 101(b)(5), 1031(a), struck out "and for purposes of subchapter II of this chapter, such term includes the Trust Territory of the Pacific Islands" following "Virgin Islands" and added "the Northern Mariana Islands," following "American Samoa,".

Par. (10). Pub. L. 95-561, §§ 1013, 1014, added provisions relating to federally connected children and handicapped children and provisions relating to the conversion of average daily membership to average daily attendance.

Pars. (15) to (17). Pub. L. 95-561, § 101(b)(6), struck out pars. (15), (16), and (17), which had defined, respectively, the terms "elementary schools", "average per pupil expenditure", and "excess costs", as those terms were used in subchapter II of this chapter.

1976-Par. (16). Pub. L. 94-273 substituted "third fiscal year" for "second fiscal year".

Par. (17). Pub. L. 94-482 substituted "; but at the option of a local educational agency, such term need not include" for "(but not including" and "residing in nonproject areas" for "residing in nonproject areas)".

1974-Par. (1). Pub. L. 93-380, § 304(d)(1), added end provision reading: "Real property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a low-rent housing project."

Pars. (16), (17). Pub. L. 93-380, § 101(a)(9)(K), added pars. (16) and (17).

1970-Par. (1). Pub. L. 91-230 defined "Federal property" to include as item (C) of second sentence any low-rent housing (whether or not owned by the United States) which is part of a low-rent housing project assisted under the United States Housing Act of 1937 (formerly excluded from the term by former item (C) of fourth sentence of this section), section 1486 of title 42, or part B of subchapter III of chapter 34 of Title 42, redesignating former item (C) of second sentence as (D), and struck out exclusion from the term (item (A) of fourth sentence) any real property used for a labor supply center, labor home, or labor camp for migratory farm workers and (item (C) of fourth sentence) any low-rent housing project held under title II of the National Industrial Recovery Act, the Emergency Relief Appropriation Act of 1935, the United States Housing Act of 1937 (now included in item (C) of second sentence), the Act of June 28, 1940 (Public Law 671, Seventy-sixth Congress), or any law amendatory of or supplementary to any of such Acts, deleting item (B) designation for existing provisions, respectively.

1968-Par. (1). Pub. L. 90-247 clarified the definition of "Federal property" by including within such term any interest in Federal property under an easement, lease, license, permit, or other arrangement, as well as any improvements of any nature (other than pipelines or utility lines) on such property even though such interests or improvements are subject to taxation by a State or political subdivision of a State or by the District of Columbia, and by deleting provisions which included within such term any real property owned by the United States and leased therefrom and the improvements thereon, even though the lessee's interest, or any improvement on such property, is subject to taxation by a State or a political subdivision of a State or by the District of Columbia.

1966-Par. (1). Pub. L. 89-750, § 206(a), (b), substituted "property" for "housing property" in the provision for the inclusion of property which was considered prior to sale or transfer for one year beyond the end of the fiscal year in which occurred the sale or transfer to be Federal property, struck out prohibition against the inclusion of real property used by the United States primarily for the provision of services or benefits to the local area in which such property is situated, which was formerly set out as clause (A) in the final sentence, and redesignated former clauses (B) to (D) of such sentence as clauses (A) to (C) thereof respectively.

Par. (5). Pub. L. 89-750, § 117(b), substituted "free public education, including expenditures for administration, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but not including expenditures for community services, capital outlay, and debt service" for "free public education to the extent that such expenditures are made from current revenues, except that such term does not include any such expenditure for the acquisition of land, the erection of facilities, interest, or debt service".

Par. (6). Pub. L. 89-750, § 117(a)(1), redesignated as subpar. (A) those existing provisions having application to subchapter I of this chapter, redesignated as subpar. (B) those existing provisions having application to subchapter II of this chapter, and, in subpar. (B), reorganized existing provisions, added reference to the performance of service functions for public elementary and secondary schools, and inserted provision for the free public education of children in institutions for neglected or delinquent children.

Par. (10). Pub. L. 89-750, § 206(c), substituted provisions authorizing the Commissioner to prescribe a uniform system of counting children to determine average daily attendance of federally connected children for provisions under which average daily attendance is determined strictly under State law.

1965-Par. (2). Pub. L. 89-10, § 4(a),

inserted

", except as used in subchapter II of this chapter," following "child".

Par. (4). Pub. L. 89-10, § 4(b), excluded from the meaning of the term "free public education", when used in subchapter II of this chapter, education provided beyond grade 12.

Par. (5). Pub. L. 89-10, § 4(c), added to the enumerated funds which are not included in determining "current expenditures" those expenditures made from funds granted under subchapter II of this chapter or sections 821 to 827 or 841 to 848 of this title.

Par. (6). Pub. L. 89-313 included within the term "local educational agency" for the purposes of subchapter II of this chapter any State agency which is directly responsible for providing, on a non-school-district basis, free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education).

Par. (8). Pub. L. 89-10, § 4(d)(1), included American Samoa within the definition of "State" and, for purposes of subchapter II of this chapter, the Trust Territories of the Pacific Islands.

Pars. (11) to (15). Pub. L. 89-10, § 4(e), added pars. (11) to (15).

1964-Par. (8). Pub. L. 88-665, inserted "the District of Columbia," after “Guam,”.

1960-Par. (8). Pub. L. 86-624 eliminated "Hawaii," preceding "Puerto Rico".

1959-Par. (8). Pub. L. 86-70 eliminated "Alaska", preceding "Hawaii".

1958-Par. (1). Pub. L. 85-620, § 205(a), (b), inserted "except for purposes of section 241 of this title," preceding "real property held in trust”, substituted "provisions of services or benefits to the local area" or "provision of services to the local area", and added provisions excluding from the definition of "Federal property" any real property under the jurisdiction of the Post Office Department and used primarily for the provision of postal services.

Par. (2). Pub. L. 85-620, § 205(c), eliminated provisions excluding from the definition of "child" any child who is a member, or the dependent of a member, of any Indian tribal organization and who is eligible for education services provided pursuant to a capital grant of the United States, or under the supervision of, or pursuant to a contract or other arrangement with, the Bureau of Indian Affairs.

1956-Par. (1). Act Aug. 3, 1956, inserted in third sentence "(A)" after “such term includes" and inserted subpar. "(B)" relating to housing property considered Federal property prior to its sale or transfer, and subpar. "(C)" relating to schools providing training for Air Force members.

Par. (8). Act Aug. 1, 1956, added the word “Guam”, following the words "Wake Island,".

1953-Par. (1). Act Aug. 8, 1953, extended the definition of "Federal property" to any real property owned by the United States and leased to someone else even though the lessee's interest is subject to State or local taxation and by extending the definition of “State" to include Wake Island.

CHANGE OF NAME

In par. (1), "United States Postal Service" was substituted for "Post Office Department" pursuant to Pub. L. 91-375, §§ 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes preceding section 101 of Title 39, Postal Service, and under section 201 of Title 39, respectively, which abolished the Post Office Department, transferred its functions to the United States Postal Service, and provided that references in other laws to the Post Office Department shall be considered a reference to the United States Postal Service.

EFFECTIVE DATE of 1978 AMENDMENT

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, except as otherwise specifically provided, see section 1530 of Pub. L. 95-561, set out as an Effective Date note under section 2701 of this title.

Amendment of par. (1) by section 1011 of Pub. L. 95-561 effective with respect to fiscal year 1980 and subsequent fiscal years, see section 1032(2) of Pub. L. 95-561, set out as an Effective Date of 1978 Amendment note under section 237 of this title.

Section 1012 of Pub. L. 95-561 provided in part that the substitution of "free public elementary and secondary education through grade 12" for "free public education" in par. (6) of this section by section 1012 of Pub. L. 95-561 is effective Oct. 1, 1979.

Amendment of par. (8) of this section by section 1031(a) of Pub. L. 95-561, adding reference to the Northern Mariana Islands, effective with respect to the 1979 fiscal year and subsequent fiscal years, see section 1032 of Pub. L. 95-561, set out as an Effective Date of 1978 Amendment note under section 237 of this title.

Amendment of par. (10) of this section by sections 1013 and 1014 of Pub. L. 95-561 effective with respect to the 1979 fiscal year and subsequent fiscal years, see section 1032 of Pub. L. 95-561, set out as an Effective Date of 1978 Amendment note under section 237 of this title.

EFFECTIVE Date of 1976 AMENDMENT Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94-482, set out as an Effective Date of 1976 Amendment note under section 1001 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 2(c) of Pub. L. 93-380 provided that: "(1) Unless otherwise specified, each provision of this Act [see Short Title of 1974 Amendment note set out under section 2701 of this title] and each amendment made by this Act [see Short Title of 1974 Amendment note set out under section 2701 of this title] shall be effective on and after the sixtieth day after the enactment of this Act [Aug. 21, 1974].

"(2) In any case where the effective date for an amendment made by this Act [see Short Title of 1974 Amendment note set out under section 2701 of this

title] is expressly stated to be effective after June 30, 1973, or on July 1, 1973, such amendment shall be deemed to have been enacted on June 30, 1973."

Section 101(b) of Pub. L. 93-380 provided that: "Except as otherwise specifically provided [repeal of former section 241d-11 and section 241d-12 of this title by section 101(a)(4)(B), effective July 1, 1975), the amendments made by subsection (a) [enacting sections 241c-1 to 241c-5, 241d-11, 241e-1, 241n, 2410, and 244(16), (17), and amending sections 241b, 241c, 241e to 241h, 241j, and 241k of this title] and the provisions of paragraph (10) of such subsection [section 2713 of this title] shall be effective on and after July 1, 1974."

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-230 effective after June 30, 1970, see section 203(c)(1) of Pub. L. 91-230, set out as an Effective Date of 1970 Amendment note under section 635 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-247 effective for fiscal years beginning after June 30, 1967, see section 208 of Pub. L. 90-247, set out as an Effective Date of 1968 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT Section 191 of Pub. L. 89-750 provided that: "The provisions of this title [enacting sections 241m, 871 to 880, and 886 of this title and section 2000d-5 of Title 42, The Public Health and Welfare, and provisions set out as notes under sections 241a, 241b, and 241c of this title, amending sections 241b, 241c, 241e, 241f, 241g, 241h, 241j, 241k, 2417, 244, 331a, 332a, 332b, 821, 822, 823, 841, 842, 843, 844, 861, 862, 863, 864, 3382, and 3384 of this title, and repealing section 241d of this title] shall be effective with respect to fiscal years beginning after June 30, 1966, except as specifically provided otherwise."

Amendment by section 206 of Pub. L. 89-750 effective for fiscal years beginning after June 30, 1966, see section 241 of Pub. L. 89-750, set out as an Effective Date of 1966 Amendment note under section 238 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by Pub. L. 86-624 effective Aug. 21, 1959, see section 47(f) of Pub. L. 86-624, set out as an Effective Date of 1960 Amendment note under section 645 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-70 effective Jan. 3, 1959, see section 47(d) of Pub. L. 86-70.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-620 effective for the period beginning July 1, 1958, see Effective Date of 1958 Amendment note set out under section 237 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT Amendment of par. (1) by act Aug. 3, 1956, effective July 1, 1956, see Effective Date of 1956 Amendment note set out under section 237 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT

For effective date of amendments by act Aug. 8, 1953, see section 12 of act Aug. 8, 1953, set out as an Effective Date of 1953 Amendment note under section 237 of this title.

TRANSFER OF FUNCTIONS

In par. (9), "The term 'Secretary' means the Secretary of Education" was substituted for "The terms 'Commissioner of Education' and 'Commissioner' means the United States Commissioner of Education" and, in par. (10), "Secretary", meaning the Secretary

of Education, was substituted for "Commissioner" pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Educa

tion.

POSTAL SERVICE PROPERTY AS FEDERAL PROPERTY

Pub. L. 92-277, § 2, Apr. 24, 1972, 86 Stat. 124, provided that: "All real property of the United States which was transferred to the United States Postal Service and was, prior to such transfer, treated as Federal property for purposes of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [sections 236 to 244 of this title], shall continue to be treated as Federal property for such purpose for two years beyond the end of the fiscal year in which such transfer occurred."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 238, 239, 240, 1228 of this title.

§ 244a. School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments In order to facilitate the providing of educational opportunities for children of Government employees and other residents in Indian reservations, the national parks and national monuments the Secretary of the Interior is authorized in his discretion to make available for elementary school purposes therein, without charge, space in Government-owned buildings, when such space may be available for such purposes without detriment to the official business of such Indian reservation, national parks and national monuments.

(July 16, 1940, ch. 629, 54 Stat. 761.)

CODIFICATION

Section was not enacted as part of act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, which comprises this chapter. Section was formerly classified to section 76a of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89-554, § 1, Sept. 6, 1966, 80 Stat. 378.

§ 245. Repealed. Pub. L. 85-620, title II, § 206, Aug. 12, 1958, 72 Stat. 561

Section, act Sept. 30, 1950, ch. 1124, § 10, as added Aug. 8, 1953, ch. 402, § 11, 67 Stat. 536, and amended Aug. 12, 1955, ch. 868, § 1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, § 212, 70 Stat. 972, related to election by States to receive payments with respect to education of Indian children.

EFFECTIVE DATE OF REPEAL

Repeal of this section by Pub. L. 85-620 effective for the period beginning July 1, 1958, see Effective Date of 1958 Amendment note set out under section 237 of this title.

§ 246. State equalization plans; assistance to States (a) Reimbursement to States; submittal of plans to Secretary; statement of purpose; guidelines: publication and republication in Federal Register, submittal to President of Senate and Speaker of House; new guidelines; resolution of disapproval (1) Any State desiring to develop a plan for a program of financial assistance to local educational agencies in that State to assist such